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Kentucky Criminal Law Questions & Answers
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.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If I move to South Carolina will South Carolina arrest me on a pending felony charge for kentucky
Timothy Denison
Timothy Denison
answered on Oct 31, 2023

If there is a warrant for your arrest out of Kentucky, yes.

1 Answer | Asked in Criminal Law and Election Law for Kentucky on
Q: I received an election mailer called FREE THE VOTE. This is from FICPFM an advocacy organization for convicts.

I am a law abiding citizen and don't like the postal people seeing the implication that I'm not. Any information on what to do.

Timothy Denison
Timothy Denison
answered on Oct 31, 2023

Write them a letter and ask to be removed from their mailing list.

2 Answers | Asked in Criminal Law for Kentucky on
Q: My cousin got released from jail the jail calls 5 hrs later and says they made a mistake and let him out 5 days early

She let them know he was headed out of town to work that she would message him they told her if he don't turn his self in within a few hrs they would issue a warrant after they released him and he couldnt get back that quick it's there fault how can they charge him

T. Augustus Claus
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answered on Oct 26, 2023

In Kentucky, if a jail mistakenly releases an inmate early and later realizes the error, they can request the inmate to return to custody. If the inmate doesn't comply, the jail may issue a warrant for their arrest. While the mistake was made by the jail, the responsibility for returning to... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: I caught 2 possession charge cocaine within a couple of months apart. I have not been in trouble in over 12 years.

What Will the outcome be in court?

Timothy Denison
Timothy Denison
answered on Oct 27, 2023

Most likely probation, depending on your prior criminal record.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Landlord filed felony criminal mischief against me lease signed 5yrs ago this law was passed 1 year ago does itapply2me

When I signed lease there was nothing say I ng I could be charged with this at all

Timothy Denison
Timothy Denison
answered on Oct 25, 2023

Depends on the terms of the lease you file and how that squares with the new statute. More info is needed to properly answer your question.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If u accept a plea agreement can u apply for an appeal if u feel u wasn’t represented the way he should have.

It was a murder case. If granted an appeal can more time be given to him than what he has now.

Timothy Denison
Timothy Denison
answered on Oct 14, 2023

No. You cannot appeal. However, what you describe is actually an ineffective assistance of counsel motion CR 11.42 in state court and a 2255 in federal court. You can file this motion.

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: first thing is if someone has a clean record and is indicted secretly also now as been told they have a warrant and

and judge already set a bond of 10000 without being served etc. charged with engaging in organized crime. what is the chances of getting bond lowered if they know they cant pay that amount. and or how long can they keep them in jail for if they cant afford that bond amount

Timothy Denison
Timothy Denison
answered on Oct 13, 2023

If you have no record, the bond may very well be lowered. Criminal syndicate charges are very difficult to make. You could be held in jail until the case is resolved, but that is not likely.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Need to make my adult sons beneficiary to collect and send all discovery while I'm incarcerated and register online. How

I will be incarcerated and be assigned a PD, but I'll need to have all discovery sent to me for the best chance to win this case. Where online, for KY, can I draw up, have notarized and then register with the state so my son's can act on my behalf without me having to be present and can... View More

Timothy Denison
Timothy Denison
answered on Oct 11, 2023

There are any number of form databases on line where you can create a power of attorney in favor of you son.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If no statute of limitation of felony, while out on bond.. then, how could the case ever get dropped?????

Could my lawyer file a motion for dismissal??

Timothy Denison
Timothy Denison
answered on Oct 7, 2023

A felony may be brought at any time, regardless of when it occurred. No. Your lawyer cannot file a motion to dismiss.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Kentucky on
Q: Will a process server from a sheriffs officer arrest you if you have a bench warrant?

I’ve known about the bench warrant for a month now and am just now able to come up with the cash to get it paid for and the community service complete that goes along with it. I came home today and noticed a Process Server from our local Sheriffs department had left a note to call them on my... View More

Leland Hulbert
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Leland Hulbert
answered on Oct 6, 2023

Yes. A sheriff can arrest you. If you call them and ask them what it’s about they’re not going to know where you are and you don’t necessarily have to follow their instructions to turn yourself in. My advice would be to borrow funds and pay the bench warrant.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Is it possible to obtain body cam footage from an arrest in kentucky as a non resident who isnt involved in said arrest?
Leland Hulbert
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Leland Hulbert
answered on Oct 5, 2023

It is possible for you to file an Open Records request. Louisville Police are veryslow in replying to these. So basically, you can file an Open Records request for 911 call and body cam but it’ takes time. It is. Supposed to be within three days, but that rule is often violated.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: How do you request your case to be dismissed at arraignment for felony charges when you are given an advocate?

Charged with a felony of wanton endangerment because during self defense of a threat to my life I fired a shot into the ground to scare away my threat

Timothy Denison
Timothy Denison
answered on Oct 5, 2023

You’ll have to wait until at least the probable cause hearing to request a dismissal. No such thing is going to happen at arraignment.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Felons that have guns

If you know someone who has a gun and is currently on felony probation, how would you go about reporting them?

Timothy Denison
Timothy Denison
answered on Oct 1, 2023

Call their probation officer or the police.

2 Answers | Asked in Criminal Law for Kentucky on
Q: When you are waiting on an indictment is it 60 regular days or 60 business days?

My boyfriend last had court on September 13. What’s the last day that they have to indict while still being in custody? I’m just not sure if it’s 60 days straight or 60 business days.

Timothy Denison
Timothy Denison
answered on Sep 28, 2023

60 regular days.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Kentucky on
Q: If I get pulled over for a traffic violation can a k-9 search the inside of my vehicle without cause or my consent?

And call for female officer to search?

Timothy Denison
Timothy Denison
answered on Sep 29, 2023

No. Not without your consent or a search warrant.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If I stole a car in ky and got caught in indiana can they charge me twice even tho I didnt flea anyone
Timothy Denison
Timothy Denison
answered on Sep 24, 2023

The charges could be just different enough to charge you in both states if they wanted, yes.

2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Kentucky on
Q: I have a bench warrant & need to renew my license in Campbell Co. I've secured insurance since. Will I be arrested?
T. Augustus Claus
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answered on Sep 22, 2023

If you have an active bench warrant against you, you run a significant risk of being arrested if you go to a government office like the DMV to renew your license. Bench warrants are usually entered into a statewide database accessible by law enforcement, including the officials who work in DMV... View More

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