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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: If a judge accepts a motion does that mean I'm getting out of jail?

My husband has been on hip for 2 months now and been reporting to his PO every Wednesday since he been on hip . He went to report the other day and they drug tested him for the first time and he failed the test and they locked him up . His pd put n a motion to see about getting him back out on hip... View More

Timothy Denison
Timothy Denison
answered on Dec 2, 2023

No. It means that the judge will look at the motion and then make a decision as to whether you’re staying in jail or getting out of jail.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can 2nd degree robbery be amended down?
Timothy Denison
Timothy Denison
answered on Dec 2, 2023

It can be, yes.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My husband is in county jail facing a felony charge. He wasn’t able to pay child support so another county revoked his

probation and sentences him to a year to serve. It is past the six-month point for him to file for shock probation on the revocation. Is there an exception for that time limit

Timothy Denison
Timothy Denison
answered on Dec 1, 2023

No. Notice he didn’t make the motion within six months of being incarcerated.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Just wondering

In the simpliest way possible can u explain exactly what it means for a person to have "standing" and/or to "not have standing" in Ky in relation to searches & seizures and/or contesting invalid search warrants).

Timothy Denison
Timothy Denison
answered on Nov 30, 2023

Standing means a person or persons have the right to challenge certain things, like a traffic stop, search or seizure. Lack of standing means a person or persons does not meet the criteria for them to be able to challenge certain aspects such as a traffic stop, search or seizure.

2 Answers | Asked in Criminal Law for Kentucky on
Q: What happens if there’s a 5 gram drug quantity weight discrepancy between LEO and the crime lab in Kentucky courts

Law enforcement weighed and took pics of drug evidence weighing 9 grams, but when the lab report came back it said there was 14 grams

T. Augustus Claus
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answered on Nov 22, 2023

If there is a discrepancy in the weight of drug evidence between law enforcement and the crime lab, it could have a significant impact on the outcome of a criminal case. In Kentucky, the weight of drug evidence is often used to determine the severity of the crime and the appropriate punishment. For... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Can the prosecutor claim to have evidence proving defendant's guilt and offer plea w/condition to not view said evidence

Prosecutor claims to have video evidence proving guilt. They refused to show the evidence but offered 7 years as opposed to the 10-20 years for alleged crime. They said the offer is only available if defendant doesn't request access to supposed evidence being used against them. If defendant... View More

Timothy Denison
Timothy Denison
answered on Nov 21, 2023

The prosecutor can attach that as an offer to his deal for you to plead but he may not lie to you or your lawyer regarding the evidence or contents.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If the police don't have consent to search a vechile and they search and drugs are found is that a illegal search

Pulled over for not wearing seat belt and driver of vechile got arrested for driving on D.U.I suspended license the driver told the law they didn't have consent to search and the owner of the car also there at the time told the law they couldn't search they searched anyways found dope in the car

Timothy Denison
Timothy Denison
answered on Nov 21, 2023

More facts are needed to answer your question about an illegal search and seizure.

1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: question regarding false imprisonment or wrongful detention

in 2009 when i was 18 years old i was convicted of unlawful transaction with a minor and served a few years in prison. released in 2014 and on probation for 5 years following until released in 2019 from probation. still having to register as a sex offender. in july 2023 i was arrested by the local... View More

James L. Arrasmith
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answered on Nov 18, 2023

I understand your concern about being arrested twice for the same non-compliance issue with the sex offender registry. This situation appears to raise questions about false imprisonment or wrongful detention. It's essential to seek legal representation immediately to address this matter... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: who has the authority to sign off on an affiants signature sayin they swore under oath?

who has the authority to sign off on an affiants signature sayin they swore under oath the AFFADAVIT FOR THE SEARCH WARRANT? Can a "ASST.CO.ATTORNEY" sign off on it. And the date is a day late on the affadavitthat they signed.

Timothy Denison
Timothy Denison
answered on Nov 16, 2023

Whomever is swearing out the complaint or affidavit signs as accident. It can be an assistant county attorney.

1 Answer | Asked in Traffic Tickets and Criminal Law for Kentucky on
Q: I got a ticket because proof of insurance, forgot about court and now have bench warrant and suspended license.

I don't know what to do. My car got taken because it was in my husband's name and we separated.

Timothy Denison
Timothy Denison
answered on Nov 13, 2023

Got to the courthouse. Ask them to seat aside the warrant and give you a new date.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can the whole case be thrown out?

The search warrant wasn't notarized at all but it wasn't signed until the day after the search warrant was already executed and issued.

James L. Arrasmith
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answered on Nov 12, 2023

Based on the details provided, there are good grounds to argue the entire criminal case should be thrown out and evidence suppressed in Kentucky due to an invalid search warrant:

- In order for a search warrant to be valid under Kentucky law, it must be properly signed and sworn to by the...
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2 Answers | Asked in Criminal Law for Kentucky on
Q: If you have trafficking charges and was indicted Then they supersed indict you what’s that mean in ky
T. Augustus Claus
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answered on Nov 10, 2023

A superseding indictment is a new indictment that replaces an existing indictment. It is typically used to add new charges, remove charges, or correct errors in the original indictment.

In Kentucky, a superseding indictment can be filed at any time before the trial begins. The prosecutor...
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1 Answer | Asked in Criminal Law for Kentucky on
Q: How can he be charged? What does he need to do to prove its not his?

My friend was at a friends house doing her tattoo police show up for a fugitive she use to date she lets them walk through they see my friend who's giving her a tattoo and then claimed to smell weed she (owner of the house) says she has weed went to go get it they said no detained both of them... View More

Timothy Denison
Timothy Denison
answered on Nov 9, 2023

Hire the best criminal defense lawyer for him that you can…asap!

1 Answer | Asked in Criminal Law for Kentucky on
Q: If someone claims all the stuff found and then the police convince them to change there answer is that allowed ?

My friend was at a friends house doing her tattoo police show up for a fugitive she use to date she lets them walk through they see my friend who's giving her a tattoo and then claimed to smell weed she (owner of the house) says she has weed went to go get it they said no detained both of then... View More

Timothy Denison
Timothy Denison
answered on Nov 9, 2023

Yes. They can.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I just got a possession charge in ky my 2nd 1 and my 1st ultimately resulted in a diversion with drug monitoring,

And 2 years probation, and I went to jail now on a drug possession now for a 2nd time for the same thing, what can I do to not go to prison for this incident

Timothy Denison
Timothy Denison
answered on Nov 6, 2023

Hire the best criminal defense attorney you can find and let him work his magic.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Kentucky on
Q: KY bond rules say bond must be reasonable. Is $100,000 reasonable for Inmate who worked at Wal-Mart, no priors?

Charges are att. murder, strangulation - no injuries to either 2 individuals. Defendant came home early, concerned about pregnant wife bc the Ring camera was turned off and it never was before, and he worried about a break-in. He found his pregnant wife with another man, and after asking the man to... View More

Timothy Denison
Timothy Denison
answered on Nov 2, 2023

Yes. Thats a reasonable bond given the severity of the charges.

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: In Ky can the law enter a home without a search warrant or consent?
T. Augustus Claus
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answered on Nov 1, 2023

The police can enter a home without a search warrant or consent in a few limited circumstances. One of these circumstances is when the police have probable cause to believe that a domestic violence incident is in progress.

Probable cause means that the police have a reasonable basis to...
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1 Answer | Asked in Criminal Law for Kentucky on
Q: someone was arrested on felony charge but pleaded down to misdemeanor but background checks showing felony how to correc
Timothy Denison
Timothy Denison
answered on Oct 31, 2023

There is no correction bc background checks are not official records of the court. The official record will show it was amended.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Is not wear a condom when the person asked you too illegal in Kentucky?
Timothy Denison
Timothy Denison
answered on Oct 31, 2023

No, but you’ll be very sorry if you have a surprise bundle in 9 months.

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