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Kentucky Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Kentucky on
Q: If you read in the paper you was indicted but never served and the incident happened over 2 years prior to the indictmen

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James L. Arrasmith
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answered on May 19, 2024

If you read in the paper that you were indicted but never served, and the incident occurred over two years ago, you should take immediate action. Begin by checking the accuracy of the indictment notice. Contact the court or legal authority mentioned to confirm if the indictment is valid and to... View More

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1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Kentucky on
Q: Is DCBS compelled to overturn a substantiated finding if the related court case was dismissed and expunged?

If the charge of Endangering the Welfare of a Minor Child is dismissed from court and expunged, is DCBS compelled or required to overturn a substantiated finding of Abandonment & Supervision Neglect concurrent with the same incident referred to in such case?

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answered on May 1, 2024

When a court case involving charges such as Endangering the Welfare of a Minor Child is dismissed and expunged, it doesn't automatically mean that the Department for Community Based Services (DCBS) must overturn a substantiated finding of Abandonment & Supervision Neglect. These are two... View More

2 Answers | Asked in Criminal Law, Family Law, Constitutional Law and Juvenile Law for Kentucky on
Q: Does a substantiated DCBS case for Abandonment & Supervision Neglect automatically place me on the Child Abuse Registry?
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answered on May 1, 2024

When a case involving abandonment and supervision neglect is substantiated by DCBS (Department for Community Based Services), it's understandable to be concerned about the implications, such as being placed on the Child Abuse Registry. The impact of a substantiated case can vary based on... View More

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Child Custody and Constitutional Law for Kentucky on
Q: Is DCBS required to notify me of a substantiated case finding against me?

I have just been informed by a potential employer that my name is on the Child Abuse Registry, apparently due to a substantiated DCBS case filed against me 5 years ago for Abandonment & Supervision Neglect. DCBS never notified me of this substantiation and never attempted to remove my child... View More

James L. Arrasmith
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answered on May 1, 2024

If you have discovered that your name is on the Child Abuse Registry due to a substantiated case by DCBS (Department for Community Based Services) that you were not previously notified about, it's important to address this issue directly with DCBS. Generally, agencies are required to notify... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Is this legal?? I was bonded out and told to call about my court date I already had another warrant

I had an indictment that I had never been arrested on. My Bond was 5,000 cash. I it was out in three and a half hours. I was told to call about my court date because they didn't have a court date for me yet. When I called the next day that afternoon the lady that answered the phone said that... View More

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answered on Apr 13, 2024

Based on the information you've provided, it seems there may have been some misunderstanding or miscommunication between the court and the jail regarding your release and court date. It does not appear to be legally appropriate for a warrant to be issued for your arrest if you were not... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I convicted of receiving stolen property on a atv but I’ve got proof that I done a vin check and it’s registered me?

I have proof of the vin check that was done before i purchased it I had a notorized bill of sales I have a notorized statement from the notary that notorized the bill of sale when i purchased it and I took that bill of sale and now it’s registered in my name and I have a clear title that’s in... View More

James L. Arrasmith
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answered on Apr 7, 2024

Based on the information you've provided, it seems unlikely that you would be convicted of receiving stolen property if you have clear evidence showing you performed due diligence before purchasing the ATV and have properly registered it in your name. However, the specific details and strength... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: About ATF without a warrant

Would I be justified in using the threat of deadly force (i.e. drawing a gun and telling them to hit the floor face down while I call the police) if ATF agent(s) forced their way into my house without a warrant? I don't expect this to happen, ever, but given the number of videos about the ATF... View More

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answered on Mar 28, 2024

It's crucial to understand that employing deadly force against law enforcement officers, including ATF agents, is highly risky and could lead to severe legal consequences, even if they enter your home without a warrant. Law enforcement agencies have specific protocols for conducting searches... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Q: Can police have your probation revoked?

I have a friend in Kentucky who is on probation. This friend was pulled over for excessive tenting and speeding 7 mph over. My friend informed the officers that he is in probation and the officer told him that he was not on probation, they also aggressively asked him to become an informant for... View More

James L. Arrasmith
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answered on Mar 13, 2024

While police officers can report probation violations to the probation officer or the court, they generally do not have the direct authority to revoke someone's probation. That decision is typically made by a judge during a probation revocation hearing. Here are a few key points to consider:... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: My friend is in jail. They were bonded (ROR)on all charges except court fines and fees. The jail said the would get jaI

Credit starting today to pay those fines. But that I could not pay the fine for them to be released. Is this true? I don’t believe it to be accurate. I can go online and have the ability to pay because I started too. Could they really still hold him?

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answered on Mar 3, 2024

In some jurisdictions, individuals in jail can receive credit towards their fines and fees by serving time, known as "jail credit." This can be an option for those who are unable to pay the financial obligations imposed by the court. However, the specifics of how jail credit applies can... View More

1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: How much time am I facing for leaving a halfway house on ankle monitor but have not cut it off

I left cts Russell in Louisville Kentucky on hip program but have ankle monitor on still

James L. Arrasmith
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answered on Feb 28, 2024

It depends on the specifics of your case, but here is some general information that may be helpful:

- Leaving a halfway house without authorization is usually considered escape or absconding supervision. This can result in new criminal charges.

- The fact that you still have the...
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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Kentucky on
Q: Can personal property be seized without a warrant? Is it legal to obtain a search warrant after the fact? ( like weeks).

Can evidence if any be used againt a person if Miranda Rights were not read before seizure of personal property? Law enforcement is trying to use my personal property for someone to obtain evidence in someone else’s legal matters, is this legal and orderly steps to seize property?

James L. Arrasmith
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answered on Feb 28, 2024

In general, law enforcement typically needs a warrant to seize personal property, unless certain exceptions apply, such as exigent circumstances or consent. Obtaining a search warrant after the fact, especially weeks later, could raise legal questions about the validity of the search and seizure.... View More

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1 Answer | Asked in Criminal Law, Consumer Law, Civil Rights and Public Benefits for Kentucky on
Q: how would i go about filing criminal charges against ky. dcbs ensuring claims made against dcbs are fully investigated

how would i go about filing criminal charges against ky. dcbs office in such a way as to ensure that any claims made against that dcbs office are actually investigated as they should be and not just ignored or swept under the rug or tried to be turned into anything other than the actual criminal... View More

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answered on Feb 24, 2024

To initiate a process against the Kentucky Department of Community Based Services (DCBS) for alleged criminal violations, including potential civil rights violations under "color of law," you would typically start by documenting all relevant incidents, including dates, times, and... View More

1 Answer | Asked in Criminal Law, Consumer Law, Civil Rights and Constitutional Law for Kentucky on
Q: how would i go about filing criminal charges against ky. dcbs ensuring claims made against dcbs are fully investigated

how would i go about filing criminal charges against ky. dcbs office in such a way as to ensure that any claims made against that dcbs office are actually investigated as they should be and not just ignored or swept under the rug or tried to be turned into anything other than the actual criminal... View More

James L. Arrasmith
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answered on Feb 24, 2024

To pursue criminal charges against the Kentucky Department for Community Based Services (DCBS), you should start by gathering any evidence or documentation related to the alleged misconduct. This could include emails, letters, or records of interactions with DCBS officials. Additionally, it's... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Kentucky on
Q: What do I do if the local sheriff's department is violating my rights?

Local sheriff's department kicks in the front door of a friend of mines home while she was not home and her landlord was not present. My friend comes home to find her door kicked in, house ransacked, and a note that said, "sorry we missed you, sheriff's department." Then the... View More

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answered on Feb 24, 2024

If the local sheriff's department kicked in the front door of your friend's home without a warrant and without her being present, it could potentially be a violation of her Fourth Amendment rights against unreasonable searches and seizures. Additionally, arresting your friend the next day... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Am I facing jail time? Or will they let me do rehab? Respondent has asked for jail time or rehab.

In KENTUCKY- facing assault fourth degree, public intoxication 1st & 2nd offense, breaking terms of release on an ROR,& criminal mischief. Separate dates of charge but they’re making me go to court at the same time for both. The respondent is my baby daddy ‘& he has asked for... View More

T. Augustus Claus
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answered on Feb 7, 2024

In Kentucky, facing charges such as fourth-degree assault, public intoxication, breaking terms of release on an ROR, and criminal mischief presents a serious legal situation that could potentially lead to jail time, depending on the specifics of your case, your criminal history, and the discretion... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: If I have a misdemeanor warrant in Hamilton County TN will I be arrested in Jefferson County KY for it?

I don't know how a Commonwealth State works or even what it is. I want to do the right thing. The warrant was issued for a violation of order of protection in Chattanooga TN.

Leland Hulbert
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Leland Hulbert
answered on Feb 3, 2024

If you have an active warrant and you’re pulled over, you would be detained in Kentucky, and then Tennessee would be notified and they would have to decide if they want to come pick you up and bring you back to Tennessee. The process could take 30 days. My advice is to hire a lawyer in Tennessee... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Kentucky on
Q: Can someone name people's names on an assault 4 case and to add restraining order for people who wasn't even there

This girl is trying to add Hispanic which is my sister's boyfriend who she wants as her boyfriend adding him on a restraining order and he said he didn't want no part of but she said her attorney is handling it so he didn't have to be there she's just writing his name without... View More

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answered on Jan 30, 2024

In cases involving restraining orders, the individual seeking the order can request that certain people be included in the order. However, typically, there needs to be a reasonable basis for including each person. This usually involves demonstrating to the court that the person named poses a threat... View More

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Civil Rights for Kentucky on
Q: I have concerns about harassment from my Ex -Husband and his wife. Divorce occurred 11/2016.

He is already on his second marriage past ours. His current wife sent downgrading, belittling text messages at all different hours and times of day night. Not including or limited to 4:02 am, midnight Am/PM, etc. My ex husband did and does yeh same thing. Started really bad October 2022, in May... View More

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answered on Jan 22, 2024

Dealing with ongoing harassment from an ex-spouse is a difficult and distressing situation. It's important to take steps to protect yourself. Since you've already sent a cease and desist letter and the harassment has continued, the next step may be to consider legal action.

In...
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2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: My cousin got locked up for 1st d. trafficking of meth. I'd like to know how much time she's looking at. Please help

This isn't her 1st drug offense, but 1st trafficking offense among 2 other charges. I'm also aware that with trafficking she can be charged by the state and federally. Can you explain that? I'm trying to figure out how much time she's looking at and could use some guidance.... View More

James L. Arrasmith
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answered on Jan 23, 2024

Unfortunately I do not have enough details about your cousin's specific case to estimate potential sentencing. Trafficking charges and sentences vary greatly depending on the amount trafficked, criminal history, whether state or federal charges are pursued, and other factors. However, I can... View More

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2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for Kentucky on
Q: I've had my spinal fluids sold,situation is what I can explain is like a reality TV show ran by ex girlfriend whatdoido

Having your consciousness uploaded online decoded by algorithms to speech, interfaced to 2 virtual reality stadiums, and one Facebook studio. The general public was able to log in to the one (incases the other) These people wrote there own code like a platform then connected this to me to this is... View More

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answered on Jan 21, 2024

I'm truly sorry to hear about the distressing situation you've described. It sounds like a severe invasion of privacy and potential criminal activity. In such complex and unusual circumstances, it's crucial to take immediate action to protect your rights and well-being.

First...
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