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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: My father from kentucky murderd my baby brother long time ago and now he is free and he gets me in panic attacks assault
Timothy Denison
Timothy Denison
answered on Sep 3, 2018

And what would you like to have done about that?

1 Answer | Asked in Criminal Law for Kentucky on
Q: My trial date was kind of thrown on me and im not prepared

I just received the letter telling me my trial is set for wednesday. And if thats not bad enough monday is a holiday. I have not even been able to speak to my appointed attorney cause wont answer back calls. Im fixing to go in blind! If i can find another attorney tuesday will the judge likely... View More

Timothy Denison
Timothy Denison
answered on Sep 2, 2018

Id hire someone on Tursday to go Wednesday and get a continuance so you can be prepared.

2 Answers | Asked in Criminal Law for Kentucky on
Q: I was charged with a criminal offense that i believe to be a civil matter if anything. Im in need of some legal info.

My father in law (who i do not get along with) gave us his laptop cause he never used it. Its been in our home for 6 months and we all use it. A few months back i pawned it for a short loan. My father in law found out and took his purchase receipt to the prosecutor and filed charges. Im now... View More

Brent Cox
Brent Cox
answered on Sep 1, 2018

If you are unhappy with your lawyer, then you should seek a different lawyer to represent you. You do not have to keep a lawyer with whom you are not happy. Good luck!

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1 Answer | Asked in Criminal Law for Kentucky on
Q: If someones property is in your home for atleast 6 months. Do they still own that property?

The property was given to us to use with no expectation of return. Was in our home for atleast six months and i pawned it with plans to retrieve it of course...but was instead charged..jailed..and now going to trial over a 2 year old lap top that was in my home!

Timothy Denison
Timothy Denison
answered on Sep 1, 2018

Yes. They still own that property unless they have expressly given it to you (preferably in writing).

2 Answers | Asked in Criminal Law for Kentucky on
Q: My son was arrested for possession of a controlled substance(meth) but it was not on him. How can they charge him?

He fell asleep on his car because he ran out of gas in the middle of the night. An officer stopped and pulled him out of his vehicle and noticed some meth on the ground. The officer said it wasn't there before he pulled him out. He did not find it on my son or in his vehicle. They charged him... View More

Brent Cox
Brent Cox
answered on Sep 1, 2018

Your son needs to hire an attorney ASAP. This sounds very shady. Don't talk to the police. Good luck!

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Can guns be in the same house as convicted felon if they are locked up and conv.fel.has no key or access to them.?

Father and son lives together and son has guns locked up in his room and father has no key to room or access to guns. Can father be charged with guns if so what would charges be?

Brent Cox
Brent Cox
answered on Aug 31, 2018

Father could be charged with felony in possession of a firearm or handgun. Being in the same house where there are guns is considered constructive possession for purposes of the statute. They need to remove guns from the home or the father needs to move.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My husband was arrested for wanton endangerment,will I be force to testify against him?Can I refuse 504 or plead the 5th

He bumped my vehicle with his. I didn't want to press charges but the state picked it up. Do I have to testify if I don't want to?

Brent Cox
Brent Cox
answered on Aug 30, 2018

In Kentucky, there is a privilege to not not have your spouse testify. You must have been married before the incident in question and still be married the time you would be called to testify. Consult your attorney about all the details to spousal privilege. Good luck.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: If a person was allegedly on camera in a field culti.marijuana can cops get SW for residence to look for evidence?

Can cops get search warrant for your residence 3 county’s away from alleged crime to search for the marijuana?

Timothy Denison
Timothy Denison
answered on Aug 31, 2018

Yes. Most judges will find sufficient probable cause to issue that search warrant.

2 Answers | Asked in Criminal Law for Kentucky on
Q: I need help with the charge of promoting contraband in the 1st degree. I am scared to death, need advice

I have never been charged with nor have ever been in trouble in my life. I worked at the prison for almost a year with exceptional job performance appraisals. The morning I was charged, I was working a double shift that day and was in a hurry to make sure I had everything needed. I thought I picked... View More

Brandon Voelker
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Brandon Voelker
answered on Aug 27, 2018

Normally most criminal statutes will require intent. You will need to speak with your public defender and advise of all facts. Appears intent will be difficult for the Commonwealth to prove.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: A detective obtained a search warrant on febuary 9 2017 executed it the same day, but didn't return it until 3/2/17.

Also he stated I made a control buy the week of febuary 5th but didnt say exactly when. Does a officer have to give exact dates of alledged crimes?

Timothy Denison
Timothy Denison
answered on Aug 14, 2018

Not for purpose of the search warrant when the date alleged is that close in time. Also, it is not unusual to see the return not made for 30-45 days. Irritating, but not illegal.

1 Answer | Asked in Criminal Law for Kentucky on
Q: OK my question is my son has been in jail and Vandeberg county for two years fighting a case for something he did not do

He goes to court this Thursday like I said he’s been there two years it’s a motion of discovery has never been filed isn’t that grounds for dismissal and I had to let him out

Timothy Denison
Timothy Denison
answered on Aug 14, 2018

If he’s asked for discovery and hasn’t received it, that may be grounds for dismissal. If he’s asked for a speedy trial and hasn’t received one, that could be grounds for dismissal. But the obligations to ask for those things are on him, not the prosecution.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Faxed search warrant judges signature different date than time stamped at top of page what date makes SW valid ?

Judge signed warrant on day before she faxed it back what day is it valid?

Timothy Denison
Timothy Denison
answered on Aug 14, 2018

It is valid as soon as she signs it.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Tbut under 10'000 police unlawfully arrested me and I have proof can someone call me

I was charged with tubt under 10000 and poss of controlled substance , did a drug test have the results and tested negative for everything that day I got arrested never searched or drug tested spent 3 days in jail .. went to more to life counsiling and she evaluated me and negative for that test ..... View More

Timothy Denison
Timothy Denison
answered on Aug 12, 2018

A review of your case file would first be necessary to answer your questions.

1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Search warrant affadavit required to be filed in clerks office before executed?

Went to court house several times over the course of 10-11 days to obtain copy of affadavit /search warrant but clerks office did not have it on file.

Timothy Denison
Timothy Denison
answered on Aug 9, 2018

No. Return has to be made to ombudsman but it does not become public for quite some time, if at all.

1 Answer | Asked in Criminal Law for Kentucky on
Q: What’s the requirements for a district judge to sign search warrant for a residence that’s not in judges district?

Crime allegedly occurred in a different county that the defendant resides in so a county judge signed a search warrant for the defendants residence that’s not in her district or county.

Timothy Denison
Timothy Denison
answered on Aug 8, 2018

That is an abuse of discretion beyond the scope of her employment. Search should be suppressed.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My prosecutor was indicated on tampering with physical evidence and ingaging in organized crime,can I get another trial

I've did eight years for a crime I didn't commit, Todd co. Kentucky

Timothy Denison
Timothy Denison
answered on Aug 7, 2018

Possibly. Contact the DPA, the ACLU and the Innocence Project and ask them to review your case in light of his indictment.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I have a warrant out for my arrest in West Virginia (unpaid parking tickets). If I get stopped in Kentucky, will a

police officer be able to see this when they run my new license?

Timothy Denison
Timothy Denison
answered on Jul 30, 2018

Possibly so, yes. Really depends on the agency and the county and if they are tied in on the NCIC.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My question is if I spent 3 days in jail on a failure to appear and the original charges were improper container $418.00

$418.00 fine can they put me in jail again get this?

Timothy Denison
Timothy Denison
answered on Jul 30, 2018

Depends on whether you were put in jail for the charge itself or for failing to appear. If it was for fta, they can put you in again to collect the Fine if you don’t pay it. Many times they will credit the time you served for the Fine and costs.

2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: When you are charged with possession of a controlled substance what is the usual sentence given?
Gary Kollin
Gary Kollin
answered on Jul 22, 2018

You do not state the drug, quantity, past record or so much more.

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