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Kentucky Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Kentucky on
Q: Ky law i have 60 days to be indicted or released. Is that after arrest or after it is bound over by the grand jury?
Kristin Michelle Russell
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Kristin Michelle Russell
answered on Feb 9, 2018

"...if a defendant has been held to answer, without being indicted, for longer than 60 days from the finding of probable cause pursuant to RCr 3.14(1), the circuit court shall, upon motion, thereupon make an order discharging such defendant from custody; or, if such defendant is free on bail... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I have my wife charged if I gave her money to put into her savings account until I found the best bank.an She spends

She spent the money at the casino without my knowledge or permission

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

No. The money is marital funds. Judges and prosecutors hate getting involved in marital disagreements unless there is domestic violence involved.

1 Answer | Asked in Criminal Law for Kentucky on
Q: 20 yr old charged with MIP after a passenger left unopened beer in vehicle and then pulled over for headlights.

My 20 yr old daughter was pulled over in 12/17 on her way home from a Xmas gathering. She was DD for a group of friends, one of which was 21. The 21 yr old got dropped off, but left 4 unopened beer cans in my daughters car, unknown to her,The officer spotted the alcohol through a hatchback at a... View More

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Do the diversion and volunteer work. You cannot do better than s guaranteed dismissal. She has the right to fight it, but diversionand dismissal is absolutely the way to go to protect a promising medical career.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can a defendant have the CI in his case be required to testify and be cross examined? The CI is currently absconded

The CI is on probation for same offense ge is being used for by the police, the CI was selling drugs at the time he was buying drugs for the police. How is this allowable? Arent law enforcement responsible for their CI to have them uphold the law while in the role of a CI?

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

If you know who the CI is, subpoena him. If you do not know who the CI is, he can only be compelled to testify if the judge orders the prosecution to reveal his identity.

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Military Law for Kentucky on
Q: How do I obtain a letter showing disposition of a past case in Ky?

My girlfriend lives on Fort Knox as a civilian I have passed infractions that were dropped to misdemeanors I have no felonies on my record but Fort Knox is saying that one of them has not been dispositioned in the computers and will not allow me on the army base to visit my girlfriend's home... View More

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Go to the circuit clerks office in the county where the case occurred and ask for a certified copy of the disposition of the case.

1 Answer | Asked in Criminal Law and Employment Law for Kentucky on
Q: My supervisor called me in for a meeting' turns out a disciplinary meeting.

I am sure he had a gun on him and he had a witness on his behalf. He told his side and I told mine. The next day he called me in again also with a witness and gun. I am sure he had one because at break I saw him put it back in his car.I don't agree with the write up but felt I had to sign it... View More

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

If he didn’t threaten you, point or pull the gun at you, or use force or coercion to get you to sign the writeup, a suit may be difficult to win.

1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: How can I be locked up for 6 months in a county jail and only plea guilty to something I didn't do or put a$10,000.00 up

The state police arrested me last year for a drug trafficking charge..I was completely innocent of my charges..i was locked up and confined for almost 6 months because I wouldn't plea for something I had nothing to do with..i stayed in there til the day of my trial..I'm still struggling... View More

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

If the case was dismissed against you, you may have anaction for wrongful arrest. Unfortunately, in the current criminal justice system climate, many innocent people make the decision to plead guilty to something they didn’t do just so they can get out of jail because they can’t afford to post... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: KY: Is it legal to secretly video my 13-yr old son when he spends a lot of time locked in his bedroom?

My son recently has started spending a lot of time alone locked in his bedroom. When questioned he claims he is studying or sleeping but I am suspicious. I am considering putting a hidden camera in his room but I don’t want to do anything illegal.

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

As the owner of the house, you have the right to monitor activities in your own home. As long as you arevmonitoring him for illegal activities and not anything untoward or prurient, you should be fine. You should avoid watching any naked or sexual activity via camera though or you could be cited... View More

1 Answer | Asked in Criminal Law and Personal Injury for Kentucky on
Q: If police lost the police report will that hurt my case for extreme emotional disturbance
Timothy Denison
Timothy Denison
answered on Apr 28, 2018

No. You can depose the officers as to what happened and establish the same facts.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: How likely will it be that my friend’s perp can overturn his sentence?

Her ex stabbed her and almost killed her. He was sentenced to 20 years for “criminal attempt murder” and the KOOL website says that he is to serve 85%. Originally he was charged with attempted murder and assault. The assault charge was to be served at 85% and the attempt at 20%. Now that... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

Both are crimes of violence and subject to the 85% rule. He will not be getting out early by virtue of these charges.

1 Answer | Asked in Legal Malpractice and Criminal Law for Kentucky on
Q: If I found out a search warrant was never legally filed or returned with proof from the court, what should I do next?
Timothy Denison
Timothy Denison
answered on Apr 28, 2018

You should determine where it went and where it is now. You may possibly have a 1983 civil rights action for a warrantless search and seizure.

1 Answer | Asked in Contracts, Criminal Law, Appeals / Appellate Law and Civil Rights for Kentucky on
Q: Does a search warrant have to have receipt and return numbers on them like date filed and returned time and date?

How can I get a copy of the application that requested a warrant to be sealed?

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

Yes. There is an inventory of items seized that the officer fills out. You should hire an attorney to make a motion seeking to unseal the search warrant and affidavit. At some point, it will likely be unsealed.

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Kentucky on
Q: Is possession of marijuana illegal on school grounds even if the person claims that they weren't aware of the marijuana?

For a mock trial in high school class, we represent the teacher who searched the bag and several other random student's bags. We believe there was reasonable cause.

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

There is no criminal offense that is strict liability in Kentucky. You have to have known marijuana was on you and in school. I don't think it is enough to say, "yea, its mine. But, I swear I left it at home with my bong and album cover I use to de-stem my stash."

Being...
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1 Answer | Asked in Criminal Law for Kentucky on
Q: was falsely charged because of the people lying to the judge.can prove that they lied can I Sue for the money it cost
Timothy Denison
Timothy Denison
answered on Apr 28, 2018

If the charge against you was dismissed against you, you may be able to bring an action against them. If you pleaded guilty or were convicted, then the conviction would have to be overturned first.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My friend is in court right now I first offense possession of heroin possession of meth possession of Contraband she

She has them to court twice already what opportunities to hire her own lawyer she does not have one this is the third time so proceedings must go on should she represent herself and plead not guilty?

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

She is entitled to a public defender. Often, and I am mean always, there are private attorneys in the courtroom that day. If you had $250-$500 one would gladly help. The case, if like Jefferson County, would spread out over a long period of time waiting for KSP (Kentucky State Police) to finish... View More

2 Answers | Asked in Insurance Defense and Criminal Law for Kentucky on
Q: Dragging a overdose victim outside. Then calling 911 & leaving that person alone. Is it a crime?

Is this criminal neglect & failure to render aid

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

Probably not, unless you were responsible for the overdose. The more prudent action , of course, would have to call 911 and wait with the person. But, if you were just being a Good Samaritan, you should be fine.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: My daughter was arrested for the first time for theft by unlawful controlled substance,perscription cont sun not proper

Container 1st offense,poss of controlled sub1deg 1st of drug unspecified poss of marijuana,drug paraphernalia buy/posses

She just turned 18 never been in trouble with the law she has a 4.0 grade ave. They post a bond 15000 cash. Did a pretrial judge didn't change anything. I know she... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

Depending on where you’re located, they’re either sending her a message or intending on keeping her in custody, or both.

2 Answers | Asked in Criminal Law for Kentucky on
Q: I was arrested on felony drug charge in Kentucky. I'm I'm currently released on Bond. What happens if not indideted
Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on Dec 29, 2017

Is this a KY case or a MD case? MD depends on how the case resolves. Can’t speak for KY...

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1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: I was sexually abused as a child by my own father. I am now 23. What can I do?

I have fought with the internal turmoil of the sexual abuse I faced as a young child for 12 years. I was 11 when he did it, and there were three incidents of it. My mother didn't know about it, and the only friend I told passed away earlier this year. In light of this #MeToo movement, I have... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

You should find the Crimes against Children Unit in the town where it occurred and report both the offenses against you and your fears for the upcoming potential victims. There is no Astaire of limitations on felonies in Kentucky, so you may still be able to prosecute after all this time.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Sex offender a member of porn sites and posting nudes without consent

Would being a member of porn sites and posting nudes of someone without their consent be enough to send a registered sex offender back to prison?

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

Possibly, depending on the terms if their probation or parole.

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