Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: Do I have to show up to court for my diversion completion? Or can I choose not to go?
Timothy Denison
Timothy Denison
answered on Mar 1, 2023

You don’t have to go but make sure your attorney sees that it is completed.

2 Answers | Asked in Criminal Law for Kentucky on
Q: I got put on diversion last year March 20th. I looked to check to see if I have any court dates come up and it says

I have a court date for diversion on March 20th why would I have to go back to court for my diversion is it completed now and they are dismissing it or what is going on?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 28, 2023

The court date is likely for the case to be dismissed. You don’t necessarily have to attend, but I would have your attorney attend to make sure that it goes through.

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Can a victim drop domestic assault charges and avoid going to court

I live in Kentucky

Timothy Denison
Timothy Denison
answered on Feb 27, 2023

No. Whether to prosecute or dismiss the charges is solely up to the prosecutor.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If you are not indicted by GJ in 60 days will the jail just let you out

On day 61 will you just be released from jail? Does your lawyer have to do something? They have to let you out on day 61 if no indictment yet?

Timothy Denison
Timothy Denison
answered on Feb 18, 2023

Your lawyer will need to file a motion for release on day 61.

2 Answers | Asked in Criminal Law, Civil Rights and Probate for Kentucky on
Q: I'm on parole in Kentucky and I don't feel that the officer's are working to help me I want to go to rehab and contact

Them after I get their due to being afraid they are just gonna lock me up instead of agreeing with going to rehab and allowing me.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 14, 2023

You need to work with your officer. If you go off the grid they can arrest you. Probation and parole is in charge with supervising you and you have to abide by their rules and their timetable.

View More Answers

1 Answer | Asked in Criminal Law for Kentucky on
Q: I am on probation and recently became homeless. I applied for a transfer but was denied due to another convicted felon

Living at address. When I contacted my probation officer from other county she said I have 24 hrs to find somewhere else to go. I haven't found anywhere yet. Can she send police to get me or will there be a revocation hearing or what?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 14, 2023

You need to communicate as much as possible with your probation officer. They may give you a break if you communicate well with them. If they believe you have violated, she could file a report, and then they would be brought before a judge, and he would be entitled to a revocation hearing in the... View More

2 Answers | Asked in Criminal Law and White Collar Crime for Kentucky on
Q: Police raid my house without a warrant they kicked in the front door. Then asked if they could do a weapons sweep.

I said they could do a weapons sweep. I guess they took that as they could do whatever. They found a notebook and they are charging me with identity theft. This happened in 2018. They are just now charging me. Can they do that without a warrant. They have no body cam or anything

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 13, 2023

They can charge you with a felony anytime there is no statute of limitations. As far as the warrant issue, they would have to have a lawfully signed warren that they presented to you at the time. It sounds like there are definitely some legal issues with your case. You need to hire an experienced... View More

View More Answers

1 Answer | Asked in Criminal Law for Kentucky on
Q: Ive lost my job and have no source of invome im homeless and cant pay my court ordered restitution payments what do i do
Timothy Denison
Timothy Denison
answered on Feb 6, 2023

File a motion to temporarily suspend your restitution payment until you get a new job.

1 Answer | Asked in Adoption and Criminal Law for Kentucky on
Q: If my child wants to keep their birth name does their biological parent name come up or adopted on a background check
Timothy Denison
Timothy Denison
answered on Feb 6, 2023

It could, yes, depending on the depth and breadth of the background check.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I conceal Carry WITHOUT a ccdw and being a non resident of Kentucky. I’m only moving to KY for a period of about 6

Months and my drivers license had my previous Florida address

Timothy Denison
Timothy Denison
answered on Feb 6, 2023

Not unless you have a ccdw license from Florida. Otherwise, you can open carry while in Ky.

3 Answers | Asked in Criminal Law for Kentucky on
Q: If my wife has a prior assault charge that’s expunged, can any assault after cause it to be brought up? Even if she lied

Her charge was 3 years ago. She recently filed an EPO and left that part out entirely. I’m wondering why she left that out. Can she be charged again?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 5, 2023

An EPO taken out only talks about the facts of something that recently happened. A prior assault charge would not be brought up. An EPO is not a criminal charge. It’s a civil petition that’s taken out by a victim.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: My wife filed an EPO on me after she assaulted me. The EPO doesn’t state her assaulting me. Why is that?

She had a charge expunged from three years ago.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 5, 2023

An EPO is a one-sided document with a statement taken only from the “victim” in the case. It would just be the words of your wife.

View More Answers

1 Answer | Asked in Criminal Law for Kentucky on
Q: Hi I just moved to Kentucky and was wondering about the conceal carry laws. My license and address lead back to Florida

I was wondering if I can conceal carry a firearm here in Kentucky without a ccw and as a non resident of Kentucky. Im only going to be living in Kentucky for about 6 months

Timothy Denison
Timothy Denison
answered on Feb 5, 2023

If you have a ccdw license from Florida, Kentucky will give full faith snd credit to it and you can use it here.

2 Answers | Asked in Criminal Law for Kentucky on
Q: If I miss my show cause court date can I still go pay the fine?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 2, 2023

You should be able to. Call the clerks office in that county and they will tell you.

View More Answers

1 Answer | Asked in Criminal Law, Constitutional Law and Elder Law for Kentucky on
Q: There a person I know had a warrant got on her for driving on low tire in clay Co ky by her husband is this possible

I just like to know if this can be real

Timothy Denison
Timothy Denison
answered on Feb 1, 2023

No. It cannot be real unless there is much more to the story.

1 Answer | Asked in Criminal Law and Health Care Law for Kentucky on
Q: In Kentucky, if a patient decides to leave AMA (against medical advice) does law enforcement need to be notified?

If that patient has an IV catheter in place when they leave the hospital, does local law enforcement need to be notified?

Timothy Denison
Timothy Denison
answered on Jan 30, 2023

Not necessarily. Depends on whether they are a danger to themselves r others.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I had a possession of controlled substance charge in Logan County Kentucky. I accepted a plea deal

My plea deal was 3 years probation and no treatment. My public defender told me if I went to trial I would be convicted. After doing some research of my own I have found evidence that I shouldn't even have been charged with possession. Me and one other person were charged with possession but... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 29, 2023

You cannot withdraw your plea unless it’s very close in time to the plea itself and before you are sentenced. The only option you would likely have after pleading guilty is what’s called an 11.42 motion. That’s ineffective assistance of counsel. You would have to prove that your counsel made... View More

2 Answers | Asked in Civil Rights and Criminal Law for Kentucky on
Q: If someone is residing in a motel room, staff calls police due to marijuana odor. Police arrive and staff open door.

The police knocked but the elderly resident (65 yr old woman with 0 priors) is in bathroom and takes longer than they like to answer. Hotel staff key door and allow cops in. First question is this legal? They then found (allegedly in plain view) drugs.

Question 2: resident was visiting for... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 27, 2023

A person does not have a normal expectation of privacy in a hotel room like they would in their own home so the entry in scenario one sounds legitimate. I would contact the police about the missing property. They have more power and resources to investigate and if they end up charging an employee... View More

View More Answers

1 Answer | Asked in Criminal Law for Kentucky on
Q: If your incarcerated and going for sentencing in Paducah Ku. Do they go by the indictment paperwork’s or by the duscover

In Paducah Ky

Timothy Denison
Timothy Denison
answered on Jan 25, 2023

Neither. They go by your plea agreement, criminal history and the sentencing guidelines.

1 Answer | Asked in Criminal Law for Kentucky on
Q: How long after shock is decided is someone usually released?
Timothy Denison
Timothy Denison
answered on Jan 25, 2023

Usually 7-10 days after decision.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.