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Kentucky Constitutional Law Questions & Answers
2 Answers | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: The police are wanting me to come down to the station and talk to them about matters that I am unsure of.

They have not tried to contact me back whatsoever what should I do?

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answered on Jun 3, 2024

First, it's important to stay calm and not panic. If the police want to speak with you, it’s generally a good idea to understand your rights and the nature of the inquiry before you go. You have the right to remain silent and the right to consult with an attorney before speaking to law... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: How can I get a form to file for indigence for a court fine of $292,000.00 in Gordon Co. Ga. I live in Ky.

I am unable to work, and on food stamps and Medicaid. I cannot afford to hire an attorney and a trip to Georgia to go before a judge to get this life sentence of a fine they’ve given me. I already served 5 years in Ga., and on probation until 2035. Isn’t that enough??? They also want almost... View More

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answered on May 24, 2024

To file for indigence regarding your court fine in Gordon County, Georgia, you'll need to request the appropriate forms from the court. You can usually find these forms on the court's website or by contacting the court clerk's office directly. Explain your situation and request an... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal? If "yes", what legal authority supports answer

plain language FRCP of 60(b)(2) reflects "trial" under FRCP 59 so I don't know how it could apply to 12(b)(6) dismissals.

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answered on May 19, 2024

Yes, Federal Rule of Civil Procedure 60(b)(2) can apply even if there was no trial, such as in cases of a 12(b)(6) dismissal. Rule 60(b)(2) allows for relief from a final judgment based on newly discovered evidence that could not have been previously discovered with reasonable diligence.... View More

2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Kentucky on
Q: where can i get info on Judges Surety Bond in Ky. so i can luquitdate them?
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answered on Jun 2, 2024

To get information on a judge's surety bond in Kentucky, you can start by contacting the Administrative Office of the Courts (AOC) for the state. They should have records and information on the bonds held by judges.

Additionally, you might find useful information through the Kentucky...
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3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Kentucky on
Q: I am a National American (Californian).. The DA and the State Trooper both used the oxy-moron "SOVERIN CITIZEN" in the

I was stopped at a not properly set up safety check point . i was told i had to have a D.L. I told him I was traveling not driving and what law did i break and his R A S .in turn He broke my window out ,Tased me 3 times, which in turn released my foot off my brake truck rolled they backed up so... View More

John Michael Frick
John Michael Frick
answered on May 15, 2024

Obviously, if you were operating a motor vehicle on a public road, you were legally obligated to produce a valid driver's license upon the request of a peace officer. If you were not driving the motor vehicle but were travelling as a passenger in the vehicle, the peace officer could validly... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Kentucky on
Q: If you read in the paper you was indicted but never served and the incident happened over 2 years prior to the indictmen

.

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answered on May 19, 2024

If you read in the paper that you were indicted but never served, and the incident occurred over two years ago, you should take immediate action. Begin by checking the accuracy of the indictment notice. Contact the court or legal authority mentioned to confirm if the indictment is valid and to... View More

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1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Kentucky on
Q: Is DCBS compelled to overturn a substantiated finding if the related court case was dismissed and expunged?

If the charge of Endangering the Welfare of a Minor Child is dismissed from court and expunged, is DCBS compelled or required to overturn a substantiated finding of Abandonment & Supervision Neglect concurrent with the same incident referred to in such case?

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answered on May 1, 2024

When a court case involving charges such as Endangering the Welfare of a Minor Child is dismissed and expunged, it doesn't automatically mean that the Department for Community Based Services (DCBS) must overturn a substantiated finding of Abandonment & Supervision Neglect. These are two... View More

1 Answer | Asked in Constitutional Law for Kentucky on
Q: Is it legal for an 18 year old in the state of Kentucky to open carry a hand gun
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answered on May 1, 2024

In Kentucky, if you are 18 years old, you are legally permitted to open carry a handgun. The state does not require any specific license for open carry for anyone who is legally allowed to possess a firearm. However, it's important to be aware of the restrictions and responsibilities... View More

2 Answers | Asked in Criminal Law, Family Law, Constitutional Law and Juvenile Law for Kentucky on
Q: Does a substantiated DCBS case for Abandonment & Supervision Neglect automatically place me on the Child Abuse Registry?
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answered on May 1, 2024

When a case involving abandonment and supervision neglect is substantiated by DCBS (Department for Community Based Services), it's understandable to be concerned about the implications, such as being placed on the Child Abuse Registry. The impact of a substantiated case can vary based on... View More

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Child Custody and Constitutional Law for Kentucky on
Q: Is DCBS required to notify me of a substantiated case finding against me?

I have just been informed by a potential employer that my name is on the Child Abuse Registry, apparently due to a substantiated DCBS case filed against me 5 years ago for Abandonment & Supervision Neglect. DCBS never notified me of this substantiation and never attempted to remove my child... View More

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answered on May 1, 2024

If you have discovered that your name is on the Child Abuse Registry due to a substantiated case by DCBS (Department for Community Based Services) that you were not previously notified about, it's important to address this issue directly with DCBS. Generally, agencies are required to notify... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: About ATF without a warrant

Would I be justified in using the threat of deadly force (i.e. drawing a gun and telling them to hit the floor face down while I call the police) if ATF agent(s) forced their way into my house without a warrant? I don't expect this to happen, ever, but given the number of videos about the ATF... View More

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answered on Mar 28, 2024

It's crucial to understand that employing deadly force against law enforcement officers, including ATF agents, is highly risky and could lead to severe legal consequences, even if they enter your home without a warrant. Law enforcement agencies have specific protocols for conducting searches... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Q: Can police have your probation revoked?

I have a friend in Kentucky who is on probation. This friend was pulled over for excessive tenting and speeding 7 mph over. My friend informed the officers that he is in probation and the officer told him that he was not on probation, they also aggressively asked him to become an informant for... View More

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answered on Mar 13, 2024

While police officers can report probation violations to the probation officer or the court, they generally do not have the direct authority to revoke someone's probation. That decision is typically made by a judge during a probation revocation hearing. Here are a few key points to consider:... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Kentucky on
Q: Has my sons civil rights been violated for making a statement about an observation and getting suspended for it

He did not break any rules or disrupt any activity, he and I were told by administration that it hurt the teachers feelings by his statement “ linking up on the down low “ after he witnessed the teacher and a student do a handshake secretively

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answered on Feb 26, 2024

Determining whether your son's civil rights have been violated involves understanding the specific circumstances of the situation and the application of relevant laws and school policies. Generally, students have the right to free speech, but this right can be balanced against the... View More

1 Answer | Asked in Criminal Law, Consumer Law, Civil Rights and Constitutional Law for Kentucky on
Q: how would i go about filing criminal charges against ky. dcbs ensuring claims made against dcbs are fully investigated

how would i go about filing criminal charges against ky. dcbs office in such a way as to ensure that any claims made against that dcbs office are actually investigated as they should be and not just ignored or swept under the rug or tried to be turned into anything other than the actual criminal... View More

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answered on Feb 24, 2024

To pursue criminal charges against the Kentucky Department for Community Based Services (DCBS), you should start by gathering any evidence or documentation related to the alleged misconduct. This could include emails, letters, or records of interactions with DCBS officials. Additionally, it's... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: police were told not to enter my property and they entered anyway they were told to leave several times and refused. I

i told them several times to leave the property and then i said get the f**k off my property, they broke through a secure gate to arrest me on my porch for disorderly conduct was my 1ST and 4TH amendment rights violated

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answered on Feb 24, 2024

It sounds like there may have been a potential violation of your Fourth Amendment rights against unreasonable searches and seizures if the police entered your property without a warrant or probable cause. Additionally, if you explicitly instructed them to leave your property multiple times and they... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Kentucky on
Q: What do I do if the local sheriff's department is violating my rights?

Local sheriff's department kicks in the front door of a friend of mines home while she was not home and her landlord was not present. My friend comes home to find her door kicked in, house ransacked, and a note that said, "sorry we missed you, sheriff's department." Then the... View More

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answered on Feb 24, 2024

If the local sheriff's department kicked in the front door of your friend's home without a warrant and without her being present, it could potentially be a violation of her Fourth Amendment rights against unreasonable searches and seizures. Additionally, arresting your friend the next day... View More

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1 Answer | Asked in Traffic Tickets and Constitutional Law for Kentucky on
Q: IF I WAS STOPPED FOR A SEATBELT THAT I HAD ADJUSTED AT A RED LIGHT DUE TO BEING TWISTED UP CAN IT BE BEAT

DURING THE STOP I TOLD HIM HE COULD NOT SEARCH MY VEHICLE BUT HE DID ANYWAY AND USED EXCESSIVE FORCE HURTING MY SHOULDER WHAT CAN I DO

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answered on Jan 21, 2024

In Kentucky, if you were stopped for a seatbelt violation that you believe was unjustified, you can contest the ticket in court. During the hearing, you can explain the circumstances, such as adjusting your seatbelt at a red light, and present any evidence you have to support your case. It's... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Kentucky on
Q: was arrested for reciving stolen prop.500<1000 on jan 9th i did a couple nights in jail and went court on the 11th

My bond was reduced on the 11th and i boned out Go back to court in morning the 18th last night same cop that arreste me pulled me over and said to me that if i dont sitch on a friend of mine for drug that he would change the chargers i wa arrested for to make it a fenlony what i was arrested for... View More

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answered on Jan 18, 2024

If a police officer threatened to change your charges as a way to coerce you into providing information on someone else, this raises serious legal and ethical concerns. Law enforcement officers must adhere to legal and procedural standards when conducting investigations and making arrests.... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: Should I be arrested for a mis. tbut? Not read rights,in jail 6 hrs asked for call repeatedly &denied.Should I complain?

Was not read any rights and was arrested for tbut misdemeanor. Should I have been arrested if not felony and way under $1000. I cooperated and returned items. Wasn't charged with trespassing for those reasons. Detained 6 hours &asked many times for call to my mother who had my daughter... View More

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answered on Jan 13, 2024

It's important to understand that the legality of an arrest depends on the circumstances of the case and state laws. Being arrested for a misdemeanor, even if the value of the item is under $1000, can still be legal. However, the issue of not being read your Miranda rights is concerning,... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Civil Rights for Kentucky on
Q: Are cops allowed to search your house without u being present

If cops show up and im not home are they allowed to still kick the door in ans search the place

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answered on Jan 10, 2024

In the United States, law enforcement generally cannot search your house without a warrant or your consent if you are not present, except under certain specific circumstances. The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. Typically, a search... View More

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