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Kentucky Civil Rights Questions & Answers
2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Kentucky on
Q: Do I have to be read my Miranda rights before I'm arrested and handcuffed in Kentucky
T. Augustus Claus
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answered on Sep 13, 2023

In Kentucky, the reading of Miranda rights is generally associated with custodial interrogations, not the act of being arrested or handcuffed. Law enforcement officers are required to provide Miranda warnings when a person is in custody and subject to questioning. These warnings include the right... View More

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2 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Kentucky on
Q: In Kentucky if you are arrested and placed in handcuffs and took to jail and you weren't read your rights what can you d
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

If you satisfactorily prove that you were not read your Miranda rights, any statement you may have made to police after you were arrested ought to be excluded from evidence at your trial. It does not affect the lawfulness of your arrest or whether you will be found guilty based on other evidence... View More

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1 Answer | Asked in Civil Litigation and Civil Rights for Kentucky on
Q: Kentucky. In federal district court can a Plaintiff seek a ruling without seeking money damages?

In state circuit court a clerk refused to file my complaint with IFP in violation of statute and case law. That resulted in my case being dismissed. If I file a fed complaint, will I have to ask for monetary compensation for damages? Or can I ask for just a ruling on whether the clerk violated my... View More

Timothy Denison
Timothy Denison
answered on Aug 25, 2023

In federal court, you can ask for a declaratory judgment without asking for damages.

2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Kentucky on
Q: Kentucky. Can the federal district court review actions by a KY court clerk and judge? Not the case issue, the procedure

Court records prove the clerk received my complaint with IFP fee waiver 7 days before the deadline. The filing was delivered to the judge who held it 4 days past deadline then granted IFP and dismissed it for being filed late. He opined it was my responsibility to ensure it was filed on time. On... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Under the Rooker-Feldman doctrine, the federal court will most likely dismiss such a complaint for lack of subject matter jurisdiction.

Under that doctrine, you need to appeal the state court claim through the state court system and then to the United States Supreme Court. Pursuant to 28...
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2 Answers | Asked in Civil Rights and Criminal Law for Kentucky on
Q: If someone is residing in a motel room, staff calls police due to marijuana odor. Police arrive and staff open door.

The police knocked but the elderly resident (65 yr old woman with 0 priors) is in bathroom and takes longer than they like to answer. Hotel staff key door and allow cops in. First question is this legal? They then found (allegedly in plain view) drugs.

Question 2: resident was visiting for... View More

Leland Hulbert
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Leland Hulbert
answered on Jan 27, 2023

A person does not have a normal expectation of privacy in a hotel room like they would in their own home so the entry in scenario one sounds legitimate. I would contact the police about the missing property. They have more power and resources to investigate and if they end up charging an employee... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: What are the laws on a Speedy Trial in Kentucky?

I have had my trial continued 2 times and it's been drawn out for 2 years. I feel like my right to a speedy trial is being ignored.

Leland Hulbert
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Leland Hulbert
answered on Jan 1, 2023

The right to speedy trial is within 180 days if you’re being held on another case. If you only have one case and you agree to continuances then you’re right to speedy trial is not invoked. You need to talk to your attorney. On circuit court trials they typically take 1 to 3 years. Covid has not... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: What are the laws on a Speedy Trial in Kentucky?

I have had my trial continued 2 times and it's been drawn out for 2 years. I feel like my right to a speedy trial is being ignored.

Timothy Denison
Timothy Denison
answered on Jan 1, 2023

180 days if other cases. You have to make a motion for a speedy trial in the case before the time starts to run.

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1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: I think my son just received a higher charge, because his big brother just served 5 years for a battery.

Youngest son been going back and forth court for 2 years on misdemeanor. Trail date was set for 8th this month. Strange same time his older brother was released charged jumped to a felony. My son and the victim still maintain that what he is being accused of did not happen the way they saying.... View More

Leland Hulbert
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Leland Hulbert
answered on Dec 2, 2022

It’s a little hard to follow your fact pattern but it sounds like you’re saying he was charged with a misdemeanor for two years and then a few days before a trial they moved it up to a felony? That is very rare and sounds strange. It’s possible for them to indict felony charges at any time as... View More

2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Can a prosecutor contest a psychological exam that deems a defendant mentally incompetent to stand trial?

There is an hour long video of the full incident. The defense is pushing for a state of mental distress during that time and saying that a mental health condition caused them to behave that way.

Leland Hulbert
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Leland Hulbert
answered on Sep 13, 2022

Yes. Typically in these type of cases a competency evaluation is performed and once the results are in there is a competency hearing. Both the prosecution and defense argue their position and the judge ultimately decides the issue.

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1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Kentucky on
Q: Can my landlord say she won’t send a maintenance worker to my apartment due to illness?

I emailed my landlord regarding my kitchen sink being clogged and unusable. My landlord emailed me back stating: “We heard you are sick, if this is true pending on the illness I won’t be able to send someone into your apartment.” So, when maintenance comes she doesn’t let them fix my sink.... View More

Timothy Denison
Timothy Denison
answered on Sep 21, 2023

Probably not but the best course is to call her directly, tell her you are not sick and reschedule the sink t repair. Litigation not necessary in this instance.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Health Care Law for Kentucky on
Q: Custody/guardianship

If a relative has been taking your kids to the doctor in place of you but they never needed a note bc they once had temp custody, but I got custody back. They still do that though. Is that allowed? Can they take claim to guardianship? Obviously a care giver of sorts but all of her info is in their... View More

Timothy Denison
Timothy Denison
answered on Sep 16, 2023

No. Take a copy of your custody papers to the dr and explain that the relative doesn’t have possession or custody anymore.

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: I have a Double Jepardy case in Kentucky. I was punished twice for the same crime. I need a lawyer???

I served almost 5 years in prison, won an appeal, it went back to circuit court. They give me a lesser charge. Offered me 3 years at time served. I accepted, & then was made to do 3 years probation. With only a few months left of probation, my Probation officer looked into my file, noticed I... View More

Timothy Denison
Timothy Denison
answered on Aug 28, 2023

You need to have a criminal defense lawyer carefully review the file and see if these allegation can be proven. If so. You may have a case.

1 Answer | Asked in Family Law and Civil Rights for Kentucky on
Q: Do i have a standing case to sue CPS in Kentucky and California for Malpractice, Civil Lawsuit?

Hello I wanted to speak with you if you had time I am putting together some documentation of an issue that I have with CPS in both States Kentucky and California involving my civil rights and malpractice. "Gross negligence and due proces are just two Federal rights and I don't know if... View More

Timothy Denison
Timothy Denison
answered on Aug 13, 2023

Probably not be able to combine both cases unless there is a common nexus. You’ll probably need to sue Ky in Ky and CA in CA.

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Kentucky on
Q: Is it reasonable for a deputy to knock on the door of my residence to conduct a knock and talk after 11:30pm?

After I answered the door and stepped out on my porch I was asked if a man arrested for DUI a mile or so away lived at my house. No was my answer as he didn't live there nor had he been staying there. The man arrested had stopped at my house earlier that day and I knew the man, but he... View More

Timothy Denison
Timothy Denison
answered on Aug 5, 2023

Sounds a bit overreaching but would probably be upheld as legal

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kentucky on
Q: What does felon in possession of a firearm specifically implying? Within arms reach? On his person?

In a residence he is in, but doesn't own that is occupied by others who aren't felons? Riding with someone who isn't a felon? In the home he shares with his son who is not a felon? How far does the unconstitutional nonsense infringe on the freedoms of others? Should he be wearing a... View More

Timothy Denison
Timothy Denison
answered on Aug 4, 2023

All of the examples you gave could qualify as a felon in possession under the statute. Not saying that’s right but that’s the current state of the law. Have you considered expungement as a possible solution to your problem.

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Gov & Administrative Law for Kentucky on
Q: I found out a global organization that I had applied to a while back gave out an I-9 form with all of my info. Help?

I recently found out a global organization based out of Singapore that I had applied to a while back gave out an I-9 form with all of my information to someone else who was applying to the company. Thankfully the woman who received it reached out to me, she said it had my phone number, ssn,... View More

Timothy Denison
Timothy Denison
answered on Aug 2, 2023

There might possibly be but if they’re located in Singapore, be expensive and difficult to litigate. Additionally, it sounds like there are no damages so I probably wouldn’t pursue it.

1 Answer | Asked in Civil Rights for Kentucky on
Q: i was attacked at ceasers indaina by a girl and i was told i wasnt aloud ther anymore for defending myself

when she came into my s[ace i put my arm out sayin g get away from me and she swung on me then i defended myseld myself cause nobody lets someone hit them and do nothing and they evicted me they emarrssed me walking me out for defending myself

Timothy Denison
Timothy Denison
answered on Aug 1, 2023

What is your question?

1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Can I be given 2 different fines for the same charge?

I was told if I got my permit they would be dismissed but I payed the fine and they set me another court date for not having a permit and they fined me another 325 bucks can they do that

Timothy Denison
Timothy Denison
answered on Aug 1, 2023

Yes.

1 Answer | Asked in Libel & Slander, Civil Rights, Communications Law and Constitutional Law for Kentucky on
Q: Need legal representation reputation against a sober living / Transit home in Kentucky

The sober living / Transit home is recovery Plus for women Madisonville, KY

Timothy Denison
Timothy Denison
answered on Jul 21, 2023

Check with your local bar association or legal aid society.

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