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Kentucky Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Kentucky on
Q: I live and previously worked for hotel 8 months can they just fire me and call police and make me leave without eviction

I have worked as on site maintenance at woodspring suites hotel for 8 months , they refused to pay me any overtime, will not pay me for on call time , which I have been on call every other day from clock out till 8 am next morning and not allowed to leave the property during this time. I have now... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, there are a few key legal issues to consider. Firstly, regarding your employment and unpaid overtime, you have rights under labor laws. Since you mention being on call and not being paid appropriately, you might have a claim for unpaid wages. It's important to document all... View More

1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: question regarding false imprisonment or wrongful detention

in 2009 when i was 18 years old i was convicted of unlawful transaction with a minor and served a few years in prison. released in 2014 and on probation for 5 years following until released in 2019 from probation. still having to register as a sex offender. in july 2023 i was arrested by the local... View More

James L. Arrasmith
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answered on Nov 18, 2023

I understand your concern about being arrested twice for the same non-compliance issue with the sex offender registry. This situation appears to raise questions about false imprisonment or wrongful detention. It's essential to seek legal representation immediately to address this matter... View More

2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Is this right? double jeopardy? this could be a case....

i was arrested in nov 22 and it was ruled upon by ealier this year....after 5000 cash bond was picked up (2 days later) i was rearested w no new charges on indictment warrant for the felony possession but it had already been ruled on. now i have been infront of judge about 10x and still no... View More

James L. Arrasmith
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answered on Nov 18, 2023

In your situation, if you were re-arrested for the same charge that had already been ruled upon, it raises concerns about potential double jeopardy, which is prohibited under the Fifth Amendment of the U.S. Constitution. Double jeopardy means being tried twice for the same offense after a ruling... View More

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1 Answer | Asked in Civil Rights and Traffic Tickets for Kentucky on
Q: Is it lawful for a police officer to call for 2nd K-9 for a sniff test on a traffic stop since the 1rst didn't alert?
James L. Arrasmith
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answered on Nov 12, 2023

The legality of a police officer calling for a second K-9 unit during a traffic stop, after the first did not alert, can be a complex issue and depends on several factors. Courts have generally held that a dog sniff during a lawful traffic stop does not violate the Fourth Amendment's... View More

2 Answers | Asked in Traffic Tickets, Car Accidents, Civil Rights and Constitutional Law for Kentucky on
Q: Since constables don't answer emergency calls do they need further training also can they make arrest at roadchecks?

The office of the constable are doing traffic stops in these smaller counties is that legal?

T. Augustus Claus
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answered on Oct 20, 2023

In Kentucky, constables are elected officials who have law enforcement powers, but their duties and responsibilities can vary from county to county. Constables typically have the authority to make arrests and serve civil process, but they may not be responsible for answering emergency calls in the... 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?
T. Augustus Claus
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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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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
T. Augustus Claus
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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 Civil Litigation and Civil Rights for Kentucky on
Q: Kentucky. In federal district court can a Plaintiff seek a ruling without seeking money damages?

In state circuit court a clerk refused to file my complaint with IFP in violation of statute and case law. That resulted in my case being dismissed. If I file a fed complaint, will I have to ask for monetary compensation for damages? Or can I ask for just a ruling on whether the clerk violated my... View More

Timothy Denison
Timothy Denison
answered on Aug 25, 2023

In federal court, you can ask for a declaratory judgment without asking for damages.

2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Kentucky on
Q: Kentucky. Can the federal district court review actions by a KY court clerk and judge? Not the case issue, the procedure

Court records prove the clerk received my complaint with IFP fee waiver 7 days before the deadline. The filing was delivered to the judge who held it 4 days past deadline then granted IFP and dismissed it for being filed late. He opined it was my responsibility to ensure it was filed on time. On... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Under the Rooker-Feldman doctrine, the federal court will most likely dismiss such a complaint for lack of subject matter jurisdiction.

Under that doctrine, you need to appeal the state court claim through the state court system and then to the United States Supreme Court. Pursuant to 28...
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2 Answers | Asked in Civil Rights and Criminal Law for Kentucky on
Q: If someone is residing in a motel room, staff calls police due to marijuana odor. Police arrive and staff open door.

The police knocked but the elderly resident (65 yr old woman with 0 priors) is in bathroom and takes longer than they like to answer. Hotel staff key door and allow cops in. First question is this legal? They then found (allegedly in plain view) drugs.

Question 2: resident was visiting for... View More

Leland Hulbert
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Leland Hulbert
answered on Jan 27, 2023

A person does not have a normal expectation of privacy in a hotel room like they would in their own home so the entry in scenario one sounds legitimate. I would contact the police about the missing property. They have more power and resources to investigate and if they end up charging an employee... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: What are the laws on a Speedy Trial in Kentucky?

I have had my trial continued 2 times and it's been drawn out for 2 years. I feel like my right to a speedy trial is being ignored.

Leland Hulbert
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Leland Hulbert
answered on Jan 1, 2023

The right to speedy trial is within 180 days if you’re being held on another case. If you only have one case and you agree to continuances then you’re right to speedy trial is not invoked. You need to talk to your attorney. On circuit court trials they typically take 1 to 3 years. Covid has not... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: What are the laws on a Speedy Trial in Kentucky?

I have had my trial continued 2 times and it's been drawn out for 2 years. I feel like my right to a speedy trial is being ignored.

Timothy Denison
Timothy Denison
answered on Jan 1, 2023

180 days if other cases. You have to make a motion for a speedy trial in the case before the time starts to run.

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1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: I think my son just received a higher charge, because his big brother just served 5 years for a battery.

Youngest son been going back and forth court for 2 years on misdemeanor. Trail date was set for 8th this month. Strange same time his older brother was released charged jumped to a felony. My son and the victim still maintain that what he is being accused of did not happen the way they saying.... View More

Leland Hulbert
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Leland Hulbert
answered on Dec 2, 2022

It’s a little hard to follow your fact pattern but it sounds like you’re saying he was charged with a misdemeanor for two years and then a few days before a trial they moved it up to a felony? That is very rare and sounds strange. It’s possible for them to indict felony charges at any time as... View More

1 Answer | Asked in Civil Rights and Small Claims for Kentucky on
Q: What if you purchased a property and put it in someone else's name and they took it from you

I bought a 3br mobile home when me and my wife split up, it was on my friends property they said I could leave it there until they got a double wide that they wanted to put there. About 7-8 months later they served me with an eviction notice an lied to the judge about who the property belonged to.... View More

Timothy Denison
Timothy Denison
answered on Nov 29, 2023

What is your question?

1 Answer | Asked in Civil Rights for Kentucky on
Q: Prisoner filed Civil suit, then transferred out. Case closed due to non notification of address change.

My son filed Medical neglect case. Due to mail being undeliverable, although prison knew exactly where he was. Case now closed.

Timothy Denison
Timothy Denison
answered on Nov 28, 2023

You. An go to pacer.gov to check the status of a civil suit.

1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Kentucky on
Q: I live and previously worked for hotel 8 months can they just fire me and call police and make me leave without eviction

I have worked as on site maintenance at woodspring suites hotel for 8 months , they refused to pay me any overtime, will not pay me for on call time , which I have been on call every other day from clock out till 8 am next morning and not allowed to leave the property during this time. I have now... View More

Timothy Denison
Timothy Denison
answered on Nov 21, 2023

You need to file a complaint with the Kentucky Labor Board regarding all the monies owed to you. As far as the eviction, it appears you may have some defenses. Check with your local legal aid society regarding possible pro bono or reduced fee representation.

1 Answer | Asked in Civil Rights for Kentucky on
Q: I was falsely arrested by a constable who later was investigated by the FBI and found to have been setting people up for

Years. Since I was innocent I tried waiting to go to trial. after 4 months and another postponement I took a 3 year plea deal and subsequently spent 19 months in jail on my first offense of a crime I did not commit. I hear that certain people are getting charges he put on them expunged I guess. Is... View More

Timothy Denison
Timothy Denison
answered on Nov 16, 2023

It is doubtful there is any recourse if you pled guilty rather than a decision being reached at trial.

1 Answer | Asked in Civil Rights, Landlord - Tenant and Libel & Slander for Kentucky on
Q: My roommate works with are case workers and the housing program we are in. They are covering for him. They also did not

So my roommate has been lockung me out from using the unity room. I can not wash or dry clothes. He's made false statements about me. He's been agressive towards me since I caught him replacing the kitchen stove at 11pm one night . He got up in my face after I asked if he had premission... View More

Timothy Denison
Timothy Denison
answered on Nov 16, 2023

You should find new living arrangements and a new roommate. These issues never resolve well.

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