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
2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Can a prosecutor contest a psychological exam that deems a defendant mentally incompetent to stand trial?

There is an hour long video of the full incident. The defense is pushing for a state of mental distress during that time and saying that a mental health condition caused them to behave that way.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Sep 13, 2022

Yes. Typically in these type of cases a competency evaluation is performed and once the results are in there is a competency hearing. Both the prosecution and defense argue their position and the judge ultimately decides the issue.

View More Answers

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: Is answering your door with a gun in hand illegal
Timothy Denison
Timothy Denison
answered on Sep 13, 2022

No. It is not.

1 Answer | Asked in Criminal Law and Traffic Tickets for Kentucky on
Q: Was pulled over and found to have had no license. First ever recordable offense. Would I be able to ask for leinency?

As stated above I had got stopped originally because my license ate wasn't lit up. But after the officer found out I didn't hold a license I was booked. This is my first ever recordable offense on my record and I just am wondering if it was possible to ask for leniency from the judge on... View More

Timothy Denison
Timothy Denison
answered on Sep 11, 2022

If you get everything corrected, you’ll probably just be looking at a $50 fine and court costs or similar.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Is there any way for me to find out the names of all of the officers that were present the night my fiance was arrested?

The arresting officer lied in his police report, and then again on the stand during the preliminary hearing. One of the lies he told was that he and one other officer were the only ones there the night my fiance was arrested. That is not the truth. There were at least ten and possibly even more on... View More

Timothy Denison
Timothy Denison
answered on Sep 11, 2022

Your fiancés lawyer should be able to obtain all that info through discovery snd open records requests.

1 Answer | Asked in Criminal Law, Federal Crimes and Probate for Kentucky on
Q: In Kentucky is someone eligible for shock probation if they get caught for trafficking meth and probation violation.

Serve their time then get released, just to get hit with 10 probation violations for felony offences? Let's say hypothetically if someone Had a friend get caught for trafficking meth first offense first degree and a probation violation. He served about two years on that, then was released. A... View More

Timothy Denison
Timothy Denison
answered on Sep 6, 2022

Impossible to say for certain but the likelihood is greater that he’s talking than just getting lucky breaks.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If somebody sees me smoking meth on my property and calls the cops can I be arrested? Even if they don't find anything

I just wanted to know if I were to be on my front porch and I happen to be smoking meth out of a meth pipe and somebody sees it and calls the cops on me and the cops show up but they don't find the pipe or any drugs on me can I still be arrested?

Timothy Denison
Timothy Denison
answered on Sep 6, 2022

Most likely not. They can’t prove what you were smoking or that it was even an illegal substance.

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: how do i ho about getting someone in trouble for making a false child neglect report on me?

a girl make a fake report on me and i had no idea until a military police scanned my ID and it was flagged and they had detained me and wouldnt tell me why. they then two hours later said the report was "cancelled" and that they could tell it was a false report and they would take care of... View More

Timothy Denison
Timothy Denison
answered on Sep 3, 2022

You can file a civil suit against the person who made the false statements for slander and libel.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Kentucky on
Q: How does an inmate obtain: 1. a court appointed lawyer (no Income) 2. Arrest report, evidence, etc

A friend was arrested last week, is still in custody. Court set for Tuesday, (8/30/2022). She was charged w/traffic violations that she's guilty of, and won't dispute. The other charges are:

1. tampering with physical evidence

2. possession of meth (1st offense)... View More

Timothy Denison
Timothy Denison
answered on Aug 28, 2022

She can ask for court appointed counsel at her first appearance or arraignment. Then her lawyer can ask for the discovery (evidence) after being appointed.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Kentucky on
Q: Can a person request access to all documentation/evidence pertaining to current charges from recent arrest?

A friend was arrested last week and is still in custody. Court is 8/30, and we need to get a court appointed lawyer, she does not have money to pay for private representation. Can she have access to the arrest report and any other documentation or evidence pertaining to that arrest before going to... View More

Timothy Denison
Timothy Denison
answered on Aug 28, 2022

Yes. They can ask for all the evidence.

2 Answers | Asked in Criminal Law for Kentucky on
Q: There are court fees my fiancé can’t pay off for probation. Can we work with the court to pay them off?

He is supposed to get off probation in January. We live in the state of Kentucky and due to finances paying them off has been hard. Is there anyway we can work with the courts to pay them off.

Timothy Denison
Timothy Denison
answered on Aug 27, 2022

Yes, but he will remain on probation until paid in full.

View More Answers

1 Answer | Asked in Car Accidents, Criminal Law and Traffic Tickets for Kentucky on
Q: I got 2 misdemeanor in Feb 2021 for driving and wrecking my car during a snow blizzard, could I get this off My record

In feb of 2021, I had to go to the store because I had no food at home, and I saw other people drive on the rose so I thought it was safe to go out, and on the way back I slid off the road and was in a self accident with nobody else involved, when somebody showed up to help me the called 911 and... View More

Timothy Denison
Timothy Denison
answered on Aug 19, 2022

If you plead guilty to them in 2021, you should be able to expunge them from your record in 2026.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Bought "she shed" for $6000. It was fraudulent. Have receipt. She filed bankruptcy, what's my best option to get $ back

finance company repoed. I'm now without my money or shed. Court said today that I could file a complaint in circuit court. Her lawyer reached out to me wanting to include me as a creditor on her bankruptcy but I don't think that's wise. What's your thoughts. Ty

Timothy Denison
Timothy Denison
answered on Aug 17, 2022

File an adversarial proceeding against her in bankruptcy case for fraud.

1 Answer | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: A friend's 17 yr old daughter is being harrassed and threatened by a 28 yr old female through txt and her work.

The 28 yr old is using someone else's phone to txt but she did show up at the juveniles work to verbally threaten her. The parent has tried to talk with the 28 yr old resolve the issue but the 28 yr old is continuing the harrasment. What options does the juvenile and parent have.

Timothy Denison
Timothy Denison
answered on Aug 17, 2022

Take a criminal complaint against the person who is harassing her.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Walmart it’s self doesn’t persecute shoplifters but they definitely arrest people who steal they send it over to the

sheriffs office for you to be arrested right?!

Jonathan Hodge
Jonathan Hodge
answered on Aug 17, 2022

Persecute - I hope not. I think you're talking about prosecution of a shoplifting offense. Let's examine a chain of events for a standard shoplifting charge: Retail personnel observe suspicious activity and alert the store's loss prevention personnel or the police that merchandise... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: You keep saying nothing will happen because of getting fired for stealing as a associate and it’s been over 5 months and

nothing happened why do you think nothing is going to happen?!

Timothy Denison
Timothy Denison
answered on Aug 16, 2022

Because Walmart does not prosecute thieves and shoplifters.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Kentucky on
Q: I lost custody of my 5 kids, due2 drug use during pregnancy. Since the. started case plan(4mo. In,how much longer)?

They hadn't down any drug screens ,even tho I demand them weekly. Still not even one. &my new ongoing worker wants 2 re do a case plan instead of keeping the original investigating worker la case plan that we already started & signed w herboss. (KY)

Timothy Denison
Timothy Denison
answered on Aug 16, 2022

Probably anther 3-5 months if there are no remaining problems.

1 Answer | Asked in Criminal Law for Kentucky on
Q: where can I find closed cases of Commonwealth of Kentucky
Timothy Denison
Timothy Denison
answered on Aug 15, 2022

Check the archives in Frankfort, Kentucky.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I was working for Walmart back in March got fired for stealing I wrote that I did it they didn’t call the cops now it’s

been 5 months what’s going on is there anything going on?

Timothy Denison
Timothy Denison
answered on Aug 15, 2022

Nothing is going to happen. Period.

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.