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Kentucky Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kentucky on
Q: What does felon in possession of a firearm specifically implying? Within arms reach? On his person?

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

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Libel & Slander, Civil Rights, Communications Law and Constitutional Law for Kentucky on
Q: Need legal representation reputation against a sober living / Transit home in Kentucky

The sober living / Transit home is recovery Plus for women Madisonville, KY

Timothy Denison
Timothy Denison
answered on Jul 21, 2023

Check with your local bar association or legal aid society.

1 Answer | Asked in Civil Rights, Constitutional Law and Small Claims for Kentucky on
Q: Issue cashing check

Went to big name store to cash check made to me on behalf of child..the check was from the store claims dept. was told couldn't cash until certain time but they were obviously open..and they are a big corporation..also the check is not large...the check had 1 letter misspelled in my last name... View More

Timothy Denison
Timothy Denison
answered on Jul 15, 2023

Unfortunately, check cashing is a privilege, not a right. Hence, it does not rise to the k look Evelyn of discrimination.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Kentucky on
Q: Preliminary hearing court appointed attorney not there. Not allowed to discuss case with the fill in attorney. Illegal?

The court appointed attorney for defendant was not present during the felony preliminary hearing. Due to death of mother apparently. Another attorney was sent from same district. Defendant was not allowed to speak with attorney who was present prior to or after proceedings. Original court appointed... View More

Timothy Denison
Timothy Denison
answered on Jun 18, 2023

It is not illegal although it may be ineffective assistance of counsel. Ask your attorney to meet, get all the details and then make a motion to have another preliminary/probable cause hearing before the grand jury indicts.

1 Answer | Asked in Foreclosure, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: What does "the facts constituting the offense" mean and how detailed is it required to be?
Timothy Denison
Timothy Denison
answered on Jun 15, 2023

It means what you did to become charged with a crime. Each element of any offense must be proven beyond a reasonable doubt.

1 Answer | Asked in Criminal Law, Real Estate Law and Constitutional Law for Kentucky on
Q: After seeing the apartment upstairs remodeled, the guy renting the restaurant downstairs decided he wanted the apartment

I had a verbal agreement with the lady that if the person running downstairs did not want the unit she would let me remodel it . She didn't want him to back out of the lease for $3,400 a month so she gave him a key to my apartment and let him proceed with getting me arrested six times in 22... View More

Timothy Denison
Timothy Denison
answered on Jun 13, 2023

Most likely the statute of limitations has run for anything occurring during Covid or 2 1/2 years ago. You may want to consult a civil rights attorney to be absolutely sure.

1 Answer | Asked in Employment Law, Business Law and Constitutional Law for Kentucky on
Q: My husband has an accusation against him and has been locked out of things while an investigation is moving forward - t

The company refuses to disclose the accusations and said in 21 days they will disclose upon findings in the meantime he is prevented from working. Is that legal?

What I should also say is he is the President of a Non-profit LLC

Timothy Denison
Timothy Denison
answered on Jun 7, 2023

Yes. It is legal and you really can’t do much until the investigation is completed.

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... View 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... View 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... View 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... View 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... View 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... View 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.

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