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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 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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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 »

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 Child Custody, Divorce, Family Law and Civil Rights for Kentucky on
Q: Video recording car / child transfer.

I support a lady from my church with driving for her daughter's transfer in KY state. The girl is around 4 years old. The place is at a gas station and close to the police station. The father is always video recording (usually places his cellphone on his shirt pocket with the lens facing... Read more »

Timothy Denison
Timothy Denison
answered on May 30, 2023

Let the mother report it to her legal counsel.

1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: I allowed myself to contact you because I wanted to clear out some questions that I had if you don't mind

I allowed myself to contact you because I wanted to clear out some questions that I had if you don't mind. You seem to be the correct person to ask this.

If, online, someone says : "karma comes, it applies to everyone" or just mentionned the word karma without adding anything... Read more »

Timothy Denison
Timothy Denison
answered on May 21, 2023

No. Without more, that statement or word “karma” is not a threat.

1 Answer | Asked in Civil Rights for Kentucky on
Q: Hey, my high-school didn't follow my 504 plan, is that illegal?
Timothy Denison
Timothy Denison
answered on May 4, 2023

Depending on the facts and circumstances in your case, failure to follow a 504 plan could be a violation of the Americans with Disabilities Act. Consult an ADA or civil rights attorney to flesh out Exactly where your case falls.

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Kentucky on
Q: Question regarding property, nursing home medicaid, and eviction.

A older person with very little SS income has a home with a mortgage and possibly no equity if sold. She gets married and moves in with spouse. She gets brain cancer and ends up in a nursing home for rehab. Spouse pays 30 days stay to try and get her medicaid eligible in meantime. Lawyer says gotta... Read more »

Timothy Denison
Timothy Denison
answered on May 3, 2023

If the home is not in her name, it can possibly be transferred since there is no equity in it. If the hone is in her name, if you can show Medicaid there is no equity, they might possibly start paying. If not, the house will likely have to be sold and the renters will have to buy it at sale.

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Kentucky on
Q: What To do when CPS nor anyone else informed you of your first four court hearings.

CPS lied literally lied in court concerning the entire petition. I've never been in trouble before yet they gave temporary custody to my ex whom has been banned for 6 months once from the kids he's Ben in jail alot as to rehab yet I've never been n jail never failed a drug screen but... Read more »

Timothy Denison
Timothy Denison
answered on May 2, 2023

Hire a civil rights attorney and sue everyone involved.

2 Answers | Asked in Personal Injury, Civil Rights and Education Law for Kentucky on
Q: What can I do?

Child has been hit in face, bullied and called racial names by same child at school..Can the child's parents be held liable or the school?

Timothy Denison
Timothy Denison
answered on Apr 27, 2023

You need to consider suing the parents and the school.

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1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Can the cops keep coming into my home without finding anything/anyone, there is no search warrant.

I live in a small town in Kentucky, my ex had trouble with the law quiet a bit but not me…. He moved out an went his own way years ago…. They came with a warrent once an detained me but never found anything or him… an I keep telling them he isn’t hear. They have came non stop for years... Read more »

Timothy Denison
Timothy Denison
answered on Apr 25, 2023

No. You do not. No search warrant = no search. Don’t let them search without a warrant.

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Kentucky on
Q: What can I do if the CPS worker an her police husband have clearly been actively harassing my family and my neighbors?

Just found out that an investigation has been opened and I have been summoned to court over a active chfs case in Kentucky that was alleged against my fiance dropping my son off and my neighbor finding him sleeping behind a dumpster as a neglect and abuse case. However my neighbor, has been adamant... Read more »

Timothy Denison
Timothy Denison
answered on Apr 19, 2023

Hire a civil rights attorney and sue them

Both.

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Domestic Violence for Kentucky on
Q: My fiancee faces Felony Strang. after cops illegally entered my home. Prosecutor wants me to build a case. I said no!!

1 officer let himself into my home through 2 doors & a flight of stairs! I had called 911 & hung up to scare my husband.

The cop opened my front door & chased my husband down. I stood there in shock. A few minutes later, another officer arrived & told me to put my dog up so... Read more »

Timothy Denison
Timothy Denison
answered on Apr 12, 2023

Hire the best criminal defense attorney for your husband that you can find.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Kentucky on
Q: Any suggestions?

My case has been frilious and I've had my constitutional rights violated throughout removal, Evan before. Depndecy, neg.,abuse trail court I was appointed counsel w out my knowledge. Court automatically bias by not giving me the opportunity to hire a private attorney. I was denied to hire... Read more »

Timothy Denison
Timothy Denison
answered on Apr 9, 2023

Your situation sounds like virtually all of the other CPS CASES IN Kentucky. Hire a civil rights attorney

1 Answer | Asked in Civil Litigation, Civil Rights and Sexual Harassment for Kentucky on
Q: Hello my question is who do you go to when you're having a problem with being a lesbian.

9Being a lesbian fem non-bisexual that is being violated in my apt by a neighbor who is a Hermaphrodite that will not stop. Please I need some type of advice because the Hermaphrodite is really harassing me and taunting me.

Timothy Denison
Timothy Denison
answered on Apr 6, 2023

Take the sex/sexual orientation out of the equation (which is irrelevant) and you have a harassment case. Go to your local county attorney and take a criminal complaint against the person or persons harassing you.

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: As a convicted felon, am I able to carry any sort of self defense weapons? ie... stun gun, pepper spray. No firearm!!

I live in a high crime area and have been nearly assaulted before! I don't know how else to defend myself since I can't carry a firearm.

Timothy Denison
Timothy Denison
answered on Apr 3, 2023

Yes. You can carry all those things but no guns, firearms, or any type weapon that expels a projectile.

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: Do I have a fed civil case against a KY Cir Clerk and Court?

I filed an appeal in a KY Circuit Court from an agency. The complaint was received 7 days before deadline and given to the judge. The judge held the document until it was 4 days late then dismissed for being filed 4 days late. The clerk did not file the case on arrival as required by KY law and did... Read more »

Timothy Denison
Timothy Denison
answered on Mar 28, 2023

Most likely not. Judge has absolute immunity and the clerk has qualified immunity

1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: On pretrial deferment (checking in once every three months through an app) can my husband have a firearm In the home

Thank you for your time

Timothy Denison
Timothy Denison
answered on Mar 22, 2023

No. Not during the diversion period. (Possession of a firearm during diversion can result in him

Being charged as a felon in possession).

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Kentucky on
Q: What can I do to prove that I've ask 7 times in a year for a new case worker and they have denied me everytime.

My social worker has been apart of 3 of my kids dad's family all 3 of his sisters had the same worker I do.

Timothy Denison
Timothy Denison
answered on Mar 20, 2023

Have your lawyer file a motion to remove the social worker for a conflict of interest.

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