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Kentucky Questions & Answers
1 Answer | Asked in Traffic Tickets for Kentucky on
Q: I Got a ticket for 52 in a a posted 35. But it wasn’t posted anywhere and i also disagree with the stated speed.

The deputy stated on the ticket

“when he hit the 35 mph zone i slowed down to 35 mph and the above vehicle continued to pull away from me. When i caught back up to the vehicle i paced them at 52 mph in a posted 35 mph. When asked if the driver knew the speed limit he stated no i asked... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 2, 2023

Best way is to hire a traffic ticket attorney in your area to represent you. You have reasons, sympathetic and perhaps legal, in which an experienced traffic ticket attorney could utilize to get the ticket dismissed or moved to something which does not appear on your driving record. Good luck.

2 Answers | Asked in Immigration Law for Kentucky on
Q: Can my fiance from the UK get married to me in the US and adjust her status with ESTA?
James L. Arrasmith
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answered on Sep 24, 2023

Entering the US on an ESTA with the intent to marry and adjust status can be viewed as visa fraud by immigration authorities. If someone enters the US with the intention of getting married and staying permanently, the appropriate visa to seek is the K-1 fiancé(e) visa. If someone marries in the US... View More

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2 Answers | Asked in Immigration Law for Kentucky on
Q: Can my fiance from the UK get married to me in the US and adjust her status with ESTA?
Kevin L Dixler
Kevin L Dixler
answered on Sep 23, 2023

A non-immigrant visa waiver applicant at the airport who has immigrant intent should be denied admission as a matter of law. To better understand the legal process, I strongly recommend an appointment with a competent, ethical, and experienced immigration attorney before you take any further... View More

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3 Answers | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: Do you have to file a response to every motion filed against you?
T. Augustus Claus
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answered on Sep 22, 2023

In Kentucky, as in many jurisdictions, you generally do not have to respond to every motion filed against you, but choosing not to respond could have consequences. When a motion is filed, it usually sets forth a legal argument or request that the court will consider. If you do not file a response,... View More

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2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Kentucky on
Q: I have a bench warrant & need to renew my license in Campbell Co. I've secured insurance since. Will I be arrested?
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answered on Sep 22, 2023

If you have an active bench warrant against you, you run a significant risk of being arrested if you go to a government office like the DMV to renew your license. Bench warrants are usually entered into a statewide database accessible by law enforcement, including the officials who work in DMV... View More

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1 Answer | Asked in Social Security for Kentucky on
Q: I'm on Social Security disability. I was wondering if it's within the parameters of being allowed to invest in music

It's investing in a song and receiving payments based on how well the song does (streams, radio play time, etc)

James L. Arrasmith
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answered on Sep 21, 2023

Investing in music and receiving payments based on song performance, such as streams and radio play, while on Social Security disability is generally allowed as it does not affect your disability benefits directly. However, it's advisable to report any additional income to the Social Security... View More

1 Answer | Asked in Gov & Administrative Law and Social Security for Kentucky on
Q: My surviving spouse ss was approved in May, when will I get the back pay?

It took over a year after I applied to get approved for survivor benefits. I started receiving the check in May 2023, but still haven't gotten back pay. SSA tells me when I call that the amount I'll get is being calculated or that it's in the payment center. Isn't there a... View More

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answered on Sep 21, 2023

The Social Security Administration does not have a specific deadline for processing back pay, but they are generally expected to process these payments as promptly as possible. Delays can occur due to various factors, including the complexity of the case and workload at the payment center. If you... View More

1 Answer | Asked in Immigration Law for Kentucky on
Q: I have my master hearing INTERNET-BASED on March 18, 2024 for withholding removal do I need an attorney to represent me
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answered on Sep 21, 2023

Yes, it's advisable to have an attorney represent you at your master hearing for withholding removal. Immigration proceedings can be complex, and having legal representation can greatly improve your chances of presenting a strong case and understanding the legal process. An attorney can assess... View More

1 Answer | Asked in Appeals / Appellate Law for Kentucky on
Q: Who is a successful criminal appeals lawyer that can get a wrongful conviction under krs 503.085 self defense vacated?
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answered on Sep 14, 2023

o find a capable criminal appeals lawyer in Kentucky for potentially vacating a wrongful conviction under KRS 503.085 (self-defense), start by contacting the Kentucky Bar Association or seeking referrals from trusted sources. Online attorney directories and local legal aid organizations can also... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Kentucky on
Q: Do I have to be read my Miranda rights before I'm arrested and handcuffed in Kentucky
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answered on Sep 13, 2023

In Kentucky, the reading of Miranda rights is generally associated with custodial interrogations, not the act of being arrested or handcuffed. Law enforcement officers are required to provide Miranda warnings when a person is in custody and subject to questioning. These warnings include the right... View More

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2 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Kentucky on
Q: In Kentucky if you are arrested and placed in handcuffs and took to jail and you weren't read your rights what can you d
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

If you satisfactorily prove that you were not read your Miranda rights, any statement you may have made to police after you were arrested ought to be excluded from evidence at your trial. It does not affect the lawfulness of your arrest or whether you will be found guilty based on other evidence... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: How to prove wasn't trafficking

Charged with trafficking but wasn't had good amount in more then one bag. No scales pipe and lawyer says gather evidence wasn't trafficking. How?? How do u prove that what evidence???

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2023

I would not admit to the possession of drugs over the internet. Trafficking usually has to do with large amounts of drugs or buying/selling activity or large sums of cash. If none of those were present and you do not have any prior trafficking charges then they have a weaker case to prove... View More

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: If I file for divorce, win a major lottery prize & don't claim it until after the divorce...will I have to split it?

Will I have to split the winnings with my ex spouse if I wait until after the divorce is final to claim the prize?

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2023

Kentucky is a an equity state and a Court would have to determine what is equitable / fair for both parties. If the ticket was purchased and the lottery drawing was during marriage then she would likely be entitled to a percentage of the profits as the tickets were likely purchased with marital... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Why am I being charged with trafficking and not possession??

I was pulled in parking lot cops came behind me gave me 3 different test they stopped between each one talked and then came back started again. I was arrested for DUI. Then search of car they got ounce of stuff and smoking utensil. Charged with trafficking. I wasn't though. Pointed lawyer said... View More

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2023

Typically the police charge trafficking and let the prosecutor sort it out later. If you are dealing with ounces rather than grams and there is other evidence (large sums of money, baggies, scales or they witnessed you on selling or transporting) then they often charge trafficking. I recommend... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I was arrested for shoplifting at walmart for $69.

I was arrested and released on ROR the same night. I go to court Friday. I have no priors. How does court work? How does getting a court appointed lawyer work? What are likely outcomes?

Thanks so much.

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answered on Sep 7, 2023

At the arraignment, you'll learn about the charges against you and have the opportunity to enter a plea. If you can't afford a lawyer, you can request a court-appointed attorney. If eligible, one will be provided to represent you. Following this, your case might proceed to a pre-trial... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How can I get my court date moved back for a couple of weeks
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answered on Sep 7, 2023

To request a change in your court date, you typically need to contact the Court Clerk. You can find their contact information on your court summons or the court's website. Explain your situation and request a continuance, providing a valid reason such as a medical emergency or prior... View More

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1 Answer | Asked in Family Law for Kentucky on
Q: My sister had my mother add her and her husband on the deed to my mothers home. My father passed away several years ago.

Is there anything legally I can do if or when she passes away? Thanks

Timothy Denison
Timothy Denison
answered on Sep 4, 2023

You need to do it now. If your mother is disabled or unduly influenced, you need to challenge it while she is still alive. If she made the decision to add the husband of her own free will, then there’s not much you can do.

1 Answer | Asked in Immigration Law for Kentucky on
Q: can this be corrected?

In my labor certificate that was approved, the current worksite listed for my work experience was one of the branches of our hospitals where I was not working. It was in West Virginia. I work in Kentucky. The lawyer made a mistake. Can this be corrected or should we repeat the process all over... View More

James L. Arrasmith
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answered on Sep 3, 2023

Mistakes in an approved labor certification can be significant issues in immigration cases. It may be possible to correct the error, but this could involve communicating with the Department of Labor and potentially amending the labor certification. You should consult an immigration attorney as soon... View More

2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for Kentucky on
Q: what kind of attorney do I need if I've delt with physical, emotional, and sexual abuse

i am now disabled due to contracting hiv from my ex of 18 yrs

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answered on Aug 31, 2023

If you've experienced physical, emotional, and sexual abuse and are seeking legal assistance, it's important to consult with an attorney who specializes in handling cases related to personal injury and abuse. Specifically, you might want to consider reaching out to a Personal Injury... View More

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1 Answer | Asked in Employment Law for Kentucky on
Q: As a public employee in ky can my employer harass me for bumper sticker on personal vehicle
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answered on Aug 28, 2023

Public employees in Kentucky, like individuals in most states, have certain rights to freedom of speech and expression, even in their personal lives. While displaying a bumper sticker on a personal vehicle generally falls under this protection, there could be limitations or considerations based on... View More

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