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Kentucky Constitutional Law Questions & Answers
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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: I feel like my right to a speedy trial has been completely ignored. charged 8 years ago and still no indictment

Charged with Felony theft in 2015 case was bound over to grand jury in district court (Kentucky). To this day, case has not been presented to grand jury for indictment. Charge appears on background check and im certain it has kept me from being hired at more than one job that I applied for and was... View More

James L. Arrasmith
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answered on Jan 5, 2024

Your concern about the delay in your case is understandable. The right to a speedy trial is a constitutional right, but the interpretation of what constitutes a "speedy" trial can vary based on the circumstances of the case.

In Kentucky, if your case has been bound over to the...
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2 Answers | Asked in Constitutional Law, Gov & Administrative Law and Municipal Law for Kentucky on
Q: I work at a church in Kentucky. We have a school, but it’s a separate building. Am I allowed to carry a concealed weapon
James L. Arrasmith
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answered on Dec 30, 2023

In Kentucky, the laws regarding carrying a concealed weapon, especially in places like schools and churches, can be quite specific and are subject to certain conditions and restrictions.

For churches, the ability to carry a concealed weapon often depends on the church's own policies....
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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Q: is it legal for a police department to not give a police report to me as the parent ?KRS.61878(1)(i) my child died
James L. Arrasmith
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answered on Dec 5, 2023

Under Kentucky law, including KRS 61.878(1)(i), there are certain circumstances where a police department may withhold a police report, especially in cases involving an ongoing investigation or where the release of information could compromise the investigation. However, as the parent of a deceased... View More

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1 Answer | Asked in Constitutional Law and Landlord - Tenant for Kentucky on
Q: My landlord is doing construction work in our home that we rent. What are my rights around aspestos abatement?

Our home that we rent was built in 1948 and is very likely to contain aspestos. My wife has asthma and we are concerned. Our landlord has so far refused to do testing and abatement. How can I get them to comply? What are state laws around tenant rights pertaining to aspestos abatement requirements... View More

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answered on Feb 2, 2025

If your rental home was built in 1948, there is a strong chance it contains asbestos, especially in materials like insulation, flooring, and popcorn ceilings. When a landlord undertakes construction work, they must follow state and federal asbestos regulations to prevent exposure. In California,... View More

1 Answer | Asked in Domestic Violence, Civil Rights and Constitutional Law for Kentucky on
Q: Who can i sue for not telling me my rights as a crime victim in ky

I had a dvo against my husband that he broke 4 times and the last time he broke it he strangled me. The commonwealth took over the case and charged him with strangulation in the first degree and breaking dvo multiply times. He was able to get out of jail and go straight to courthouse with his... View More

James L. Arrasmith
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answered on Oct 13, 2024

I'm really sorry to hear about everything you've been through. It’s important to reach out to a lawyer who can review the details of your case and advise you on possible legal actions. They can help determine if there were any violations of your rights and who might be responsible.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Q: Seeking recommendations for an attorney that specializes in civil rights & police misconduct with proven results in KY.

for false arrest, false imprisonment, malicious prosecution, failure to intervene and excessive unreasonable bond. This is a gross miscarriage of justice that has ruined our business and life over the last 10 months and we need help.

Need an aggressive attorney not afraid of small town... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm truly sorry to hear about the challenges you're facing. It's important to connect with someone who can fiercely advocate for your rights and help navigate the complexities of your situation.

Start by reaching out to the Kentucky Bar Association, which can provide...
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1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: Is it legal for security cameras to be installed in bedrooms of a female recovery house?

Hi I am from Louisville KY.

I live in a sober living house for females. We have shared common areas and share a bedroom with up to 6 other females. The bedrooms are all connected and you can see from one to the next with no doors installed. We share all common areas with installed... View More

James L. Arrasmith
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answered on Oct 2, 2024

Installing security cameras in bedrooms, especially in a shared living environment, raises significant privacy concerns. Generally, individuals have a reasonable expectation of privacy in their sleeping areas. In many jurisdictions, including Kentucky, placing cameras in private spaces like... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Internet Law for Kentucky on
Q: My family is been targeted by tourture ware . I know who is targeting me but I don't know how to end it . I need help
Timothy Denison
Timothy Denison
answered on Sep 8, 2024

Contact the cyber crime division of your local police department and make a report so they can investigate.

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1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Employment Law for Kentucky on
Q: Department of corrections placed my fiance in The Brady center can I file an action due to him dying in the facility

I know the people that work there are supposed to do checks ever so often they didn't do so or they would have seen him brain dead he laid there so long

James L. Arrasmith
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answered on Jul 27, 2024

I understand how devastating this situation must be for you. If you believe that the Department of Corrections staff at The Brady Center were negligent in their duty to perform regular checks, leading to your fiancé's death, you might have grounds to file a legal action. It’s important to... View More

3 Answers | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: DO we have the right o travel??
Timothy Denison
Timothy Denison
answered on May 15, 2024

Of course. Subject to all the rules and regulations of the road, yes.

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2 Answers | Asked in Appeals / Appellate Law, Child Custody, Constitutional Law and Federal Crimes for Kentucky on
Q: In the past year I've realized I'm being used as intellectual property, how can I see?

Also I have been iD fraud, Microsoft and 2 hospitals leaked my records, I lost my apartment vehicle and job after a dui I was innocent of, the next day cps took my daughter... now looking back it's clear to me that Shelbyville ky has done this same thing to many women. Federal housing,... View More

Timothy Denison
Timothy Denison
answered on May 10, 2024

Talk to a local lawyer. Much more info is needed to ascertain the intellectual property you referenced.

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2 Answers | Asked in Personal Injury, Civil Rights, Constitutional Law and Federal Crimes for Kentucky on
Q: In a situation where if I can not find someone to represent me I'm a dead man. Human rights, will have to be signed over

Extream stalking harrassement, terror network contractors son is dating my ex. Everything they done was shared via www.

Timothy Denison
Timothy Denison
answered on Jan 16, 2024

What is your question?

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2 Answers | Asked in Communications Law, Constitutional Law, Domestic Violence and Sexual Harassment for Kentucky on
Q: Hey I’m one of the victims from this case is there anyway that I can see this case , how can I go about getting it open

I want to get this case published as me being one of the victims , I’m trying to see how I go about this situation .

Timothy Denison
Timothy Denison
answered on Dec 11, 2023

What case are you trying to see?

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1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: can I be charged or sued for posting redacted police body camera videos?

I receive these body camera videos through open records requests from Departments within Kentucky only.

Timothy Denison
Timothy Denison
answered on Oct 31, 2023

No, you cannot.

2 Answers | Asked in Traffic Tickets, Car Accidents, Civil Rights and Constitutional Law for Kentucky on
Q: Since constables don't answer emergency calls do they need further training also can they make arrest at roadchecks?

The office of the constable are doing traffic stops in these smaller counties is that legal?

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answered on Oct 20, 2023

In Kentucky, constables are elected officials who have law enforcement powers, but their duties and responsibilities can vary from county to county. Constables typically have the authority to make arrests and serve civil process, but they may not be responsible for answering emergency calls in the... View More

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