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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: My boyfriend who is 17 will be 18 in 6 months is currently at the juvenile detention center. He’s considered a “runaway”

& out of control, recently he wrecked a car without a driver’s license & even took the law on a chase but got away, but a couple nights ago got pulled over n went to juvie since he had a pick up order on him, im not sure if he has any felony charges pending on him, he might have drug... View More

Timothy Denison
Timothy Denison
answered on Feb 17, 2022

There’s no way to properly answer this question without knowing 1) what the new charges are, 2) the facts and circumstances surrounding the new charges, and 3) his criminal

History.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Complicity burglary and robbery has harsher sentence than straight burglary and robbery charges? why?

Can you please tell me why a person with complicity burglary and complicity robbery has a harsher sentence than a person with burglary and robbery charges?

Timothy Denison
Timothy Denison
answered on Feb 14, 2022

Complicity does not have a sentence in snd of itself. It is based on the sentence of the underlying charges, so if robbery and burglary are the underlying charges, the complicity would carry the same sentence of a burglary or complicity charge.

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1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: How can police misconduct be proven in court if no footage or a recording exists of the encounter?

Follow up: How should I approach this subject with my attorney so that they actually take me seriously and do their best to help me?

Timothy Denison
Timothy Denison
answered on Feb 14, 2022

It can also be through testimony, circumstantial evidence, possibly surveillance cameras, passers by, injuries,,etc.

1 Answer | Asked in Criminal Law for Kentucky on
Q: In the state of KY, which law enforcement officers wear a body mic, body camera, use a dash cam or none of the above?

I am specifically curious about the sheriff's department in Owensboro, KY, as I believe an officer with this department is guilty of misconduct and I am trying to figure out how I can possibly prove this.

Timothy Denison
Timothy Denison
answered on Feb 13, 2022

It varies greatly from department to department snd city to city, but the answer to your question is subpoena the desired footage from the department directly.

2 Answers | Asked in Criminal Law for Kentucky on
Q: If drugs are found in a concealed eyeglass case in the door of a car u were driving could u be charged with trafficking

If you don't know what the contents are in the case

Leland Hulbert
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Leland Hulbert
answered on Feb 12, 2022

It depends on the amount of drugs and if there was any other evidence of trafficking. Was there a large sums of money, did they observe people in hand to hand transactions etc.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: You get pulled over In a car that's not your a drugs are found In a eyeglass case In the door can u be charged with poss
Leland Hulbert
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Leland Hulbert
answered on Feb 12, 2022

They can charge everyone in the car with possession but they will have a difficult time proving it. The driver typically bears the most responsibility for contents in his car. If they can link passages to a specific item or specific containers that could be a problem for the passenger but usually... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: My fiancee is in CTS Russell in Louisville, KY on a probation violation and my question is as follows;

Is there any chance that we can get him moved to a IOP program? His grandfather is in very bad health and he is needed to help take him to doctor appointments and to help care for him ect. His original charge was drug related but the violation was not and he was not under the influence of drugs or... View More

Timothy Denison
Timothy Denison
answered on Feb 12, 2022

Possibly. You need to make a motion for transfer to IOP in the Court in which he was revoked and tender all the supporting documentation you can find.

2 Answers | Asked in Criminal Law for Kentucky on
Q: My fiancee was arrested for shoplifting while on probation. Do the have the right to send him to an in house sap program

He was clean whenever they arrested him and they held him for around 3 months before they even sent him there. His grandfather is very I'll right now and he really needs to be with him if at all possible. Please... Any and all advice is welcome

Leland Hulbert
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Leland Hulbert
answered on Feb 11, 2022

It depends if he was on probation or parole. If he was on probation and violated it’s up to a judge. If he is on parole it’s up to it administrative judge and much more likely that he gets sent back to prison.

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1 Answer | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: Will a writ of habeas corpus release a defendant if they haven't been convicted yet?
Timothy Denison
Timothy Denison
answered on Feb 15, 2022

Depends on the basis claimed for the writ but probably not likely.

2 Answers | Asked in Criminal Law and Family Law for Kentucky on
Q: hi

hi, so i was involved in an incident my ex boyfriend threw 2 phones at my head and busted out my friends window so hard it hit my eye and left a bruise and a scar that’s going to be there for the rest of my life. i got a epo, they never served him the papers nor me. i have contacted him since... View More

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

Unfortunately I don't understand what your question is. If you want to cooperate with police, let them know that and they will pass that info on to the prosecutor who files the formal charges. Whether an EPO is necessary or not, a judge would probably issue a no contact order regardless, just... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Can you sue for false arrest of a minor? Is it considered false arrest if they didn't cuff the minor yet?

They read him his rights and claimed they knew it was him and that he did it.

Timothy Denison
Timothy Denison
answered on Feb 9, 2022

No. There was no arrest or confinement.

2 Answers | Asked in Criminal Law and Libel & Slander for Kentucky on
Q: I'm being accused of texting a person off of a texting app and it's not me the cops have been here three times.

I keep telling them to trace the call but all three times they keep saying that if it happens again they are going to arrest me, but it's not me..... what can I do? The person texting them is using my name but it truly isn't me.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 9, 2022

This is becoming a common problem with these third party apps. Just make sure you keep or screenshot your call logs. If the police go the extra mile they can subpoena IP logs to see where the initiating calls are coming from but they typically not do that unless it is a serious case.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Because the homeowner would not admit to illegal items being his, I was arrested to, can I fight this?

The homeowner was being arrested on a warrant and the officers found drugs in his locked room and he said he didn't know whose they were so since nobody took claim we were all arrested and charged for the same charges. I was not under arrest until the home owner denied the items were his. I... View More

Timothy Denison
Timothy Denison
answered on Feb 8, 2022

Hire the best lawyer you can afford and chaenge the search.

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: My son has 2 bail jumpings but had never been arrested nor had a bond for said charges do they have to drop 1?

They did have him on 1 possession charge but they have him on 2 of the same.. fines and court cost for whatever still haven't told us that.. they have his age, birthday,oh and his address wrong.. they keep changes his charges.. one day it's this and one day it's something else and... View More

Timothy Denison
Timothy Denison
answered on Feb 8, 2022

No. They do not have to drop one unless the second charge is duplicative of the first.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Criminal charges specifications.

Would it still be considered theft by awful takening if what allegedly was taken is returned? Would it then become labeled as a different offense? Or would it still be labeled as a theft by unlawful taken?

Timothy Denison
Timothy Denison
answered on Feb 4, 2022

Yes. It is still a theft but the return mitigates the penalty.

2 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Products Liability for Kentucky on
Q: looking to recover gambling loses in kentucky. 30k+

I read where Ive got 5 yrs to sue winner of my gambling transactions.

Kentucky Gaming Laws

Code Section

528.010; 230.010 If any person loses to another at one (1) time, or within twenty-four (24) hours, five dollars ($5) or more, or anything of that value, and pays,... View More

Andre Fereole Regard
Andre Fereole Regard
answered on Jan 27, 2022

Your ablility to recover will in part depend on the type of gaming activity in Kentucky.

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2 Answers | Asked in Criminal Law, Identity Theft and Internet Law for Kentucky on
Q: A perso i know used someone else bank account to pay my utility bill and now they want to charge me for it what do i do?

They sent out a warrant for my arrest because i didnt go and sighn a statement , witch i was going to because i thought he was using his money and i aggreed to pay him back with intrest.. he lied to me and now im in trouble..

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 27, 2022

Since you already have r a warrant you need to hire an experienced criminal defense attorney to try and get the warrant set aside and start fighting the case. I would also save any text, e-mail or social media communications you have had with the guy that fraudulently used the card.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Okay I was driving down the road in a state trooper seen were my plates was out. He pulled me over

I told him that I had a hydrocodone on me he took it and told me that since I was honest that he wouldn't write me up for it. So he did not charge me with it he just charged me for my dead tags. Okay 3 days later they came and served me with a possession charge. Can they do that?

Timothy Denison
Timothy Denison
answered on Jan 26, 2022

Yes.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Fist question is can an arrest warrant still be legal if the case which it is about is closed out

I have an outstanding absconding from parole warrant in which case I have served all the time it takes to be MRS eligible and paid my $15,000 in restitution in full and the case has since been closed out but now I have a family court case and can’t appear or I’ll be arrested on this warrant

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 22, 2022

If the warrant was generated before your parole expired then technically it could still be a valid warrant and you need to appear and get it taken care of. Realistically if you completed all your requirements you may not be asked to serve. It depends on the circumstances. I would contact an... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My husband missed a court date, is being charged with failure to appear/citation for a misdemeanor. What does that mean

He was to appear in court if he didn't have his fine paid.

Timothy Denison
Timothy Denison
answered on Jan 22, 2022

He failed to appear in court. It means simply that.

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