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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: Possible outcome?

What is the possible outcome of my current charges wanton endangerment 1st fleeing evading 1st and reckless driving first? Im on ankle monitor and One prior arrest 5 years ago harassment physical contact no injury

Leland Hulbert
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Leland Hulbert
answered on Apr 21, 2023

There are a wide range of penalties with those charges. If you’re still in District Court, there’s a chance you could get a misdemeanor on the cases. If you’ve been indicted in you’re likely to get a felony, and if you’re not a prior convicted, felon, felony diversion would be your best... Read more »

2 Answers | Asked in Criminal Law for Kentucky on
Q: How long do the courts have to indict someone in the state of Kentucky? I know that they have 60 days if your still in

Jail but does that 60 days still apply if you’re out on bond?

Leland Hulbert
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Leland Hulbert
answered on Mar 22, 2023

Typically you have a year to indict under most general procedures of Prosecutor’s offices in Kentucky but you can always charge a felony. There are no statutes of limitations on felonies. There is a one you statute of limitation on misdemeanors but misdemeanors don’t get indicted by themselves.... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: If i got to 1st deg. 1 offense TICS charges and had never been in any kinda trouble before could i get probation

After i go to a 90 day probation

James L. Arrasmith
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answered on Mar 19, 2023

In general, a first-time offender charged with a first-degree criminal offense may be eligible for probation depending on the circumstances of the case. Probation is a form of supervised release that allows an offender to remain in the community under certain conditions and requirements. These... Read more »

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1 Answer | Asked in Criminal Law for Kentucky on
Q: I am on probation and recently became homeless. I applied for a transfer but was denied due to another convicted felon

Living at address. When I contacted my probation officer from other county she said I have 24 hrs to find somewhere else to go. I haven't found anywhere yet. Can she send police to get me or will there be a revocation hearing or what?

Leland Hulbert
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Leland Hulbert
answered on Feb 14, 2023

You need to communicate as much as possible with your probation officer. They may give you a break if you communicate well with them. If they believe you have violated, she could file a report, and then they would be brought before a judge, and he would be entitled to a revocation hearing in the... Read more »

2 Answers | Asked in Criminal Law and White Collar Crime for Kentucky on
Q: Police raid my house without a warrant they kicked in the front door. Then asked if they could do a weapons sweep.

I said they could do a weapons sweep. I guess they took that as they could do whatever. They found a notebook and they are charging me with identity theft. This happened in 2018. They are just now charging me. Can they do that without a warrant. They have no body cam or anything

Leland Hulbert
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Leland Hulbert
answered on Feb 13, 2023

They can charge you with a felony anytime there is no statute of limitations. As far as the warrant issue, they would have to have a lawfully signed warren that they presented to you at the time. It sounds like there are definitely some legal issues with your case. You need to hire an experienced... Read more »

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3 Answers | Asked in Criminal Law for Kentucky on
Q: If my wife has a prior assault charge that’s expunged, can any assault after cause it to be brought up? Even if she lied

Her charge was 3 years ago. She recently filed an EPO and left that part out entirely. I’m wondering why she left that out. Can she be charged again?

Leland Hulbert
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Leland Hulbert
answered on Feb 5, 2023

If you want to ask her questions about it at the EPO hearing, you can attempt to do that to show a previous pattern. If it is officially expunged, no court record should be available on it. You would likely only be able to mention it if she lies about it, or says it never happened.

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3 Answers | Asked in Criminal Law for Kentucky on
Q: If my wife has a prior assault charge that’s expunged, can any assault after cause it to be brought up? Even if she lied

Her charge was 3 years ago. She recently filed an EPO and left that part out entirely. I’m wondering why she left that out. Can she be charged again?

Leland Hulbert
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Leland Hulbert
answered on Feb 5, 2023

An EPO taken out only talks about the facts of something that recently happened. A prior assault charge would not be brought up. An EPO is not a criminal charge. It’s a civil petition that’s taken out by a victim.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: I had a possession of controlled substance charge in Logan County Kentucky. I accepted a plea deal

My plea deal was 3 years probation and no treatment. My public defender told me if I went to trial I would be convicted. After doing some research of my own I have found evidence that I shouldn't even have been charged with possession. Me and one other person were charged with possession but... Read more »

Leland Hulbert
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Leland Hulbert
answered on Jan 29, 2023

You cannot withdraw your plea unless it’s very close in time to the plea itself and before you are sentenced. The only option you would likely have after pleading guilty is what’s called an 11.42 motion. That’s ineffective assistance of counsel. You would have to prove that your counsel made... Read more »

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
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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... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I owe a lot of restitution and I have a showcase court date what does that mean?
Leland Hulbert
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Leland Hulbert
answered on Jan 8, 2023

It is a show cause court date. That is for you to show how much you have paid and in some cases is for you to show that you’ve paid in full. It depends on your case and the terms you negotiated.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: If I have a warrant in Texas for violation of probation, can I get an identification card in Kentucky?
Leland Hulbert
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Leland Hulbert
answered on Jan 6, 2023

You can go to a drivers license division and attempt to get an ID card in Kentucky. I don’t believe they have access to the national warrant system. With that said if you have a warrant out of Texas and you get pulled over for any reason by law-enforcement you could be locked up immediately.

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2 Answers | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: My son is 15 and want to detention center til Monday. He took my car for a joyride. What will they do to him for this?

He was already going to court for smoking pot at school. This time they didn't drug test him to see if he was clean. He is on meds for ODD and ADHD.

Timothy Denison
Timothy Denison
answered on Jan 6, 2023

Likely he will have to answer the charge of unauthorized use of a vehicle. He could be detained by the court, but likely will not be unless he has an extensive juvenile record beyond what you’ve detailed here.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How long does prosecution have to respond after shock has been filed?
Leland Hulbert
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Leland Hulbert
answered on Jan 5, 2023

If a motion for shock is filed the Judge can deny the motion immediately or set it for a hearing. The prosecution does not have to respond but they will likely appear at the hearing and oppose shock probation unless there was a prior agreement.

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2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: My son, who is a juvenile was arrested and I was not notified I had to find him, can I sue
Leland Hulbert
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Leland Hulbert
answered on Jan 2, 2023

It’s not likely that you can sue law-enforcement for juvenile arrest unless the police use excessive force or he was taken to another county or you were not notified for 48 hours or 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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2 Answers | Asked in Criminal Law for Kentucky on
Q: Used cash advance app and did not repay. A few months later, created new account and withdrew another $115.

Can this be held against me legally ? I regret it and plan on paying back but am worried

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Dec 29, 2022

If you have borrowed money from a company, person or app you could be obligated to repay the debt. If this is from a company then they will likely turn your case over to collections and that could negatively impact your credit. I would contact the company and pay the debt,

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2 Answers | Asked in Criminal Law and Identity Theft for Kentucky on
Q: I recently took an attempted theft charge that was in what my lawyer called a "package deal" that I did not commit.

I knew since the day I got arrested for it that somebody had to of used my stolen ID to rent a U-Haul and didn't return it. Finally at court my lawyer says if I want off HIP and my other charges lowered to take the package deal. I never got to see my motion of discovery. She even said that it... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Dec 20, 2022

You never have to take a charge you always have the right to go to trial but if you want to get off Bond or HIP or other restrictions and you choose to plead guilty you give up many rights including the right to go to trial.

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1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: How can someone be arrest on a complaint warrant when it wasn’t the victim that didn’t do the complaint at all. When the

Victim was the one that police came in on and because the detective didn’t get what me wanted from me he turned to my boyfriend and had him arrest 3 months after the fact. The Sheriff’s that came was confused over it and, supposedly the warrant wasn’t signed by a judge either. He spent 78... Read more »

Timothy Denison
Timothy Denison
answered on Dec 11, 2022

An arrest can be made by police in a domestic case based on probable cause determined by the officer. He does not have to witness it or be present. An arrest may also be made upon a warrant issued upon a sworn statement of the police or private citizen. Consult a criminal defense lawyer near you... Read more »

2 Answers | Asked in Criminal Law for Kentucky on
Q: I have a failure to appear warrant in Florida will I be able to get a Kentucky id without going to jail
Leland Hulbert
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Leland Hulbert
answered on Dec 5, 2022

They will not arrest you at the ID place but anytime you’re pulled over you could be arrested for an out of state warrant depending on what the charges are. I think it’s safer to clear that warrant out before you try to get an ID.

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