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Kentucky Gov & Administrative Law Questions & Answers
1 Answer | Asked in Criminal Law, Education Law and Gov & Administrative Law for Kentucky on
Q: Can public school employee coach with arrest record in Kentucky?

I was arrested twice, once for drug trafficking and once for drug possession and unlawful transaction with a minor. The charges were dismissed in both cases, and I have no ongoing legal proceedings aside from a bench warrant for failing to appear in a traffic case. Six weeks after being hired, my... View More

Timothy Denison
Timothy Denison
answered on Mar 24, 2025

That decision is solely up to the School Board since Kentucky is an at will employment state. Since the charges were dismissed, it really shouldn't affect your employment. However, you may want to consider having the record expunged altogether so that this problem doesn't arise in the future.

1 Answer | Asked in Education Law and Gov & Administrative Law for Kentucky on
Q: What laws do I need to make sure I completely understand a Special Education Director? and how to train my SPED teachers

How do I train Special Education teachers in legal issues?

Neubia Harris
Neubia Harris
answered on Jul 2, 2024

You should be able to contact your state's Department of Public Instruction for resources on training K-12 staff on compliance with the Individuals with Disabilities in Education Act, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act and other relevant laws that may be... View More

1 Answer | Asked in Gov & Administrative Law for Kentucky on
Q: Is picking up random homeless people to fill a rehab and bill insurance for them being there illegal
Tim Akpinar
Tim Akpinar
answered on May 28, 2024

A Kentucky attorney could advise best, but your question remains open for two weeks. A local attorney would need to advise on state laws for this. But as a general note, authorities and insurance company special investigation units would evaluate the activity. If done compassionately with a genuine... View More

3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Kentucky on
Q: I am a National American (Californian).. The DA and the State Trooper both used the oxy-moron "SOVERIN CITIZEN" in the

I was stopped at a not properly set up safety check point . i was told i had to have a D.L. I told him I was traveling not driving and what law did i break and his R A S .in turn He broke my window out ,Tased me 3 times, which in turn released my foot off my brake truck rolled they backed up so... View More

John Michael Frick
John Michael Frick
answered on May 15, 2024

Obviously, if you were operating a motor vehicle on a public road, you were legally obligated to produce a valid driver's license upon the request of a peace officer. If you were not driving the motor vehicle but were travelling as a passenger in the vehicle, the peace officer could validly... View More

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1 Answer | Asked in Gov & Administrative Law for Kentucky on
Q: Can I repossess a car I sold 3 years ago if the buyer failed to transfer the title
James L. Arrasmith
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answered on Apr 10, 2024

I understand you're in a difficult situation, but unfortunately you can't legally repossess the car, even though the buyer failed to transfer the title. Here's some key information about your situation:

- Once you sold the car, ownership transferred to the buyer, regardless...
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1 Answer | Asked in Gov & Administrative Law for Kentucky on
Q: Can I offer My services as a certified APSS in KY as my own entity/business w/o the supervision of a DR. via zoom?

I am a certified ADULT PEER SUPPORT SPECIALIST offering peer counseling primarily to recovering addicts and their family members and friends. I am wanting to start my own business through teleheath via zoom, and/or visiting clients at their homes/church/parks/ or other specified locations. These... View More

James L. Arrasmith
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answered on Mar 26, 2024

In Kentucky, if you are certified and plan to offer your services as an Adult Peer Support Specialist, it's important to note that you do need to work under supervision. This means that your services, when provided, must be overseen by a qualified professional. The range of professionals under... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Kentucky on
Q: In kentucky can a tow company refuse to release my car if I have a licensed driver to get it off the lot?
James L. Arrasmith
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answered on Mar 25, 2024

In Kentucky, like many other states, a tow company can refuse to release your car under certain circumstances. The most common reason for refusal is non-payment of towing or storage fees. Before a tow company releases your vehicle, you need to ensure all associated fees are paid. Additionally,... View More

2 Answers | Asked in Family Law, Gov & Administrative Law, Military Law and Public Benefits for Kentucky on
Q: My daughter's father was killed over seas. He was in the United States army once stationed at ft Knox and fort polk

What can I do about getting my daughter's benefits from his death for support for my child his name is xx

Robert Donald Gifford II
Robert Donald Gifford II
answered on Jan 9, 2024

Order his military records from St. Louis from the National Archives. You can find that information online. I would request the entire file, to include medical, DD214, etc. Once you receive, go to the Veteran's Administration website and they will give additional guidance. You may also get... View More

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2 Answers | Asked in Family Law, Gov & Administrative Law, Military Law and Public Benefits for Kentucky on
Q: My daughter's father was killed over seas. He was in the United States army once stationed at ft Knox and fort polk

What can I do about getting my daughter's benefits from his death for support for my child his name is xx

James L. Arrasmith
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answered on Jan 17, 2024

I'm sorry to hear about your loss. To pursue benefits for your daughter due to her father's service and untimely death, you should start by contacting the Department of Veterans Affairs (VA). They provide various benefits to dependents of deceased service members, including Dependency and... View More

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2 Answers | Asked in Constitutional Law, Gov & Administrative Law and Municipal Law for Kentucky on
Q: I work at a church in Kentucky. We have a school, but it’s a separate building. Am I allowed to carry a concealed weapon
James L. Arrasmith
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answered on Dec 30, 2023

In Kentucky, the laws regarding carrying a concealed weapon, especially in places like schools and churches, can be quite specific and are subject to certain conditions and restrictions.

For churches, the ability to carry a concealed weapon often depends on the church's own policies....
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1 Answer | Asked in Gov & Administrative Law, Traffic Tickets and Appeals / Appellate Law for Kentucky on
Q: Can a hearing trial deal out a harsher punishment after the judge has carry out her judgment?

I once was told that a friend was offered a deal if he was to plead guilty. He would receive no points in his record after he completed his assigned course. But three-days later, was called in for a hearing and was handed out a 90 days suspension on top of that.

Timothy Denison
Timothy Denison
answered on Dec 13, 2023

What you describe is two fold. Part of the penalties (criminal) are administered and enforced by the Court. Other half of penalties (admin) are administered and enforced by Drivers Licensing. They are separate and distinct but the don’t give you this information when you are going through it.

1 Answer | Asked in Child Support, Child Custody and Gov & Administrative Law for Kentucky on
Q: Child support arrearage issue due to system error after custody return in Kentucky.

I have been informed that there is a small arrearage amount due from when my child was in the custody of the Cabinet for Health and Family Services. My child returned to my custody in May, but the child support system did not stop support payments, and as such, the arrears reflected on the system... View More

Timothy Denison
Timothy Denison
answered on Mar 19, 2025

Wait for the audit. That should cure the error without further action on your part.

1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Kentucky on
Q: Is it legal to suspend my license before a DUI conviction in Kentucky?

I received a DUI and was notified that my driver's license is suspended for 18 months. I haven't been found guilty yet, and my next court date is in December. Is it legal for them to suspend my license before a court conviction, and what steps can I take?

Timothy Denison
Timothy Denison
answered on Mar 19, 2025

Yes. Pre-trial suspension is expressly authorized by statute.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Gov & Administrative Law for Kentucky on
Q: Can my friend still be charged with a felony without indictment after 8 months?

My friend was arrested and charged with burglary after his girlfriend, who was incarcerated, gave him the keys to her safe to retrieve money meant for hiring her a lawyer. She instructed him to avoid the cameras because of her dad, so he entered through a window. Her dad, who is pressing charges,... View More

Timothy Denison
Timothy Denison
answered on Mar 6, 2025

Yes. He can. There is no statute of limitations on a felony.

1 Answer | Asked in Probate, Civil Litigation and Gov & Administrative Law for Kentucky on
Q: How can I claim inheritance and address unauthorized transactions from my brother's Limestone Bank account in Kentucky as a non-resident?

I am a resident of Turkey and recently lost my brother, who lived in the United States. He has left behind money in an account with Limestone Bank. I am the next of kin, but I am not familiar with the process of claiming inheritance as a non-resident. Additionally, there have been unauthorized... View More

Timothy Denison
Timothy Denison
answered on Mar 3, 2025

Hire a lawyer in or near the city where your brother lived so he can flush out the details of the expenditures and still protect your interests at the same time.

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Kentucky on
Q: Is a pat-down and wand scan at a sober living facility legal without policy?

I stay in a sober living facility, and before entering, they require a pat-down with hands up and a security wand scan, conducted by hired security. This procedure was not included in the facility's rules or policies. Is this practice legal?

Timothy Denison
Timothy Denison
answered on Feb 27, 2025

Yes. It is.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Kentucky on
Q: Is my probation officer's action legal and do I have recourse?

I am on supervised probation in Kentucky and recently moved back to my residence after graduating from a sober living house. My probation officer visited my home, claiming someone reported that I was living with my boyfriend, who is also a felon. My boyfriend was not present, and there were no... View More

Timothy Denison
Timothy Denison
answered on Feb 24, 2025

Most likely the judge granted your PO authority to do this without returning to court. Check your probation papers. If so, it is perfectly legal. If not, you may have an actionable claim.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Kentucky on
Q: Can KY probation/search occur without consent or a warrant, based on a tip?

I forgot to report to probation on the day my residence was searched. The police said they acted on a tip about drug activity, but there was no search warrant, and I wasn't home to give consent for the search. My ex-husband, who lives behind me and not at my residence, let them in. They found... View More

Timothy Denison
Timothy Denison
answered on Feb 22, 2025

Yes. They can enter and search if you are on probation. Your consent would have been included in the probation papers you initially signed.

1 Answer | Asked in Probate and Gov & Administrative Law for Kentucky on
Q: Seeking legal help for claiming inheritance from Limestone Bank, Kentucky.

I am living in Turkey and have an inheritance in Limestone Bank, Kentucky, USA, left to me by my uncle who lived in the US. Despite having all the legal documents from the bank and sending emails to them, I have not received any response. It's been challenging to contact them and access my... View More

Timothy Denison
Timothy Denison
answered on Feb 18, 2025

One would have to see the documents you have to be an lol e to properly advise you. Consider hiring a lawyer in the city where the bank is located and who can possibly get things worked out for you.

1 Answer | Asked in Domestic Violence and Gov & Administrative Law for Kentucky on
Q: How to cancel an EPO in Kentucky as a petitioner?

I am the petitioner in an Emergency Protective Order (EPO) in Kentucky. Our circumstances have changed, and both parties agreed to work on the relationship. We have an EPO hearing this week, and there are no related criminal charges. I have not yet consulted with anyone about the cancellation... View More

Timothy Denison
Timothy Denison
answered on Feb 16, 2025

You will need to go to court and ask the judge to dismiss the petition.

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