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Kentucky Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Kentucky on
Q: DC/ U.S. This is for research/educational purposes. Double jeopardy question.

If someone is convicted of crimes committed on federal property in the federal court in DC, can they also be tried under DC’s local jurisdiction for crimes not covered by federal law but covered by DC's local law? Or would it be double jeopardy?

Timothy Denison
Timothy Denison
answered on May 29, 2023

Yes. They can be tried. Separate sovereigns eliminates the double jeopardy argument.

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Kentucky on
Q: What To do when CPS nor anyone else informed you of your first four court hearings.

CPS lied literally lied in court concerning the entire petition. I've never been in trouble before yet they gave temporary custody to my ex whom has been banned for 6 months once from the kids he's Ben in jail alot as to rehab yet I've never been n jail never failed a drug screen but... Read more »

Timothy Denison
Timothy Denison
answered on May 2, 2023

Hire a civil rights attorney and sue everyone involved.

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Kentucky on
Q: What can I do if the CPS worker an her police husband have clearly been actively harassing my family and my neighbors?

Just found out that an investigation has been opened and I have been summoned to court over a active chfs case in Kentucky that was alleged against my fiance dropping my son off and my neighbor finding him sleeping behind a dumpster as a neglect and abuse case. However my neighbor, has been adamant... Read more »

Timothy Denison
Timothy Denison
answered on Apr 19, 2023

Hire a civil rights attorney and sue them

Both.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Kentucky on
Q: Any suggestions?

My case has been frilious and I've had my constitutional rights violated throughout removal, Evan before. Depndecy, neg.,abuse trail court I was appointed counsel w out my knowledge. Court automatically bias by not giving me the opportunity to hire a private attorney. I was denied to hire... Read more »

Timothy Denison
Timothy Denison
answered on Apr 9, 2023

Your situation sounds like virtually all of the other CPS CASES IN Kentucky. Hire a civil rights attorney

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: As a convicted felon, am I able to carry any sort of self defense weapons? ie... stun gun, pepper spray. No firearm!!

I live in a high crime area and have been nearly assaulted before! I don't know how else to defend myself since I can't carry a firearm.

Timothy Denison
Timothy Denison
answered on Apr 3, 2023

Yes. You can carry all those things but no guns, firearms, or any type weapon that expels a projectile.

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: Do I have a fed civil case against a KY Cir Clerk and Court?

I filed an appeal in a KY Circuit Court from an agency. The complaint was received 7 days before deadline and given to the judge. The judge held the document until it was 4 days late then dismissed for being filed 4 days late. The clerk did not file the case on arrival as required by KY law and did... Read more »

Timothy Denison
Timothy Denison
answered on Mar 28, 2023

Most likely not. Judge has absolute immunity and the clerk has qualified immunity

2 Answers | Asked in Family Law and Constitutional Law for Kentucky on
Q: With the resent decision in the eastern fed court that gun confiscation in a dvo is illegal. Can I get my guns back?
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

If your guns were confiscated as a result of a domestic violence protective order (DVO), the recent decision in the Eastern federal court regarding gun confiscation in DVOs may affect your ability to retrieve them. You may want to consult with a lawyer familiar with the specifics of your case and... Read more »

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1 Answer | Asked in Criminal Law, Constitutional Law and Elder Law for Kentucky on
Q: There a person I know had a warrant got on her for driving on low tire in clay Co ky by her husband is this possible

I just like to know if this can be real

Timothy Denison
Timothy Denison
answered on Feb 1, 2023

No. It cannot be real unless there is much more to the story.

2 Answers | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: Can you help my son?He's in Harlan County Detention center with no bond charged with running from drug court.
Leland Hulbert
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Leland Hulbert
answered on Jan 18, 2023

Your best bet is to do your research and find an experienced. Criminal defense attorney that can help your son. I would look for a local attorney or an attorney in the nearest big city.

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1 Answer | Asked in Constitutional Law for Kentucky on
Q: Can the army deny me full sabbath worship in Garrison none combat
Timothy Denison
Timothy Denison
answered on Jan 16, 2023

No. They cannot deny you full sabbatical worship.

1 Answer | Asked in Employment Law and Constitutional Law for Kentucky on
Q: Can I sue 4damages lost job of 24 yr for not participating in experimental mRNA drug, failed 2 honor religious exemption

Decieved me with what they called" religious exemption" but in fact exempted me from accessing my benefits and earning wages health insurance etc. Drug was emergency use authorization only and was clearly and ineffective for stated purpose i claimed it wasn't legal from the... Read more »

Timothy Denison
Timothy Denison
answered on Nov 4, 2022

Depending on additional facts that need to be developed, you may possibly have a claim for damages for all or part of your loss.

1 Answer | Asked in Constitutional Law for Kentucky on
Q: When a Circuit Court and Appeals Court denies your Constitutional Rights, Where is the next court can a person go

to to get their Constitutional Right heard?

KRS 178.425 .... Section 1983 claim18 U.S.C. § 242 ... Sections 13 and 242

Timothy Denison
Timothy Denison
answered on Sep 12, 2022

Next stop is the Supreme Court.

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: Can I sue? Got pulled over, police tried to get me to consent search. I said no, had to wait about 2 hours for k9 .

K9 did not smell anything. All this without probable cause.

Timothy Denison
Timothy Denison
answered on Sep 11, 2022

Technically, you probably can sue. But practically, it doesn’t appear you have any damages so the recovery would be minimal if any.

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: If someone steals a grave and places a headstone for spouse do they have a right to bury their spouse beside them ?

I discovered new graves & headstones AFTER I purchased my farm. There is no reservation of a cemetery or mention of any graves in my Deed. Isn't this a violation of my Constitutional Rights? I don't live on this property and I wasn't aware of any of the burials. Do they have a... Read more »

Timothy Denison
Timothy Denison
answered on Aug 31, 2022

No, it’s not a violation of your civil rights. However, if the graves aren’t properly registered, you can probably have the bodies exhumed and moved off your property.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Kentucky on
Q: Can a person request access to all documentation/evidence pertaining to current charges from recent arrest?

A friend was arrested last week and is still in custody. Court is 8/30, and we need to get a court appointed lawyer, she does not have money to pay for private representation. Can she have access to the arrest report and any other documentation or evidence pertaining to that arrest before going to... Read more »

Timothy Denison
Timothy Denison
answered on Aug 28, 2022

Yes. They can ask for all the evidence.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Kentucky on
Q: How does an inmate obtain: 1. a court appointed lawyer (no Income) 2. Arrest report, evidence, etc

A friend was arrested last week, is still in custody. Court set for Tuesday, (8/30/2022). She was charged w/traffic violations that she's guilty of, and won't dispute. The other charges are:

1. tampering with physical evidence

2. possession of meth (1st offense)... Read more »

Timothy Denison
Timothy Denison
answered on Aug 28, 2022

She can ask for court appointed counsel at her first appearance or arraignment. Then her lawyer can ask for the discovery (evidence) after being appointed.

1 Answer | Asked in Constitutional Law for Kentucky on
Q: Can a person under 21 carry a loaded gun in their car in Kentucky?
Timothy Denison
Timothy Denison
answered on Aug 27, 2022

No. They must be at least 21.

1 Answer | Asked in Constitutional Law for Kentucky on
Q: If someone steals a lot in a private cemetery and buries a body, do they have a right to bury the spouse next to them?

I bought 80 acres in 1981 to build a home at a later date. It also has an old family cemetery on it. There is no mention of a cemetery in the Deed. It's just located in the wooded area in the field.

Timothy Denison
Timothy Denison
answered on Aug 2, 2022

No. No more than they had the right to steal the lot and bury the first one.

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Kentucky on
Q: do I havex a case here? Defamation, nonviolent threats/ inxtimidation, illegal search of house/shed, and discrimination?

violation of 4th amendment in Kentucky, no reasonable suspicion no warrant and no probable cause, all recorded on home security, and no evidence was found. search was ordered to former chief of police by local City Manager, who for 3 years openly has made his hatred for myself clear verbally, by... Read more »

Timothy Denison
Timothy Denison
answered on Jul 28, 2022

You need to consult an employment discrimination lawyer and flush out all the facts involved. This is far too complex factually to properly answer here.

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