Lawyers, Answer Questions  & Get Points Log In
Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Does the defendant need permission from the prosecutor to have witnesses? Do they have any say in who it can & cant be?

If the prosecutor doesn't want the defendant to bring any witnesses will that have any affect?

Nancy E.S. Calloway
Nancy E.S. Calloway answered on Jul 14, 2020

There is a time and a place to bring witnesses. The prosecutor does not have a say in it. Witnesses are normally not called unless a contested motion or trial is scheduled. A prosecutor may say it is not a hearing in which witnesses would be heard. For example, if the hearing is an arraignment... Read more »

1 Answer | Asked in Criminal Law, Child Custody and Child Support for Kentucky on
Q: My cousin is 16 years old & was put out She had an runaway charge but was caught what’s most likely to happen next ?

She was working & living with a friend, her legal guardian which is her older sister. doesn’t want her back home because they had an argument about her 16 year old sister crushing on her older sister boyfriend ( Which isn’t true ) she’s just insecure because the younger sister is... Read more »

Nancy E.S. Calloway
Nancy E.S. Calloway answered on Jul 14, 2020

I would like to answer your question, but the way it is put does not compute. If the guardian put her out, it makes no sense that she would file run away charges to get her back. It may be that you do not know the whole story, but only your cousin's explanation. Since she is considered a... Read more »

1 Answer | Asked in Criminal Law for Kentucky on
Q: Technical Parole Violation (such as associating with a felon) when the only thing holding you on paper is restitution.

What are the chances of him being revoked, when he should have been off parole 8 months ago, but is still on paper due to owing restitution? He has a great payment history and hasn't given p&p any trouble, completely compliant. He was associating with a felon that ended in some trouble (he... Read more »

Timothy Denison
Timothy Denison answered on Jul 10, 2020

As long as he continues to pay his restitution, he should be fine. If the probation officer asks, he will need to be be forthright and truthful; however, I would not volunteer that information unless or until he is charged with something.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I need a criminal lawyer for a Violation of probation case in Adair county ky.
Timothy Denison
Timothy Denison answered on Jul 6, 2020

Check with your local bar association or legal aid society. They maintain a referral list.

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for Kentucky on
Q: Cease and desist legality?

I was recently threatened with a cease and desist from a very wealthy family of a previous friend. I am a college student and this friend hid her pregnancy from her family and has documented psychiatric issues. she was heavily drinking and i sent screenshots of texts between the two of us to her... Read more »

Timothy Denison
Timothy Denison answered on Jul 5, 2020

Not unless it is issued by a court of competent jurisdiction.

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: I need some advice my fiance is looking at a 3rd degree charged the paperwork that was gave to him the dates that the

Person said that it was done he was in jail on them dates.. An they also said they have a video. He dont know what might happen.. Im trying to get answers on what might happen will it be thrown out bc he was in jail or what?

Timothy Denison
Timothy Denison answered on Jul 4, 2020

Third degree what?

1 Answer | Asked in Criminal Law for Kentucky on
Q: What are my rights when I'm in my car and surrounded by rioters who are trying to remove me from the car?

I don't care if they kick my car but if they start breaking windows or using molotov cocktails on my vehicle, what are my rights?

Timothy Denison
Timothy Denison answered on Jul 3, 2020

You have the right to use deadly force to protect yourself and others. You have the right to use reasonable force to protect your property. And, most importantly, don’t shoot them in the back if they are running away.

1 Answer | Asked in Criminal Law, DUI / DWI and Civil Litigation for Kentucky on
Q: Accepted a no restitution plea deal, but at sentencing the judge changed it. Is that allowed

Dui/ passenger injured. Accepted a 2nd degree assault but misdemeanor dui.

Timothy Denison
Timothy Denison answered on Jul 1, 2020

Yes. The judge has the authority to add any conditions he deems appropriate.

1 Answer | Asked in Criminal Law for Kentucky on
Q: How long after the pre-trial is the actual trial?
Timothy Denison
Timothy Denison answered on Jun 29, 2020

Varies widely. Usually 2-5 months.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Are first hand witnesses required to attend a trial? Minors or adults?
Timothy Denison
Timothy Denison answered on Jun 28, 2020

If they’ve been subpoenaed, yes!

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can you testify as a witness at a trial if you weren't asked to? Or does someone need to request that you testify?
Timothy Denison
Timothy Denison answered on Jun 28, 2020

The prosecutor or defense will decide Who they want to testify and subpoena them.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If a minor is a witness, will they be forced to attend the trial?
Timothy Denison
Timothy Denison answered on Jun 28, 2020

Yes, but they will be sequestered outside the courtroom until time for them to testify.

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: How many trials does it take to determine if someone is guilty or not if they are being charged with 1st degree assault?
Timothy Denison
Timothy Denison answered on Jun 27, 2020

You only get one trial absent some error.

2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: If someone is charged with first degree assault but it was in self defense, will their charges be lowered or drop at all

The person being charged was threatened death and then hit with a belt across the back, they responded by hitting the other with a hammer to the head (was on neither persons property, both were men in early 60s with same height and weight of 200lbs)

Matt Schalk
Matt Schalk answered on Jun 27, 2020

Self defense it’s just that, a defense. It may be used as a negotiating tool to lower the charge, or it can be used as a defensive strategy at trial.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: A person threatens to kill someone & hits them w/ a belt, then the victim hits the other w/ a hammer. Who gets charged?

It occured on neither of their properties, and the person with a hammer didn't provoke them at all. The belt-wielding man came with the belts in hand ready to use, with many (realistic) death threats. The second man only pulled out the hammer after being hit. (they didn't bring it for... Read more »

Matt Schalk
Matt Schalk answered on Jun 27, 2020

It is possible that both could be charged either with a felony or a misdemeanor. That would be up to the investigating officer and/or the prosecutor to decide.

View More Answers

1 Answer | Asked in Criminal Law for Kentucky on
Q: hello i am from kentucky and am wondering if a minor could carry a m3 knife from world war 2 openly/concealed
Timothy Denison
Timothy Denison answered on Jun 24, 2020

No, bc the blade length can not exceed 4 inches.

2 Answers | Asked in Criminal Law for Kentucky on
Q: In the state of ky what am I facing for a first violation on felony probation (5year). Violation is failure to report.
Brent Cox
Brent Cox answered on Jun 22, 2020

Your worst case scenario is being revoked and given your 5 years to serve. However, your attorney might be able to negotiate something better than that. Good luck!

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: Kids vandalized

My daughter and a friend of hers decide to make a poor choice and vandalized a house,and old barn. What could happen to them if someone had video tapes and pull it. They are 17 and 15 what would the worst thing to happen to them and what do I need to do

Matt Schalk
Matt Schalk answered on Jun 22, 2020

It would depend on the amount of damage and the criminal charges levied. Juveniles that commit higher felonies can be tried as adults. I doubt this would be one of those cases. My guess, and it is only a guess, is that if they are first time offenders they may be looking at some detention but... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Family Law for Kentucky on
Q: 7 year old daughter is physically and verbally violent, destroys our apartment, mainly her room, homicidal/suicidal

My 7 year old daughter is physically violent, verbally violent, self harms by headbutting windows, broke her bedroom door in half, threatens to kill us (detail of how too) and wants to kill her siblings (ages 10, 5, 2) and her cousin (age 11). Runs away, wants to get hit by a car. One of her run... Read more »

Timothy Denison
Timothy Denison answered on Jun 17, 2020

Pressing charges won’t accomplish much. You should have her evaluated at Central State and look into having her committed to an institution.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.