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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 
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
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
answered on Aug 25, 2023
In federal court, you can ask for a declaratory judgment without asking for damages.
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
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... View More
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
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
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.
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
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.
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.
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
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
There is an hour long video of the full incident. The defense is pushing for a state of mental distress during that time and saying that a mental health condition caused them to behave that way.
answered on Sep 13, 2022
Yes. Typically in these type of cases a competency evaluation is performed and once the results are in there is a competency hearing. Both the prosecution and defense argue their position and the judge ultimately decides the issue.
answered on Sep 22, 2023
You might be. You’d be safest to hire a lawyer to get the bw set aside and resolve the case for you.
I emailed my landlord regarding my kitchen sink being clogged and unusable. My landlord emailed me back stating: “We heard you are sick, if this is true pending on the illness I won’t be able to send someone into your apartment.” So, when maintenance comes she doesn’t let them fix my sink.... View More
answered on Sep 21, 2023
Probably not but the best course is to call her directly, tell her you are not sick and reschedule the sink t repair. Litigation not necessary in this instance.
If a relative has been taking your kids to the doctor in place of you but they never needed a note bc they once had temp custody, but I got custody back. They still do that though. Is that allowed? Can they take claim to guardianship? Obviously a care giver of sorts but all of her info is in their... View More
answered on Sep 16, 2023
No. Take a copy of your custody papers to the dr and explain that the relative doesn’t have possession or custody anymore.
I served almost 5 years in prison, won an appeal, it went back to circuit court. They give me a lesser charge. Offered me 3 years at time served. I accepted, & then was made to do 3 years probation. With only a few months left of probation, my Probation officer looked into my file, noticed I... View More
answered on Aug 28, 2023
You need to have a criminal defense lawyer carefully review the file and see if these allegation can be proven. If so. You may have a case.
Hello I wanted to speak with you if you had time I am putting together some documentation of an issue that I have with CPS in both States Kentucky and California involving my civil rights and malpractice. "Gross negligence and due proces are just two Federal rights and I don't know if... View More
answered on Aug 13, 2023
Probably not be able to combine both cases unless there is a common nexus. You’ll probably need to sue Ky in Ky and CA in CA.
After I answered the door and stepped out on my porch I was asked if a man arrested for DUI a mile or so away lived at my house. No was my answer as he didn't live there nor had he been staying there. The man arrested had stopped at my house earlier that day and I knew the man, but he... View More
answered on Aug 5, 2023
Sounds a bit overreaching but would probably be upheld as legal
In a residence he is in, but doesn't own that is occupied by others who aren't felons? Riding with someone who isn't a felon? In the home he shares with his son who is not a felon? How far does the unconstitutional nonsense infringe on the freedoms of others? Should he be wearing a... View More
answered on Aug 4, 2023
All of the examples you gave could qualify as a felon in possession under the statute. Not saying that’s right but that’s the current state of the law. Have you considered expungement as a possible solution to your problem.
I recently found out a global organization based out of Singapore that I had applied to a while back gave out an I-9 form with all of my information to someone else who was applying to the company. Thankfully the woman who received it reached out to me, she said it had my phone number, ssn,... View More
answered on Aug 2, 2023
There might possibly be but if they’re located in Singapore, be expensive and difficult to litigate. Additionally, it sounds like there are no damages so I probably wouldn’t pursue it.
when she came into my s[ace i put my arm out sayin g get away from me and she swung on me then i defended myseld myself cause nobody lets someone hit them and do nothing and they evicted me they emarrssed me walking me out for defending myself
I was told if I got my permit they would be dismissed but I payed the fine and they set me another court date for not having a permit and they fined me another 325 bucks can they do that
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