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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Consumer Law, Civil Rights and Public Benefits for Kentucky on
Q: how would i go about filing criminal charges against ky. dcbs ensuring claims made against dcbs are fully investigated

how would i go about filing criminal charges against ky. dcbs office in such a way as to ensure that any claims made against that dcbs office are actually investigated as they should be and not just ignored or swept under the rug or tried to be turned into anything other than the actual criminal... View More

James L. Arrasmith
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answered on Feb 24, 2024

To initiate a process against the Kentucky Department of Community Based Services (DCBS) for alleged criminal violations, including potential civil rights violations under "color of law," you would typically start by documenting all relevant incidents, including dates, times, and... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: i am on parole, caught charges in another county, made bail, was put on Home incarceration. Haven't reported in 4 months

now im almost served out on the sentence i'm paroled on, i have 8 months left with MRS (mandatory re-entry supervision) i should only have to do two months. i am curious that when i am violated for absconding and go back to prison will there be a detainer on me or not since i posted bail. also... View More

Timothy Denison
Timothy Denison
answered on Feb 13, 2024

Yes. Absconding could not only impact your MRS but also cause you to be taken into custody immediately, notwithstanding your posting bail.

2 Answers | Asked in Criminal Law for Kentucky on
Q: My ex gf moved my belongings and won't tell me where they are. Can I go to the co attorney?

We recently broke up. I am the main leasee on the house. She moved my all of clothing and belongings and refuses to tell me where they are. She also took my phone, which is in her name, and stole $83 out of my bank account. Attempted to steal $200 more. She stole my house key off of my key ring... View More

Timothy Denison
Timothy Denison
answered on Feb 11, 2024

Yes indeed.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: i was indited by the commonwealth on theft of idenity w/o concent i got pretrial tomorrow what can expect from the judge

23-CR-00075 COMMONWEALTH VS. SLAVEY,

0233100 THEFT OF IDENTITY OF ANOTHER WITHOUT CONSENT

Timothy Denison
Timothy Denison
answered on Feb 11, 2024

Tomorrow, your lawyer will discuss potential resolutions of the case for you to consider.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Kentucky on
Q: What do I do if the local sheriff's department is violating my rights?

Local sheriff's department kicks in the front door of a friend of mines home while she was not home and her landlord was not present. My friend comes home to find her door kicked in, house ransacked, and a note that said, "sorry we missed you, sheriff's department." Then the... View More

James L. Arrasmith
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answered on Feb 24, 2024

If the local sheriff's department kicked in the front door of your friend's home without a warrant and without her being present, it could potentially be a violation of her Fourth Amendment rights against unreasonable searches and seizures. Additionally, arresting your friend the next day... View More

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1 Answer | Asked in Child Custody, Criminal Law and Divorce for Kentucky on
Q: Can my soon to be ex husband take custody of my kids away due to fiances former drug use ?

My fiance and I split due to his addiction - my 4 children from my previous marriage live with us and he was using while living here for a while - we decided to split due to his addiction. He is now clean and we are trying to reconcile but the issue is my soon to be ex husband (divorce isn't... View More

Timothy Denison
Timothy Denison
answered on Feb 8, 2024

It is possible but really unlikely unless your fiance is currently on drugs.

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Am I facing jail time? Or will they let me do rehab? Respondent has asked for jail time or rehab.

In KENTUCKY- facing assault fourth degree, public intoxication 1st & 2nd offense, breaking terms of release on an ROR,& criminal mischief. Separate dates of charge but they’re making me go to court at the same time for both. The respondent is my baby daddy ‘& he has asked for... View More

T. Augustus Claus
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answered on Feb 7, 2024

In Kentucky, facing charges such as fourth-degree assault, public intoxication, breaking terms of release on an ROR, and criminal mischief presents a serious legal situation that could potentially lead to jail time, depending on the specifics of your case, your criminal history, and the discretion... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: What should I do

My fiancés best friend called from jail and asked my fiancé to go over to his house and get some important papers so that he didn’t lose them. My fiancé did and the neighbor called the cops and the best friends girlfriend said she wanted to press charges. My fiancé was arrested for second... View More

Timothy Denison
Timothy Denison
answered on Feb 7, 2024

Based on the facts, it does not appear you can be convicted of this crime. Hire the best criminal defense attorney you can and it should get dismissed.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Kentucky on
Q: If my fiance and I broke up due to his drug use, he's now sober and we're together can kids dad take my kids away

My fiance and I broke up because he relapsed, he is now clean. My 4 children from my previous marriage live with me and their father states he will take full custody of them if my fiance moves back in. Can he do that ?

Timothy Denison
Timothy Denison
answered on Feb 7, 2024

Not if your new husband is clean and sober and remains so. Very difficult to change a joint custody designation.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I was charged with attempt of burglary while my codefendant was charged with 2 nd degree burglary . They indicted my

Code defendant so when they did that they changed my charges to 2 nd degree as well indicted me but when they realized a mistake was made they dismissed my 2nd degree charge. But in doing so they dismissed my code defendant charge as well but they kept my attempt of burglary charge is this right... View More

Timothy Denison
Timothy Denison
answered on Feb 7, 2024

Yes. They can.

2 Answers | Asked in Criminal Law for Kentucky on
Q: If I have a misdemeanor warrant in Hamilton County TN will I be arrested in Jefferson County KY for it?

I don't know how a Commonwealth State works or even what it is. I want to do the right thing. The warrant was issued for a violation of order of protection in Chattanooga TN.

Leland Hulbert
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Leland Hulbert
answered on Feb 3, 2024

If you have an active warrant and you’re pulled over, you would be detained in Kentucky, and then Tennessee would be notified and they would have to decide if they want to come pick you up and bring you back to Tennessee. The process could take 30 days. My advice is to hire a lawyer in Tennessee... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: How can I find out if the grand jury met and didn't indict me and past it to the next grand jury meeting

I am trying to find out if they didn't indict me and past all the evidence to the next grand jury

Timothy Denison
Timothy Denison
answered on Feb 7, 2024

You will need to call the office of the grand jury to find out the s hedule g.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Felony Expungement Kentucky

My felony is 10+ years old in Kentucky. I am on a one year diversion misdemeanor charge in KY as of September, this will automatically fall of in September 2024. Can I still file for felony expungement?

Timothy Denison
Timothy Denison
answered on Jan 31, 2024

Yes. Felony expungement is usually unaffected by misdemeanor charges.

2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Kentucky on
Q: Can someone name people's names on an assault 4 case and to add restraining order for people who wasn't even there

This girl is trying to add Hispanic which is my sister's boyfriend who she wants as her boyfriend adding him on a restraining order and he said he didn't want no part of but she said her attorney is handling it so he didn't have to be there she's just writing his name without... View More

James L. Arrasmith
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answered on Jan 30, 2024

In cases involving restraining orders, the individual seeking the order can request that certain people be included in the order. However, typically, there needs to be a reasonable basis for including each person. This usually involves demonstrating to the court that the person named poses a threat... View More

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1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: I'm on parole in Allen County KY, just found out I've been charged with absconding. What can or will they do to me for

Absconding 1st time in parole in KY??

Timothy Denison
Timothy Denison
answered on Feb 8, 2024

Most likely they will seek to return you to prison and revoke your parole if the absconding can be proven.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Kentucky on
Q: do I need to change venues from original state to current state?

Spouses really took son out of state of original where minor child was born in resided, have been trying to use the court as a sword rather than shield

separated spouses are in a disillusion and a legal dispute over custody of a minor child, separated spouse has been stalking social... View More

Timothy Denison
Timothy Denison
answered on Jan 24, 2024

Venue is proper where the child currently resides.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Civil Rights for Kentucky on
Q: I have concerns about harassment from my Ex -Husband and his wife. Divorce occurred 11/2016.

He is already on his second marriage past ours. His current wife sent downgrading, belittling text messages at all different hours and times of day night. Not including or limited to 4:02 am, midnight Am/PM, etc. My ex husband did and does yeh same thing. Started really bad October 2022, in May... View More

James L. Arrasmith
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answered on Jan 22, 2024

Dealing with ongoing harassment from an ex-spouse is a difficult and distressing situation. It's important to take steps to protect yourself. Since you've already sent a cease and desist letter and the harassment has continued, the next step may be to consider legal action.

In...
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2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: My cousin got locked up for 1st d. trafficking of meth. I'd like to know how much time she's looking at. Please help

This isn't her 1st drug offense, but 1st trafficking offense among 2 other charges. I'm also aware that with trafficking she can be charged by the state and federally. Can you explain that? I'm trying to figure out how much time she's looking at and could use some guidance.... View More

James L. Arrasmith
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answered on Jan 23, 2024

Unfortunately I do not have enough details about your cousin's specific case to estimate potential sentencing. Trafficking charges and sentences vary greatly depending on the amount trafficked, criminal history, whether state or federal charges are pursued, and other factors. However, I can... View More

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