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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.

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.

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.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If I catch a new charge while on probation, do I have to be found guilty for probation to be revoked
Timothy Denison
Timothy Denison
answered on Jan 17, 2024

No. You can be revoked solely based upon the new arrest. Conviction is not necessary.

2 Answers | Asked in Copyright, Criminal Law and Intellectual Property for Kentucky on
Q: CAN I SELL TRUMP'S PRODUCT WITH HIS PICTURE I DOWNLOADED FROM GOOGLE? IT IS A MUG WITH HIS PICTURE ON IT

THIS IS NOT THE FAMOUS MUGSHOT BUT A DIFFERENT PICTURE I GOT FROM A CNN PAGE

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

Your reproduction and distribution of this photograph may infringe upon the photographer's intellectual property rights (copyright). It is always best to identify the owner of a photograph or other artistic work and obtain rights clearance or a license (typically granted through contract with... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: Should I be arrested for a mis. tbut? Not read rights,in jail 6 hrs asked for call repeatedly &denied.Should I complain?

Was not read any rights and was arrested for tbut misdemeanor. Should I have been arrested if not felony and way under $1000. I cooperated and returned items. Wasn't charged with trespassing for those reasons. Detained 6 hours &asked many times for call to my mother who had my daughter... View More

James L. Arrasmith
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answered on Jan 13, 2024

It's important to understand that the legality of an arrest depends on the circumstances of the case and state laws. Being arrested for a misdemeanor, even if the value of the item is under $1000, can still be legal. However, the issue of not being read your Miranda rights is concerning,... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: How likely is it that my husband will be grnted shock probation after the facility moved him the nite before his hearing

My husband had been fighting a theft of identity charge for over a year and on the court date before his final sentencing the lawyer and prosecutor was talking about probation since he hadn't bn in any trouble and he had a job and attended every court date. But the day of his final sentencing... View More

Timothy Denison
Timothy Denison
answered on Jan 13, 2024

If the judge previously told him he would shock him after 60 days, most likely he will be shock probated.

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