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Kentucky Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Kentucky on
Q: If an inmate gets approved for parole, but also has been offered shock probation, which one is more desirable?

I have a friend who’s a current inmate sentenced to 3 years but got over 500 credit days from time already served and good time. He says he has been given paperwork in prison saying he’s being considered for parole at the end of this month (August) but his eligibility date isn’t until October... View More

Leland Hulbert
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Leland Hulbert
answered on Aug 23, 2021

Shock probation is likely his better option because if he violates he goes back in front of a judge and prosecutor that have some discretion to leave him on probation. If you violate parole it is a much more basic hearing with a rubber stamp of violation with a likely return trip to prison.

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1 Answer | Asked in Criminal Law and Child Support for Kentucky on
Q: I’m $65,000 in arrears on child support and haven’t missed a payment in 6 years, I’m gonna be on parole forever?

The sentencing judge told the prosecutor that I would never pay it off in open court. My max expectation date is 9/7/21 and my parole officer just told me I had to stay on supervision until it’s paid off! I pay my current and pay towards the arrears. This is a life sentence on parole for child... View More

Timothy Denison
Timothy Denison
answered on Aug 24, 2021

Unfortunately, there is nothing you can do except pay off the arrears.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Is it wrong to hire a different attorney if mine is too busy for me?

I have hired an attorney for the past few months to handle my case but honestly I don’t feel like he prioritizes my case and my court dates. He doesn’t show up to most of them and they end up always getting rescheduled. I asked him to file a motion for something time sensitive and he said he... View More

Leland Hulbert
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Leland Hulbert
answered on Aug 11, 2021

The attorney -client relationship can be ended by either the attorney or the client. With that said it’s better to have a frank discussion with your attorney and tell them your expectations and if they can’t meet those you should hire someone that can. I think most attorneys would agree... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: My boyfriend had an epo issues against him &violated the order 08/06 &was arrested but just got served the papers today

My boyfriend just got served the papers today 08/10 but got arrest for violating the epo on 08/06 even though he was not served the papers .

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Aug 10, 2021

I don’t understand your question? It typically takes a few days to serve papers on someone

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How long does it typically take for a judge to consider a motion for shock probation?

I see a lot of info around the internet for how long they have to approve it, but I’m struggling to find how long the timeframe typically is between the day the motion is filed, to the time the judge approves or denies it. I see things discussing they have a maximum of 60 days to consider it and... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Aug 7, 2021

There are statutory limits as to how long Judge can take but if you’re looking for how long it typically take it takes it really depends on each judge. Shock probation lies in the sole discretion of the sentencing judge. I would say a general timeline is filing the motion having the court hear... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: If you been in jail 60 days an you have not been indicted an a motion for your release has been filed how long can they

Hold you before you get out ofter a motion for failure to indict is filed

Timothy Denison
Timothy Denison
answered on Aug 3, 2021

Until the judge signs the order, which is usually within a day or two.

2 Answers | Asked in Criminal Law for Kentucky on
Q: My brother was at work and overdosed and when he went to hospital and came to left ama and was arrested for old warrant

The warrant was for trafficking and controlled substance but he has never been in trouble for that. And was arrested at the hospital. Can your name even be ran when your in need of medical attention and not in trouble for anything?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 31, 2021

If you have an old warrant or an outstanding warrant you can be served with that anytime. The protection of a reporting an overdose and immunity from charges only applies to new charges.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: In Kentucky, when will I be eligible for parole on a two year and one month sentence?
Timothy Denison
Timothy Denison
answered on Jul 28, 2021

After about 152 days.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I'm a felon and posted an old picture of myself with a firearm on Facebook. What are my chances if I take it to trial?

The only piece of evidence they have is a screenshot of the post. They keep offering me a year to serve. I'm currently on probation and they oppose probating this charge.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 27, 2021

It depends on the timestamp and date and if they found the gun. They should turn over all of this evidence to you and your attorney can advise you of how strong a case they have. A lot of it will come down to what the jury well think if they show one picture of you on Facebook they can probably... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I set up a payment plan after my court date?

I was going 84 in a 45, while this is not my first ticket, and that ticket never counted against my license and I did traffic school, I’m not sure what to expect. Since this ticket is not prepayable, can I set up a payment plan after court?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 19, 2021

The court will generally give you a few months to pay fines and costs. You can make partial payments if you want. If you’re in a really big bind you can ask the judge for even more time to pay your fines and costs

1 Answer | Asked in Criminal Law and Traffic Tickets for Kentucky on
Q: What does it mean if your schedule for a court appearance and all it says is other hearing?
Timothy Denison
Timothy Denison
answered on Jul 27, 2021

Other hearing denotes hearing on a special or specific issue.

2 Answers | Asked in Criminal Law for Kentucky on
Q: My girlfriend is currently facing a murder charge as well as possession of a firearm by a felon.

#1-In a murder case can circumstantial evidence be enough to get a conviction at trial?

#2-Can a person charged with possession of handgun by a convicted felon get a conviction by trial if the police never found the person charged with a handgun?

#3-Can a conviction be given to... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 16, 2021

1. Yes

2. I am not sure what that means

3. Not sure what that means

4. Only if they had shot a gun within the last few house. They could be tested for gunshot residue.

5. Yes

6. Less likely but still possible, Murder cases tend to have tons of evidence -...
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1 Answer | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: Is two years and one month a harsh sentence for a dui, criminal mischief, wanton endangerment, fleeing and evading?

I went to rehab and haven’t been in trouble since it happened almost 2 years ago. This is a first offense. I already took a plea deal but feel that my lawyer did not do his job correctly.

Timothy Denison
Timothy Denison
answered on Jul 27, 2021

One would have to review the case file and the specific facts to properly answer this question.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Is someone who got their probation revoked for a violation and sentenced to 3 yrs in prison eligible for shock probation

In Kentucky, I know someone who got charged with wanton endangerment, served several months then got off on diversion/probation back in 2018. He recently violated his probation and was sentenced to 3 years in prison, but also was given 365 days of credit already due to time on home incarceration... View More

Timothy Denison
Timothy Denison
answered on Jul 14, 2021

He is eligible to make the motion for shock probation.

1 Answer | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Legal Malpractice for Kentucky on
Q: Why wasn't the issue of EED not pursued on appeal? No more ineffective can an atty. be than ignore the compelling plea.

Nunn was a slam dunk EED. Scoville squandered all Nunns and his assets and suicide by eating a bullet because of his poor representation of Nunn et al was coming back on appeals and was his only out. Now Nunn has done

@ enough time for an EED and at 70 his heart condition will just about... View More

Timothy Denison
Timothy Denison
answered on Jul 8, 2021

What is your question?

2 Answers | Asked in Criminal Law for Kentucky on
Q: A gun was pulled on me while I was painting the inside of a house..a gun was pulled on me outside when I was leaving

As I was walking towards the door and down the steeps and to my truck I turned around and a gun was pointed at me buy the grandfather..as i was walling towards the door my equipment was there as I leaned down to get my equipment the lady pushed me and said don't touch my paint..As I walked to... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 6, 2021

It sounds like you did the right thing by calling the sheriffs department. What is your legal question?

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2 Answers | Asked in Criminal Law for Kentucky on
Q: In indiana will a federal charge be removed at the age of 18
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 2, 2021

Charges are typically not “removed”

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My moms in Adair county KY jail has been since April 30th 2021 she has a bond of 10,000 but she has not been indicted

Want to get her out what do I do

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 1, 2021

Hire an experienced criminal defense attorney and have them file a 60 day motion for her release.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: State Kentucky what do you think he will be sentenced?

State Kentucky what do you think he will be sentenced? During the search, the following items were seized:

• a baggie of suspected methamphetamine weighing approximately 75.5 grams,

• a baggie of suspected methamphetamine weighing approximately 1.1 grams,

• a baggie... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jun 30, 2021

Offers on cases can vary wildly based on the facts, the record of the defendant the prosecutor and the judge. Obviously this person is looking at felony time but if they have no record at all they still have a chance at probation if they have a past record of drugs they are more likely to do some... View More

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