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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Family Law for Kentucky on
Q: Do you need to have a lawyer for alleged child abuse if you are not guilty and it is in the investigation process?

My husband had already been told by cps that there is a very good chance that they will find him innocent and not even have to go to court.

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Yes. It is very risky to proceed in any case without a lawyer, regardless of guilt or innocence. There is no stickier trap to get caught in than child abuse allegations. You need a lawyer to guide you through this mine field.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can someone be arrested for selling methamphetamine if the person only wrote their name and address down

My brother was arrested yesterday. The police told him a year ago he apparently sold methamphetamine to someone, and this said person just wrote his name and address down only. Is that actual grounds for arrest, seems more like hear say? He lives in the state of Kentucky.

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

If that is the only evidence they have against your brother, I certainly wouldn’t want to try that case. Unless the caught him red handed with meth, that case is going nowhere.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My search warrant has no affidavit attached . Is that legal

Also, I would like to add the Warrants particulars were general signed by trial commissioner

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Yes, so long as the affidavit was presented to and considered by the judge at the time he issued the warrant. The police usually do not give you a copy of the affidavit, only a copy of the search warrant.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My search warrant has no affidavit attached . Is that legal

Also, I would like to add the Warrants particulars were general signed by trial commissioner

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Yes, so long as the affidavit was presented to and considered by the judge who issued the search warrant.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My search warrant has no affidavit attached . Is that legal

Also, I would like to add the Warrants particulars were general signed by trial commissioner

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

A: Yes, so long as the affidavit was presented to and considered by the judge at the time he issued the warrant. The police usually do not give you a copy of the affidavit, only a copy of the search warrant.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My search warrant has no affidavit attached . Is that legal

Also, I would like to add the Warrants particulars were general signed by trial commissioner

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

A: Yes, so long as the affidavit was presented to and considered by the judge at the time he issued the warrant. The police usually do not give you a copy of the affidavit, only a copy of the search warrant.

1 Answer | Asked in Criminal Law for Kentucky on
Q: How much time will I have to spend away from my child, will it be in jail or prison

Detectives and an atf agent came to my house without a warrant, my wife let them in and they could smell weed so they said they could search the house, I told them where I had afew grams and a scale. They were there to tell me I’m being charged with trafficking marijuana under 8 ounces, in a... View More

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Highly unlikely you spend any time in jail. It’s sounds like a misdemeanor possession at best to me.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I have a PO. On the PO, my old employer's address is listed. Can my ex go there, even if I don't work there anymore?

I haven't worked there in three years. PO isn't updated, so I'm curious if he's still allowed to enter there, even though I haven't worked there in years and I live in another state.

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Yes. Unless he is or was prohibited from going there. Not sure why he would want to but there’s nothing illegal about him going there.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can one single areast make me a persistent felony
Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Mar 18, 2018

Yes and No. If you have two qualified prior felony convictions then you would be PFO 1. You qualify the felony convictions in that to count for Persistent Felony Offender you have to be over 18 at the time of committing the felony. If they are separate felonies then they can only enhance once... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: I had a misdemeanor charge for possession of marijuana. I'm eligible for expungement but...

I had a misdemeanor charge for possession of marijuana. I'm eligible for expungement but... I don't know what agencies to include on the expungement form. I'v been putting this off too long, and the people at the courthouse say they can't tell me.

Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Mar 2, 2018

The clerks have a set of agencies which are written down and suggested for you. Depending on the arresting agency, say Louisville Police Department, LMPD. LMDC, KSP and AOC and CHFS. They don't normally include KSP, because they run the epungements, but I do.

I also place in the...
View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Kentucky on
Q: Can you get in legal trouble for messaging someone on facebook?

Hello. I met a woman at a coffee shop, and found her on facebook. I remembered her name. I asked, very politely, if she would be willing to talk more. I also found her e-mail from facebook, and sent her an e-mail as a lot of people don't check their facebook messages. I intentionally worded it... View More

Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Mar 4, 2018

Of course. If I write "I am going to kill you," or "I am going to kill John Doe," this equates to terroristic threatening. Terroristic threatening can be delivered by anyone not the utterer. Another words someone else can read it and relay the message. It does not dilute the... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: can a commonwealth attorney and a county attorney agree not to file charges against a law enforcement officer?
Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Yes. After consideration of the evidence ( or lack thereof), if they do. It feel they can get a conviction with what they have, they can decide not to charge or if he’s already been charged, decide to not prosecute and dismiss. It is within their prosecutorial discretion.

1 Answer | Asked in Criminal Law and Car Accidents for Kentucky on
Q: I was involved in an accident w/ no ins.that caused damage to another vehicle can I appear in court online I have moved

Too a different state what can I do

Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2018

Usually can't appear online. You return and face the music. Suggest you get a consult with an attorney as you can have big issues.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Kentucky on
Q: Does my ex husband prove that he is following all court orders before my daugter gets to live with him?
Timothy Denison
Timothy Denison
answered on Apr 18, 2018

He either proves he has or you prove he isn’t. If he’s not compliant with the court orders, that will likely impact what the judge does in allowing him to see this daughter.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Has there ever been a case where someone has been given a pretrial diversion for a manslaughter or murder charge

We know two people who got a Pre trial diversion for their crime that should not have and the one done broke her pre trial diversion and got a slap on the wrist. We're trying to find out if there have ever been any cases where a pretrial diversion was given on manslaughter homicide or murder... View More

Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Mar 2, 2018

Not manslaughter or murder, but reckless homicide probably. Manslaughter one and two in Kentucky are Class C and Class B felonies, respectively. Pretrial diversion is available only for Class D felonies in Kentucky. That would make it a Reckless Homicide.

1 Answer | Asked in Criminal Law for Kentucky on
Q: a misdemeanor: receiving stolen property under $500 in 2013. 2 years unsupervised probation. When can it be expunged

Can it be expunged in 2018, 5 years after it happened? Or in 2020 5 years after probation?

Kristin Michelle Russell
PREMIUM
Kristin Michelle Russell
answered on Feb 9, 2018

"...no sooner than five (5) years after the completion of the person's sentence, or five (5) years after the successful completion of the person's probation or parole, whichever occurs later." KRS 431.073.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Pled not guilty to misdemeanor shoplifting charge. Out on $1500 bond. If convicted can i give bond money instead of jai
Timothy Denison
Timothy Denison
answered on Apr 18, 2018

You most likely will receive a suspended sentence without having to do any jail time. The maximum fine on a class A misdemeanor is $500. Whether that is included as a sanction is something to be worked out at the pretrial conference with the prosecutor.

1 Answer | Asked in Business Law, Construction Law, Criminal Law and Federal Crimes for Kentucky on
Q: Is it against the law to ask someone to commit federal fraud?

I am a contractor on federal grant funded project and the owners ask me to falsify time sheets and and give them free labor and cabinets on a kitchen remodel at his house.

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Yes. That is against the law. Don’t do it.

1 Answer | Asked in Entertainment / Sports, Criminal Law, Education Law and Personal Injury for Kentucky on
Q: HS Basketball coach made my son switch his shorts with another players shorts that had blood on it during a game.

Is that legal, exposing him to someone else's blood like that?

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

Not prudent but not criminal unless the blood was infected, the Coach knewcor should have know it was infected, and intended harm to your son.

1 Answer | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: If a teenager runs from an independent living facility at age 17. Would they still be charged with anything as an adult?
Timothy Denison
Timothy Denison
answered on Apr 18, 2018

They certainly could be, depending on the severity of the crime.

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