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Kentucky Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: On pretrial deferment (checking in once every three months through an app) can my husband have a firearm In the home

Thank you for your time

Timothy Denison
Timothy Denison
answered on Mar 22, 2023

No. Not during the diversion period. (Possession of a firearm during diversion can result in him

Being charged as a felon in possession).

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Kentucky on
Q: What can I do to prove that I've ask 7 times in a year for a new case worker and they have denied me everytime.

My social worker has been apart of 3 of my kids dad's family all 3 of his sisters had the same worker I do.

Timothy Denison
Timothy Denison
answered on Mar 20, 2023

Have your lawyer file a motion to remove the social worker for a conflict of interest.

1 Answer | Asked in Civil Rights for Kentucky on
Q: Is it unlawful for an officer to pull you over. Stating that your insurance has been cancelled. When in fact it had not?
Timothy Denison
Timothy Denison
answered on Mar 19, 2023

Yes. An officer needs probable cause to institute a traffic stop.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Kentucky on
Q: If me and my ex had a cps case opened on both and my worker took him off can she readd him to my case a year later

We had split up and he didn't go to rehab like she had asked so we broke up and me and my children moved

Timothy Denison
Timothy Denison
answered on Mar 19, 2023

Yes. He can be readded to the petition.

1 Answer | Asked in Civil Litigation and Civil Rights for Kentucky on
Q: In fed court does the $ amount of damages have to be included in the initial complaint?
Timothy Denison
Timothy Denison
answered on Mar 19, 2023

No. Just a statement that are in excess of the jurisdictional threshold.

1 Answer | Asked in Personal Injury and Civil Rights for Kentucky on
Q: Does a hospital have to care for all you medical issues while placing you in a 72 hour hold ?

Plasma infusion for immune deficiency

Timothy Denison
Timothy Denison
answered on Mar 17, 2023

Generally speaking, yes.

2 Answers | Asked in Criminal Law, Civil Rights and Probate for Kentucky on
Q: I'm on parole in Kentucky and I don't feel that the officer's are working to help me I want to go to rehab and contact

Them after I get their due to being afraid they are just gonna lock me up instead of agreeing with going to rehab and allowing me.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 14, 2023

You need to work with your officer. If you go off the grid they can arrest you. Probation and parole is in charge with supervising you and you have to abide by their rules and their timetable.

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1 Answer | Asked in Civil Rights for Kentucky on
Q: im from Warren County Ky can Butler County come here with a search warrant arrest me and take me butler jail, they did!

On Jan 16 23 an informant sent Butler Co sherriffs dept here for a search warrant and arrest warrant for 2 others not me, I was arrested and taken back to butler co jail. Is that legal

Timothy Denison
Timothy Denison
answered on Feb 4, 2023

Most likely, yes, but one would need to see the actual documents tonbe sure.

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... Read more »

Leland Hulbert
PREMIUM
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... Read more »

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1 Answer | Asked in Education Law, Civil Rights and Health Care Law for Kentucky on
Q: What rights does the school have to call my child’s doctor to ask information about appointments, missed appointments

My child is on home hospital due to him being sick a lot. I found out that the school called my sons doctor questioning the home health reason and asked when his appointment was and the doctor openly told them that we decided that it may be beneficial for my son to see a therapist the doctor openly... Read more »

Timothy Denison
Timothy Denison
answered on Jan 26, 2023

None whatsoever. Absolutely none.

1 Answer | Asked in Criminal Law, Employment Law and Civil Rights for Kentucky on
Q: can an employee sue a supervisor for getting his car towed from the Hotel workplace, Lexington, KY, Hotel parking lot

the supervisor claimed he received a notice (he cannot produce said claimed notice), from the city telling him the car had to be towed from the hotel parking lot bec. it had a lot of stuff in the car.

in the meantime, said employee is lying in the hospital from a severe stroke, (August,... Read more »

Timothy Denison
Timothy Denison
answered on Jan 4, 2023

Theoretically, yes, but you could easily spend more money than it might be worth, depending of the $ of damages involved.

1 Answer | Asked in Business Law, Civil Rights and Libel & Slander for Kentucky on
Q: Can I sue an OT for accusing me of doing something I didn't do?

I am a recovering addict and I was accused of dropping drugs in the public bathroom that I and every other addict used that day in the clinic. Mind you I screen as part of treatment in front of someone and you would think something would been said if it was there then? Now I know for fact they... Read more »

Timothy Denison
Timothy Denison
answered on Jan 2, 2023

You would likely spend more money out of pocket than you would recover pursuing this bc there are very limited damages.

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
PREMIUM
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... Read more »

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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.... Read more »

Leland Hulbert
PREMIUM
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... Read more »

1 Answer | Asked in Civil Rights for Kentucky on
Q: After arrest how long is it before pretrial services interviews defendant and sets bail
Timothy Denison
Timothy Denison
answered on Nov 28, 2022

Generally 3-6 hours but can be as long as 12-24 hours

1 Answer | Asked in Civil Rights for Kentucky on
Q: I was just told its not legal to have 150 or more county prisioners sleeping on the floor, what can be done about it?
Timothy Denison
Timothy Denison
answered on Nov 3, 2022

One of the prisoners can file a lawsuit over the overcrowding.

1 Answer | Asked in Civil Rights for Kentucky on
Q: my friend is in the county jail it was made to house 140 people at the moment it has over 340 sleeping on floors

and blocking emergencey exits, is this legal?

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

No. It is not legal.

1 Answer | Asked in Civil Rights for Kentucky on
Q: If an immate was left in a holding cell overnight restraint and accidently use the bathroom on himself

Also there was no supervision and no bathroom and noone came after him as he was just left and forgotten about what constitutional right is violated here

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

Doubtful anyone would pursue because there are no real damages.

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