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Kentucky Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: How much time am I facing for leaving a halfway house on ankle monitor but have not cut it off

I left cts Russell in Louisville Kentucky on hip program but have ankle monitor on still

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answered on Feb 28, 2024

It depends on the specifics of your case, but here is some general information that may be helpful:

- Leaving a halfway house without authorization is usually considered escape or absconding supervision. This can result in new criminal charges.

- The fact that you still have the...
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Kentucky on
Q: Can personal property be seized without a warrant? Is it legal to obtain a search warrant after the fact? ( like weeks).

Can evidence if any be used againt a person if Miranda Rights were not read before seizure of personal property? Law enforcement is trying to use my personal property for someone to obtain evidence in someone else’s legal matters, is this legal and orderly steps to seize property?

James L. Arrasmith
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answered on Feb 28, 2024

In general, law enforcement typically needs a warrant to seize personal property, unless certain exceptions apply, such as exigent circumstances or consent. Obtaining a search warrant after the fact, especially weeks later, could raise legal questions about the validity of the search and seizure.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Kentucky on
Q: Has my sons civil rights been violated for making a statement about an observation and getting suspended for it

He did not break any rules or disrupt any activity, he and I were told by administration that it hurt the teachers feelings by his statement “ linking up on the down low “ after he witnessed the teacher and a student do a handshake secretively

James L. Arrasmith
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answered on Feb 26, 2024

Determining whether your son's civil rights have been violated involves understanding the specific circumstances of the situation and the application of relevant laws and school policies. Generally, students have the right to free speech, but this right can be balanced against the... View More

1 Answer | Asked in Criminal Law, Consumer Law, Civil Rights and Public Benefits for Kentucky on
Q: how would i go about filing criminal charges against ky. dcbs ensuring claims made against dcbs are fully investigated

how would i go about filing criminal charges against ky. dcbs office in such a way as to ensure that any claims made against that dcbs office are actually investigated as they should be and not just ignored or swept under the rug or tried to be turned into anything other than the actual criminal... View More

James L. Arrasmith
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answered on Feb 24, 2024

To initiate a process against the Kentucky Department of Community Based Services (DCBS) for alleged criminal violations, including potential civil rights violations under "color of law," you would typically start by documenting all relevant incidents, including dates, times, and... View More

1 Answer | Asked in Criminal Law, Consumer Law, Civil Rights and Constitutional Law for Kentucky on
Q: how would i go about filing criminal charges against ky. dcbs ensuring claims made against dcbs are fully investigated

how would i go about filing criminal charges against ky. dcbs office in such a way as to ensure that any claims made against that dcbs office are actually investigated as they should be and not just ignored or swept under the rug or tried to be turned into anything other than the actual criminal... View More

James L. Arrasmith
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answered on Feb 24, 2024

To pursue criminal charges against the Kentucky Department for Community Based Services (DCBS), you should start by gathering any evidence or documentation related to the alleged misconduct. This could include emails, letters, or records of interactions with DCBS officials. Additionally, it's... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: police were told not to enter my property and they entered anyway they were told to leave several times and refused. I

i told them several times to leave the property and then i said get the f**k off my property, they broke through a secure gate to arrest me on my porch for disorderly conduct was my 1ST and 4TH amendment rights violated

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like there may have been a potential violation of your Fourth Amendment rights against unreasonable searches and seizures if the police entered your property without a warrant or probable cause. Additionally, if you explicitly instructed them to leave your property multiple times and they... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Kentucky on
Q: What do I do if the local sheriff's department is violating my rights?

Local sheriff's department kicks in the front door of a friend of mines home while she was not home and her landlord was not present. My friend comes home to find her door kicked in, house ransacked, and a note that said, "sorry we missed you, sheriff's department." Then the... View More

James L. Arrasmith
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answered on Feb 24, 2024

If the local sheriff's department kicked in the front door of your friend's home without a warrant and without her being present, it could potentially be a violation of her Fourth Amendment rights against unreasonable searches and seizures. Additionally, arresting your friend the next day... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Kentucky on
Q: Can someone name people's names on an assault 4 case and to add restraining order for people who wasn't even there

This girl is trying to add Hispanic which is my sister's boyfriend who she wants as her boyfriend adding him on a restraining order and he said he didn't want no part of but she said her attorney is handling it so he didn't have to be there she's just writing his name without... View More

James L. Arrasmith
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answered on Jan 30, 2024

In cases involving restraining orders, the individual seeking the order can request that certain people be included in the order. However, typically, there needs to be a reasonable basis for including each person. This usually involves demonstrating to the court that the person named poses a threat... View More

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Civil Rights for Kentucky on
Q: I have concerns about harassment from my Ex -Husband and his wife. Divorce occurred 11/2016.

He is already on his second marriage past ours. His current wife sent downgrading, belittling text messages at all different hours and times of day night. Not including or limited to 4:02 am, midnight Am/PM, etc. My ex husband did and does yeh same thing. Started really bad October 2022, in May... View More

James L. Arrasmith
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answered on Jan 22, 2024

Dealing with ongoing harassment from an ex-spouse is a difficult and distressing situation. It's important to take steps to protect yourself. Since you've already sent a cease and desist letter and the harassment has continued, the next step may be to consider legal action.

In...
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2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for Kentucky on
Q: I've had my spinal fluids sold,situation is what I can explain is like a reality TV show ran by ex girlfriend whatdoido

Having your consciousness uploaded online decoded by algorithms to speech, interfaced to 2 virtual reality stadiums, and one Facebook studio. The general public was able to log in to the one (incases the other) These people wrote there own code like a platform then connected this to me to this is... View More

James L. Arrasmith
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answered on Jan 21, 2024

I'm truly sorry to hear about the distressing situation you've described. It sounds like a severe invasion of privacy and potential criminal activity. In such complex and unusual circumstances, it's crucial to take immediate action to protect your rights and well-being.

First...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Kentucky on
Q: was arrested for reciving stolen prop.500<1000 on jan 9th i did a couple nights in jail and went court on the 11th

My bond was reduced on the 11th and i boned out Go back to court in morning the 18th last night same cop that arreste me pulled me over and said to me that if i dont sitch on a friend of mine for drug that he would change the chargers i wa arrested for to make it a fenlony what i was arrested for... View More

James L. Arrasmith
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answered on Jan 18, 2024

If a police officer threatened to change your charges as a way to coerce you into providing information on someone else, this raises serious legal and ethical concerns. Law enforcement officers must adhere to legal and procedural standards when conducting investigations and making arrests.... View More

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2 Answers | Asked in Criminal Law, Constitutional Law and Civil Rights for Kentucky on
Q: Are cops allowed to search your house without u being present

If cops show up and im not home are they allowed to still kick the door in ans search the place

James L. Arrasmith
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answered on Jan 10, 2024

In the United States, law enforcement generally cannot search your house without a warrant or your consent if you are not present, except under certain specific circumstances. The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. Typically, a search... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: I feel like my right to a speedy trial has been completely ignored. charged 8 years ago and still no indictment

Charged with Felony theft in 2015 case was bound over to grand jury in district court (Kentucky). To this day, case has not been presented to grand jury for indictment. Charge appears on background check and im certain it has kept me from being hired at more than one job that I applied for and was... View More

James L. Arrasmith
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answered on Jan 5, 2024

Your concern about the delay in your case is understandable. The right to a speedy trial is a constitutional right, but the interpretation of what constitutes a "speedy" trial can vary based on the circumstances of the case.

In Kentucky, if your case has been bound over to the...
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3 Answers | Asked in Civil Rights, Contracts and Health Care Law for Kentucky on
Q: I was wondering if a pain management office is acting illegally/did an illegal action.

I was discharged as a patient from a pain management office after them telling me that a previous pain management specialist I saw administered a steroid shot wrong and I told them in the portal that I spoke to lawyers for advice but no lawsuit/case was created. It was maybe 1-2 months after I was... View More

James L. Arrasmith
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answered on Dec 27, 2023

In Kentucky, your situation raises questions about patient rights and medical records access. If you were discharged from a pain management office and subsequently lost access to your patient portal, it's important to understand your rights regarding medical records.

Under the Health...
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3 Answers | Asked in Civil Rights, Contracts and Health Care Law for Kentucky on
Q: I was wondering if a pain management office is acting illegally/did an illegal action.

I was discharged as a patient from a pain management office after them telling me that a previous pain management specialist I saw administered a steroid shot wrong and I told them in the portal that I spoke to lawyers for advice but no lawsuit/case was created. It was maybe 1-2 months after I was... View More

Tim Akpinar
Tim Akpinar
answered on Dec 27, 2023

You have the right to see your records. Contact the office and find out why there's a glitch in accessing your records through the portal. If it's not in their control, ask them for a contact in the medical records vendor if there is one - some offices outsource their medical records... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Kentucky on
Q: Can I request a judge to quickly rule on a single motion for Writ of possession, or will I have to file a civil lawsuit?

I have belongings at my girlfriends house and she wont give the rest of my stuff back. If I ask her to let me get my stuff she'll say I'm harassing her, and thats nowhere near the case. We broke up last weekand she brought much of my stuff outside.

I had new items inside her... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Kentucky, retrieving your belongings from an ex-partner's property can be a delicate legal matter. If amicable resolution attempts fail, you have a couple of legal options to consider.

Firstly, you could file a small claims action if the value of your belongings is within the small...
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1 Answer | Asked in Civil Rights, Divorce and Family Law for Kentucky on
Q: Is my realtor giving my phone number to my ex after being asked not to a privacy violation?

I am going through a divorce and the marital home is for sale. When hiring the realtor, I asked that my number not be given to my soon to be ex husband, due to previously changing my number because of harassment by him. I was verbally promised my number would never be shared with him or disclosed... View More

James L. Arrasmith
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answered on Dec 9, 2023

In your situation, where your realtor shared your phone number with your ex-husband despite a verbal agreement not to, it could potentially be considered a violation of your privacy. The key issue here is the promise made by the realtor and whether it can be legally enforced.

Verbal...
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1 Answer | Asked in Civil Rights for Kentucky on
Q: is it legal for a police department to keep a police report from me as a parent my daughter got shot an killed

there reason was KRS.61.878(1)(i) is it legal

James L. Arrasmith
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answered on Dec 5, 2023

In Kentucky, under KRS 61.878(1)(i), there are circumstances where a police report can be withheld from the public, including from family members. This provision allows for the nondisclosure of records if their release would harm an ongoing investigation or lead to the disclosure of details that... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Q: is it legal for a police department to not give a police report to me as the parent ?KRS.61878(1)(i) my child died
James L. Arrasmith
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answered on Dec 5, 2023

Under Kentucky law, including KRS 61.878(1)(i), there are certain circumstances where a police department may withhold a police report, especially in cases involving an ongoing investigation or where the release of information could compromise the investigation. However, as the parent of a deceased... View More

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1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Kentucky on
Q: I live and previously worked for hotel 8 months can they just fire me and call police and make me leave without eviction

I have worked as on site maintenance at woodspring suites hotel for 8 months , they refused to pay me any overtime, will not pay me for on call time , which I have been on call every other day from clock out till 8 am next morning and not allowed to leave the property during this time. I have now... View More

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answered on Nov 24, 2023

In your situation, there are a few key legal issues to consider. Firstly, regarding your employment and unpaid overtime, you have rights under labor laws. Since you mention being on call and not being paid appropriately, you might have a claim for unpaid wages. It's important to document all... View More

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