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Kentucky Civil Rights Questions & Answers
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... Read more »

Leland Hulbert
PREMIUM
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... Read more »

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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... Read more »

Timothy Denison
Timothy Denison
answered on Jan 27, 2023

The entry is probably legal bc of the smell of marijuana but the disposition of her property is clearly not legal. She needs to hire a lawyer and sue Ramada.

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1 Answer | Asked in Education Law, Civil Rights and Health Care Law for Kentucky on
Q: What rights does the school have to call my child’s doctor to ask information about appointments, missed appointments

My child is on home hospital due to him being sick a lot. I found out that the school called my sons doctor questioning the home health reason and asked when his appointment was and the doctor openly told them that we decided that it may be beneficial for my son to see a therapist the doctor openly... Read more »

Timothy Denison
Timothy Denison
answered on Jan 26, 2023

None whatsoever. Absolutely none.

1 Answer | Asked in Criminal Law, Employment Law and Civil Rights for Kentucky on
Q: can an employee sue a supervisor for getting his car towed from the Hotel workplace, Lexington, KY, Hotel parking lot

the supervisor claimed he received a notice (he cannot produce said claimed notice), from the city telling him the car had to be towed from the hotel parking lot bec. it had a lot of stuff in the car.

in the meantime, said employee is lying in the hospital from a severe stroke, (August,... Read more »

Timothy Denison
Timothy Denison
answered on Jan 4, 2023

Theoretically, yes, but you could easily spend more money than it might be worth, depending of the $ of damages involved.

1 Answer | Asked in Business Law, Civil Rights and Libel & Slander for Kentucky on
Q: Can I sue an OT for accusing me of doing something I didn't do?

I am a recovering addict and I was accused of dropping drugs in the public bathroom that I and every other addict used that day in the clinic. Mind you I screen as part of treatment in front of someone and you would think something would been said if it was there then? Now I know for fact they... Read more »

Timothy Denison
Timothy Denison
answered on Jan 2, 2023

You would likely spend more money out of pocket than you would recover pursuing this bc there are very limited damages.

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
PREMIUM
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... Read more »

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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.... Read more »

Leland Hulbert
PREMIUM
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... Read more »

1 Answer | Asked in Civil Rights for Kentucky on
Q: After arrest how long is it before pretrial services interviews defendant and sets bail
Timothy Denison
Timothy Denison
answered on Nov 28, 2022

Generally 3-6 hours but can be as long as 12-24 hours

1 Answer | Asked in Civil Rights for Kentucky on
Q: I was just told its not legal to have 150 or more county prisioners sleeping on the floor, what can be done about it?
Timothy Denison
Timothy Denison
answered on Nov 3, 2022

One of the prisoners can file a lawsuit over the overcrowding.

1 Answer | Asked in Civil Rights for Kentucky on
Q: my friend is in the county jail it was made to house 140 people at the moment it has over 340 sleeping on floors

and blocking emergencey exits, is this legal?

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

No. It is not legal.

1 Answer | Asked in Civil Rights for Kentucky on
Q: If an immate was left in a holding cell overnight restraint and accidently use the bathroom on himself

Also there was no supervision and no bathroom and noone came after him as he was just left and forgotten about what constitutional right is violated here

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

Doubtful anyone would pursue because there are no real damages.

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Kentucky on
Q: In Kentucky, is there a law suit for failure to indict, when after 60 days, you're not indicted & left sitting in jail??
Timothy Denison
Timothy Denison
answered on Nov 1, 2022

No. On the 61st day, your lawyer should be moving for your release from custody.

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
PREMIUM
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 Civil Rights and Constitutional Law for Kentucky on
Q: Can I sue? Got pulled over, police tried to get me to consent search. I said no, had to wait about 2 hours for k9 .

K9 did not smell anything. All this without probable cause.

Timothy Denison
Timothy Denison
answered on Sep 11, 2022

Technically, you probably can sue. But practically, it doesn’t appear you have any damages so the recovery would be minimal if any.

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: If someone steals a grave and places a headstone for spouse do they have a right to bury their spouse beside them ?

I discovered new graves & headstones AFTER I purchased my farm. There is no reservation of a cemetery or mention of any graves in my Deed. Isn't this a violation of my Constitutional Rights? I don't live on this property and I wasn't aware of any of the burials. Do they have a... Read more »

Timothy Denison
Timothy Denison
answered on Aug 31, 2022

No, it’s not a violation of your civil rights. However, if the graves aren’t properly registered, you can probably have the bodies exhumed and moved off your property.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Kentucky on
Q: Can a person request access to all documentation/evidence pertaining to current charges from recent arrest?

A friend was arrested last week and is still in custody. Court is 8/30, and we need to get a court appointed lawyer, she does not have money to pay for private representation. Can she have access to the arrest report and any other documentation or evidence pertaining to that arrest before going to... Read more »

Timothy Denison
Timothy Denison
answered on Aug 28, 2022

Yes. They can ask for all the evidence.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Kentucky on
Q: How does an inmate obtain: 1. a court appointed lawyer (no Income) 2. Arrest report, evidence, etc

A friend was arrested last week, is still in custody. Court set for Tuesday, (8/30/2022). She was charged w/traffic violations that she's guilty of, and won't dispute. The other charges are:

1. tampering with physical evidence

2. possession of meth (1st offense)... Read more »

Timothy Denison
Timothy Denison
answered on Aug 28, 2022

She can ask for court appointed counsel at her first appearance or arraignment. Then her lawyer can ask for the discovery (evidence) after being appointed.

1 Answer | Asked in Personal Injury and Civil Rights for Kentucky on
Q: I need an attorney to file a claim for violation of rights and mental distress at the Christian County KY jail.

I was detained in isolation "the hole" without cause, with no contact, phone calls or access to legal representation for 6 days. I was not given so much as a cup to drink water from the filthy sink. I was repeatedly denied the ability to pay the cash bond, despite having ample funds in... Read more »

Timothy Denison
Timothy Denison
answered on Aug 18, 2022

Contact your local bar association or legal aid society. They maintain lists of civil rights attorneys in your area who may be able to help you.

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