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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Traffic Tickets, Family Law and Child Support for Kentucky on
Q: I missed a traffic court date after being released from jail on own recognizance my charges are driving on suspended

And failure to wear seatbelt I previously owed a court fine of $250 but wasn’t able to pay it before this time. If I redocket the court date how likely am I to be arrested in court? I am currently involved in an child support issue also concerning back support and missed court date. What are my... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

You need to hire a lawyer to redocket both asap and try and limit your exposure. You can be punished for being behind on support and the custodian can be punished for breaking the court order, but they are separate and distinct issues independent of each other.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can a person plead guilty after being found incompetent in court?

My sister plead guilty the first day she went to circuit court. A week or so earlier in District court, she was declared incompetent to stand trial. She had 3 different public defenders throughout her case in District and Circuit (2 in District, 1 in Circuit). The case began when cops came to... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

No. If she has previously been found incompetent to stand trial, the subsequent plea should be null and void.

1 Answer | Asked in Criminal Law for Kentucky on
Q: husband is in jail in princeton ky charged with 218A.1412. same arrest in 2006 any hope on him getting out

arrested on dec 4. cop said they saw the sale and had the conversation. he had nothing else on him except for 1000$ which he is disable and had just recieved his disabilty check on friday the 1st. we have an autistic son who is not taking this well.

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

Possibly. You need to consult an experienced criminal defense attorney in your area to address the bond issue.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If a convicted felon is found with a stolen firearm in Kentucky what charges and time is he looking at? Pfo?
Timothy Denison
Timothy Denison
answered on Apr 28, 2018

1-5 years on the underlying charge, possibly bumped to 5-10 on a pfo2 and 10-20 if a pfo1.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can a felon be arrested if the take a alford plea on a criminal mischief charge for shooting someone's vehicle?

Person didn't do. Think it was retribution for attempting file charges against the plantiff son.

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

If the sentence has not been agreed on, the answer is yes.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If someone got arrested for drug trafficking in ky but it was less than 4 grams & no field test can it be thrown out?

My estranged husband was arrested for drug trafficking about a month ago in Ky. He says it was less than 4 grams and he was in a friends car. The drugs were on his side of the car but not on his person. Also he said the police did not do a field test on the drugs. Are any of these things reason for... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

They can still prosecute him without a field test.

1 Answer | Asked in Criminal Law and Business Law for Kentucky on
Q: Can a 501c treasurer be charged with theft of company property (e.g. checks and financial records as well as PO box key,

blank checks, income and expense documents, check registers, invoices and bank statements. If so, where would we look in the KRS for applicable statutes?

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

Yes. KRS 514.030.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If someone is accused of a crime can the case be dropped if the supposedly victim tries to see the inmate in jail?
Timothy Denison
Timothy Denison
answered on Apr 28, 2018

No. The decision as to whether the case can be dropped is made by the prosecutor, not the purported victim.

1 Answer | Asked in Criminal Law for Kentucky on
Q: How long can local police keep family heirlooms in custody without prosecuting the robber? Been over 4 years now. :(

My grandma's house was broken into a couple weeks after her death. Most of her jewelry was stolen, all of which was listed in the Will to her family members. The robber was caught and the police reclaimed the items. It's been over 4 years and they still have not brought a case against the... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

Hire a lawyer in your town to discuss this with the prosecutor. If the robber was caught, there should be a prosecution. If there is not going to be a prosecution, the prosecutor can direct the police to release the evidence.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Do I qualify for indulgence and I have a court hearing in KY but no way from Indiana to go

I am on a interstate compact transfer I live in Indiana now I am low income I have 5 children I'm having hard time paying fine and I owe 1900 I also have court hearing in KY but have no way to KY for hearing can AZ public defender represent me if I'm not there

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

Not necessarily, no. You may qualify if you don’t own any real estate, don’t have any savings or anything else of value (such as a car), but theCourt will make the determination.

1 Answer | Asked in Criminal Law for Kentucky on
Q: can I own a gun after a pretrial diversion?

I was put on pretrial diversion in 2000 and completed my probation in 2005. No trouble since. I’m not sure if the charges are still showing on my record

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

You should hire a lawyer to convert the diversion to a dismissal, then expunge it from your record in 60 days. That being said, if you haven’t been convicted of any felony since the diversion, you can own a gun after diversion.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I’m wondering if there is a time frame that a prosecutor has to file charges before the case is dropped?
Timothy Denison
Timothy Denison
answered on Apr 28, 2018

No. On a misdemeanor, it has to be charged within a year. There is no statute of limitations and hence no time frame on a felony.

1 Answer | Asked in Criminal Law for Kentucky on
Q: To have a felony expunged, is the wait period 5 years from the conviction date or 5 years from when the fine was paid?

I wasn't on probation or parole after my conviction cause of credit for time served, I just had to pay my restitution

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

In your case, with no probation or parole following the conviction, it would be five years from date of conviction.

1 Answer | Asked in Family Law, Child Custody and Criminal Law for Kentucky on
Q: My 14 year old daughter ran away from foster care with a 37 year old man. Can I issue an amber alert?
Timothy Denison
Timothy Denison
answered on Apr 28, 2018

Yes. Notify the authorities and everyone who will listen.

1 Answer | Asked in Family Law, Child Custody, Criminal Law and Domestic Violence for Kentucky on
Q: My dad hit me but no one believes me what should I do?

.

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

Report it to your school authorities and Call the crimes against children unit and CPS unit in your town and report to both as well.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can you be charged with a gun that is not reported in a police report?

My husband was pulled over and arrested for a dui and they took my gun. They didnt charge him with it nor mention it in the police report.

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

Have his lawyer demand the return of the gun to you from the prosecutor. If not, call the sheriffs department for your county and report it stolen to them.

1 Answer | Asked in Criminal Law, Divorce and Social Security for Kentucky on
Q: I have a vehicle registered /titled/insured in my name only. My wife took it and my key and won't return it what do I do

She has no drivers license and she has someone else driving her around in it. Is there a way to get my car back? Is it legal for her to do that? We are getting a divorce are currently separated and there is an epo against me. She has also stolen my social security check before I could get to it... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

Apply for a lost title for the car. Then take the title with the vin number and your I’d to the dealership and have them make you a new key. Then go repossess or hire someone to repossess your car. Also make sure that you are not violating the dvo or any family court orders before you do so.

1 Answer | Asked in Family Law and Criminal Law for Kentucky on
Q: My son is 19 and his girlfriend is 17 and he got her pregnant. Can he get in trouble?
Timothy Denison
Timothy Denison
answered on Apr 28, 2018

Probably not. They are very close in age.

1 Answer | Asked in Criminal Law for Kentucky on
Q: What is the law in Kentucky about a felon owning ammunition? Not a firearm just bullets and shells.

I have a felony but I want to stock pale ammunition.

Timothy Denison
Timothy Denison
answered on Apr 28, 2018

Generally, ammunition is considered in the same vein as weaponry and could still lead to a charge of felon in possession of a firearm.

1 Answer | Asked in Criminal Law, Civil Litigation, Communications Law and Internet Law for Kentucky on
Q: Have a friend who dated a woman online, found out she’s married with two kids. She’s in Connecticut, he’s in Kentucky.

Is it possible he could get in trouble for telling her husband that she was in multiple relationships online on a phone app? Could my friend go to jail for coming clean to the husband of hers?

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

No. The truth is a defense and the lesson is be careful who you associate with.

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