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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Traffic Tickets for Kentucky on
Q: Last Thursday I was pulled over for expired tags on my husband's van. Then the cop said my license was suspended.

The cop wrote a warning and told me to park the van. I went back to park the van but there was no place to park. There was an adjacent lot and one space which I attempted to park in.He pulled me over and arrested me while he was screaming at me. I called to find out the problem but the DL says they... Read more »

Leland Hulbert
Leland Hulbert answered on Jan 14, 2021

In the state of Kentucky there are multiple reasons a license can be suspended. Failure to appear in court, failure to pay court fines, failure to pay child support etc. There may be something old that has your license suspended but if the Kentucky department of transportation says it is active... Read more »

1 Answer | Asked in Child Custody and Criminal Law for Kentucky on
Q: Sent my teen to military school. They came home and got right back into drugs.. should i emancipate them? Need help

I've called police to try to remove people from my home because of drug use and activity while I'm at work. Can't get help from the police without leaving work and risking my job. I do have 2 othe kids to support. Military school didn't seem to help, should I just emancipate... Read more »

Timothy Denison
Timothy Denison answered on Jan 11, 2021

Yes, unless teen is will to go to inpatient treatment.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Will my pocession charges be dismissed since I overdosed and the overdose immunity law was violated?
Timothy Denison
Timothy Denison answered on Jan 11, 2021

Depends on the County and Court.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: What are the reasons why a home placement would be denied by probation and parole?

Me and my girlfriend have a history of domestic violence. The domestic violence order has expired. My conditions of parole do not apply to her. Can we live together?

Timothy Denison
Timothy Denison answered on Jan 10, 2021

The history of domestic violence in snd of itself is sufficient for PO to deny it. It doesn’t matter if the DVO has expired nor does it matter that no contact was not a condition of your parole. It is strictly s subjective judgment call by your PO.

3 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for Kentucky on
Q: My car was vandalized, rammed by the vandals and drove away after I blocked their path. Can I sue?

I was sitting in my car when two guys shot at my car with a paint ball gun. They were unaware I was in the car at the time and drove into a nearby fast food deive thru. I yelled at them to apologize for what they did and when they rejected that, I blocked them in the drive thru. They then rammed my... Read more »

Anna Aleksander
Anna Aleksander answered on Jan 10, 2021

You can file a claim with their insurance company. You can also sue them. Contact a personal injury lawyer.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Will my parole officer allow me to live with girlfriend?

I'm on parole in Kentucky. We had a previous domestic incident in 2016. I was convicted of domestic violence against her. I had a DVO put on me. That DVO expired 2 years ago. We are allowed to have contact and she has no felonies or criminal history. Do you think my parole officer would... Read more »

Timothy Denison
Timothy Denison answered on Jan 8, 2021

Possibly. You’ll have to ask the PO.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Is it possible that my parole officer will let me and girlfriend live together?

I'm on parole in ky. She had a DVO put on me in 2016. The DVO is expired. The DVO expired 2 years ago. She has no felonies or criminal history. We are allowed to have contact. I'm on parole for a crime not related to this.

Leland Hulbert
Leland Hulbert answered on Jan 7, 2021

I’m not aware of anything that prohibits you from having contact with someone where a DVO is expired. Unless it was renewed, there is not a current enforceable court order.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can my charges of pocession of herion be dismissed before my court date because I was charged after I overdosed

I overdosed in my car and somebody called parmedics and they Narcan me and police search me after that and charged me with pocession. Thought Overdose Ammunity Law kept charges from being made on a overdose.

Timothy Denison
Timothy Denison answered on Jan 3, 2021

Probably not, especially in Lexington. Talk to your lawyer and see if he can convince the prosecutor to help you.

2 Answers | Asked in Criminal Law for Kentucky on
Q: What should I do before my court date in March if charges can be dismissed because I overdosed.

Pocession charges were made on me after I overdosed. How can I get them dismissed because of the Overdose Ammunity Law

Leland Hulbert
Leland Hulbert answered on Jan 2, 2021

Hire an attorney and they should be able to talk to the prosecutor and get the case advanced to an earlier date.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Can my pocession of herion charges be dismissed because of the Overdose Immunity Law?

I overdosed in my vehicle and parmedics were called and Narcan me and then the police search me and got me for pocession.

Leland Hulbert
Leland Hulbert answered on Jan 2, 2021

Under most circumstances yes but it depends on the facts. Here is the law..

to KRS 218A.133. That statute reads:

(1) As used in this section:

(a) “Drug overdose” means an acute condition of physical illness, coma, mania, hysteria, seizure, cardiac arrest, cessation of...
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2 Answers | Asked in Criminal Law for Kentucky on
Q: My daughter is charged with shoplifting under $500 with no prior offenses. How should she plea at her arraignment?

She is on medication for bipolar disorder and had forgotten her medication that day. She was experiencing a mental health episode. She has never been in trouble EVER and is terrified.

Leland Hulbert
Leland Hulbert answered on Jan 1, 2021

At arraignment Defendants plead not guilty about 95% of the time on misdemeanor and felony cases. The prosecutor could make an offer at arraignment to settle the case but typically they will want to subpoena the witness from the store and then make an offer on the second court date.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: What does 'SHOW CAUSE DEFERRED/INSTALLMENT PAYMENT' mean?
Matt Schalk
Matt Schalk answered on Dec 31, 2020

You were ordered by the court to pay costs, fines, fees, restitution, etc., which is to be paid before a specific date. You must comply with that order or appear in court to explain why payment has not been made.

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1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Kentucky on
Q: I was made to do probation (recently completed) after accepting time served(their mistake). Can I get my fees back?

I done 3 years in prison, won appeal, original crime i accepted 3 years probated. Making it time served. They were supposed to have counted every day served but didn't. After serving the probation I realized I shouldn't have had to do, can I get my fees back and be compensated for serving... Read more »

Timothy Denison
Timothy Denison answered on Dec 29, 2020

No.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Two people with a previous charge were both on probation. Within the pfo laws they both were later in the same vehicle

And stopped. they were both charged with receiving a stolen fire arm by convicted felon one was charged and sentenced to probation or 5 for 5. The other was hit with a pfo but both charged with the same thing when arrested.

Leland Hulbert
Leland Hulbert answered on Dec 21, 2020

I don't understand your question. Are you asking why PFO was charged for one person and not the other? It may have to do with the length of time that has passed since their prior felony. The prosecutor has discretion to enforce the PFO or dismiss it or use it to help negotiate a plea deal.... Read more »

2 Answers | Asked in Contracts, Criminal Law and Legal Malpractice for Kentucky on
Q: I had a lease agreement for a storage unit that I had payed forward 2 months ahead. The owner of the unit broke into it

And got rid of it all. I had over $75,000 worth of everything I owned and bought over the past 23 years. I was not notified what so ever, I found out a week later when I drove there to get a few things out I needed and nothing was there anymore.. What can I do about it because that building was... Read more »

Timothy Denison
Timothy Denison answered on Dec 18, 2020

Hire a lawyer and sue the storage owner for theft, fraud, conversion, etc.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: plead guilty to a pre-trial diverson felony criminal mischief, i believe the damage was a lot less.

the property owner just gave the prosecutor a dollar amt no estimate was asked for. I do not feel the public defender did her job in finding all the facts out. this could have easily been a misdemeanor. I am having difficulty securing employment because of the felony

Timothy Denison
Timothy Denison answered on Dec 18, 2020

Doubtful the plea can be set aside but you are not a convicted felon under a diversion agreement.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Can B felon get HIP
Timothy Denison
Timothy Denison answered on Dec 15, 2020

Not likely but depends on charge.

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2 Answers | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: I'm trying to get a identification card.. will the dmv check for warrants in Kentucky

It's a bench warrant for failure to appear I didnt no I had

Timothy Denison
Timothy Denison answered on Dec 14, 2020

No. They won’t.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Is possession of methamphetamine less than 2 grams a felony?
Matt Schalk
Matt Schalk answered on Dec 14, 2020

Yes

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