Lawyers, Answer Questions  & Get Points Log In
Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and Civil Litigation for Kentucky on
Q: Accepted a no restitution plea deal, but at sentencing the judge changed it. Is that allowed

Dui/ passenger injured. Accepted a 2nd degree assault but misdemeanor dui.

Timothy Denison
Timothy Denison answered on Jul 1, 2020

Yes. The judge has the authority to add any conditions he deems appropriate.

1 Answer | Asked in Criminal Law for Kentucky on
Q: How long after the pre-trial is the actual trial?
Timothy Denison
Timothy Denison answered on Jun 29, 2020

Varies widely. Usually 2-5 months.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Are first hand witnesses required to attend a trial? Minors or adults?
Timothy Denison
Timothy Denison answered on Jun 28, 2020

If they’ve been subpoenaed, yes!

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can you testify as a witness at a trial if you weren't asked to? Or does someone need to request that you testify?
Timothy Denison
Timothy Denison answered on Jun 28, 2020

The prosecutor or defense will decide Who they want to testify and subpoena them.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If a minor is a witness, will they be forced to attend the trial?
Timothy Denison
Timothy Denison answered on Jun 28, 2020

Yes, but they will be sequestered outside the courtroom until time for them to testify.

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: How many trials does it take to determine if someone is guilty or not if they are being charged with 1st degree assault?
Timothy Denison
Timothy Denison answered on Jun 27, 2020

You only get one trial absent some error.

2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: If someone is charged with first degree assault but it was in self defense, will their charges be lowered or drop at all

The person being charged was threatened death and then hit with a belt across the back, they responded by hitting the other with a hammer to the head (was on neither persons property, both were men in early 60s with same height and weight of 200lbs)

Matt Schalk
Matt Schalk answered on Jun 27, 2020

Self defense it’s just that, a defense. It may be used as a negotiating tool to lower the charge, or it can be used as a defensive strategy at trial.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: A person threatens to kill someone & hits them w/ a belt, then the victim hits the other w/ a hammer. Who gets charged?

It occured on neither of their properties, and the person with a hammer didn't provoke them at all. The belt-wielding man came with the belts in hand ready to use, with many (realistic) death threats. The second man only pulled out the hammer after being hit. (they didn't bring it for... Read more »

Matt Schalk
Matt Schalk answered on Jun 27, 2020

It is possible that both could be charged either with a felony or a misdemeanor. That would be up to the investigating officer and/or the prosecutor to decide.

View More Answers

1 Answer | Asked in Criminal Law for Kentucky on
Q: hello i am from kentucky and am wondering if a minor could carry a m3 knife from world war 2 openly/concealed
Timothy Denison
Timothy Denison answered on Jun 24, 2020

No, bc the blade length can not exceed 4 inches.

2 Answers | Asked in Criminal Law for Kentucky on
Q: In the state of ky what am I facing for a first violation on felony probation (5year). Violation is failure to report.
Brent Cox
Brent Cox answered on Jun 22, 2020

Your worst case scenario is being revoked and given your 5 years to serve. However, your attorney might be able to negotiate something better than that. Good luck!

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: Kids vandalized

My daughter and a friend of hers decide to make a poor choice and vandalized a house,and old barn. What could happen to them if someone had video tapes and pull it. They are 17 and 15 what would the worst thing to happen to them and what do I need to do

Matt Schalk
Matt Schalk answered on Jun 22, 2020

It would depend on the amount of damage and the criminal charges levied. Juveniles that commit higher felonies can be tried as adults. I doubt this would be one of those cases. My guess, and it is only a guess, is that if they are first time offenders they may be looking at some detention but... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Family Law for Kentucky on
Q: 7 year old daughter is physically and verbally violent, destroys our apartment, mainly her room, homicidal/suicidal

My 7 year old daughter is physically violent, verbally violent, self harms by headbutting windows, broke her bedroom door in half, threatens to kill us (detail of how too) and wants to kill her siblings (ages 10, 5, 2) and her cousin (age 11). Runs away, wants to get hit by a car. One of her run... Read more »

Timothy Denison
Timothy Denison answered on Jun 17, 2020

Pressing charges won’t accomplish much. You should have her evaluated at Central State and look into having her committed to an institution.

1 Answer | Asked in Criminal Law for Kentucky on
Q: 1 0011130 THEFT OF PROPERTY LOST/MISLAID/DELIVERED BY MISTAKE
Timothy Denison
Timothy Denison answered on Jun 17, 2020

What is your question?

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: If someone has an indictment how long do the police have to arrest you?
Timothy Denison
Timothy Denison answered on Jun 15, 2020

Indefinitely.

1 Answer | Asked in Criminal Law for Kentucky on
Q: A friend in me broke down on the side of the road in front of a barn can we be charged with trespassing

Why we didn't touch anything I spoke to the people in the home and they let us get water from a water spicket right up the fence line from the barn and they gave us an aluminum pop can to try to make a lid for the radiator a cap for the radiator we did not touch or take anything

Timothy Denison
Timothy Denison answered on Jun 1, 2020

No.

2 Answers | Asked in Criminal Law for Kentucky on
Q: My girlfriend has a DVO against her ex husband. He is violent and unpredictable. Lately, we have noticed him lurking.

He strolls through the parking lot of our apartment and sometimes even knocks on the door. We never hesitate to call the police. He was jailed for such behavior a few weeks ago and still persists. He has no reason to be on our end of town. He doesn't drive, so he walks all the way... Read more »

Matt Schalk
Matt Schalk answered on May 25, 2020

I would suggest moving.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: Im 15 in KY my dad gave me alcohol now theres a CPS case. Will he go to jail???
Matt Schalk
Matt Schalk answered on May 20, 2020

It is possible that he could be charged with a crime. If he plead guilty or was convicted by a jury it is possible he would be required to serve some amount of time in jail.

View More Answers

1 Answer | Asked in Criminal Law for Kentucky on
Q: What’s going on

I have been charged with terroristic threating 1st degree against my job while I was at work i was in good standing with my job I left my phone in the break room somebody emergency dialed 911 to report that they heard from someone else that there was a bomb in the building I was arrested for the... Read more »

Matt Schalk
Matt Schalk answered on May 20, 2020

You should speak with experienced criminal defense attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.