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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Mentel health issues and strangulation charges
Timothy Denison
Timothy Denison
answered on Sep 23, 2022

What is your question?

1 Answer | Asked in Criminal Law for Kentucky on
Q: There was a search warrant for my home and me. They pulled me over and searched my car. They took money and weed.

No tickets. Not arrested and have not been indictided. Is this legal. On search warrant where it says vehicle N/A was in the spot.

Timothy Denison
Timothy Denison
answered on Sep 15, 2022

Yes. This is legal.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My boyfriend is less than 6 months from serve out and we don't know why he hasn't been released on mandatory reentry

Mandatory reentry supervision in Kentucky. He has no write ups or anything.

Timothy Denison
Timothy Denison
answered on Sep 14, 2022

Could be any number of issues. A quick call to the parole board might answer your questions.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Could someone that is not aware of epo be arrested in court once they are served if they haven’t violated epo?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Sep 13, 2022

They can only be arrested in court if there were prior orders in place on another case or a previous EPO. If they are just being served with the paperwork and had no knowledge of the restrictions they cannot be arrested for only violating those restrictions.

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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.

Timothy Denison
Timothy Denison
answered on Sep 13, 2022

Yes. The prosecutor can contest any piece of evidence.

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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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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Kentucky on
Q: Can a person go to jail for an epo/dvo if they didn’t violate and if they didn’t get served
Timothy Denison
Timothy Denison
answered on Sep 13, 2022

No. Not if you have not been served.

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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Kentucky on
Q: Can a person go to jail for an epo/dvo if they didn’t violate and if they didn’t get served
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Sep 13, 2022

If they were never served at all then they had no notice of the restrictions. If they have a prior EPO or DVO that has restrictions in place and they violated a warrant can be issued for their arrest based on a new criminal charge of violating an EPO/DVO. An EPO or DVO by itself is a civil case but... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: Is answering your door with a gun in hand illegal
Timothy Denison
Timothy Denison
answered on Sep 13, 2022

No. It is not.

1 Answer | Asked in Criminal Law and Traffic Tickets for Kentucky on
Q: Was pulled over and found to have had no license. First ever recordable offense. Would I be able to ask for leinency?

As stated above I had got stopped originally because my license ate wasn't lit up. But after the officer found out I didn't hold a license I was booked. This is my first ever recordable offense on my record and I just am wondering if it was possible to ask for leniency from the judge on... Read more »

Timothy Denison
Timothy Denison
answered on Sep 11, 2022

If you get everything corrected, you’ll probably just be looking at a $50 fine and court costs or similar.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Is there any way for me to find out the names of all of the officers that were present the night my fiance was arrested?

The arresting officer lied in his police report, and then again on the stand during the preliminary hearing. One of the lies he told was that he and one other officer were the only ones there the night my fiance was arrested. That is not the truth. There were at least ten and possibly even more on... Read more »

Timothy Denison
Timothy Denison
answered on Sep 11, 2022

Your fiancés lawyer should be able to obtain all that info through discovery snd open records requests.

1 Answer | Asked in Criminal Law, Federal Crimes and Probate for Kentucky on
Q: In Kentucky is someone eligible for shock probation if they get caught for trafficking meth and probation violation.

Serve their time then get released, just to get hit with 10 probation violations for felony offences? Let's say hypothetically if someone Had a friend get caught for trafficking meth first offense first degree and a probation violation. He served about two years on that, then was released. A... Read more »

Timothy Denison
Timothy Denison
answered on Sep 6, 2022

Impossible to say for certain but the likelihood is greater that he’s talking than just getting lucky breaks.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If somebody sees me smoking meth on my property and calls the cops can I be arrested? Even if they don't find anything

I just wanted to know if I were to be on my front porch and I happen to be smoking meth out of a meth pipe and somebody sees it and calls the cops on me and the cops show up but they don't find the pipe or any drugs on me can I still be arrested?

Timothy Denison
Timothy Denison
answered on Sep 6, 2022

Most likely not. They can’t prove what you were smoking or that it was even an illegal substance.

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: how do i ho about getting someone in trouble for making a false child neglect report on me?

a girl make a fake report on me and i had no idea until a military police scanned my ID and it was flagged and they had detained me and wouldnt tell me why. they then two hours later said the report was "cancelled" and that they could tell it was a false report and they would take care of... Read more »

Timothy Denison
Timothy Denison
answered on Sep 3, 2022

You can file a civil suit against the person who made the false statements for slander and libel.

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.

2 Answers | Asked in Criminal Law for Kentucky on
Q: There are court fees my fiancé can’t pay off for probation. Can we work with the court to pay them off?

He is supposed to get off probation in January. We live in the state of Kentucky and due to finances paying them off has been hard. Is there anyway we can work with the courts to pay them off.

Timothy Denison
Timothy Denison
answered on Aug 27, 2022

Yes, but he will remain on probation until paid in full.

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1 Answer | Asked in Car Accidents, Criminal Law and Traffic Tickets for Kentucky on
Q: I got 2 misdemeanor in Feb 2021 for driving and wrecking my car during a snow blizzard, could I get this off My record

In feb of 2021, I had to go to the store because I had no food at home, and I saw other people drive on the rose so I thought it was safe to go out, and on the way back I slid off the road and was in a self accident with nobody else involved, when somebody showed up to help me the called 911 and... Read more »

Timothy Denison
Timothy Denison
answered on Aug 19, 2022

If you plead guilty to them in 2021, you should be able to expunge them from your record in 2026.

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