Lawyers, Answer Questions  & Get Points Log In
Kentucky Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Kentucky on
Q: Can an officer charge you with possession after the vehicle gets to the impound lot and he goes later and "searches" car

After the vehicle sat there after first tow truck "couldnt haul it" then another tow driver hauled it to their tow yard and seen my guns in my vehicle and called the officer and had him come back out to his tow yard and then they supposedly did a search and found "drugs!" While... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 16, 2021

Inventory searches are semi-protected under the law. It really depends on the facts and what probable cause the police had and if anything was in plain view. I think you need to hire an experienced criminal defense attorney immediately.

View More Answers

2 Answers | Asked in Criminal Law and Public Benefits for Kentucky on
Q: I have a court hearing coming up that says "Show cause deferred/installment payment". What does this mean?

My restitution on this case is over 33,000 but I have paid over 9,000 on this cause in the past 3 years. Will the judge put me in jail because it's not paid in full by the time I go to court?

Leland Hulbert
Leland Hulbert answered on Sep 11, 2021

It depends on the judge and it depends how much you have been paying lately. Normally judges will be lenient if you’re doing the best you can but if you refused to pay or haven’t paid a lot in the last few months they could give you an ultimatum and say you have to pay X amount with a a certain... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Probate for Kentucky on
Q: Cops pulled me and my friend over because he didn't use a turning single but they were following us from five star

Cops pulled me and my friend over because he didn't use a turning single then follow me up to my apartment and searched but didn't have a warrant and they found 3 meth pipes and meth on a plate and took pictures but didn't arrest me was I charged? What will happen? They had no... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 11, 2021

You need to hire and experienced criminal defense attorney to call the police. Narcotics detectives do this kind of thing all the time they try to shake people down to go after the bigger fish in the drug chain. If you allow them to search your apartment then they can search. If you told them they... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Kentucky on
Q: Who is responsible for transporting inmates to court if they are being held in another county?

My friend was sentenced to 3 years in our county but was relocated to a county jail 2 1/2 hours away after briefly being held in lmdc immediately after sentencing. He has a shock probation hearing on Tuesday (9/7) but again the county jail he’s at is 2 1/2 hours away. He has been trying to ask... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 5, 2021

The department of corrections has complete control over these matters. Either the housing county has to bring him or there has to be transportation initiated from the county of the hearing. There’s been a lot of problems over the last year with Covid and certain counties not wanting to receive... Read more »

2 Answers | Asked in Criminal Law, Family Law and Sexual Harassment for Kentucky on
Q: I was abused as a child I'm now an adult how do I access those records

This was from 1981how do I find out what happened?

Leland Hulbert
Leland Hulbert answered on Sep 3, 2021

Are you talking about Court records, police records or medical records? For Court records I will go to the county circuit court clerks office and they may be able to find the records or get you some case information.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: How do i summit a motion before the judge? to get a bond lowerd without a attorny
Timothy Denison
Timothy Denison answered on Sep 2, 2021

You file it with the clerks office although only the defendant or a lawyer can file such a motion.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: How do i get a bond lowerd on 2 counts of traffiking meth under 2 grams and organized crime? Never Been in trouble befo

how do i get there bond lowerd they have 47,000 in the bank but have to get out to get there money

Leland Hulbert
Leland Hulbert answered on Sep 2, 2021

You can get a bond lowered by making a motion before the judge. You can also have an experience defense attorney discuss the case with the prosecutor. If they are trying to get money out of the inmates bank account the inmate can sign a power of attorney allowing a relative to withdraw that money... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: How many attempts will one county make to your residence to execute a warrant from another county.
Leland Hulbert
Leland Hulbert answered on Aug 31, 2021

That is completely up to that County and their resources and the type of case. Typically the more serious the case the more often they will come to your house. The warrant will also be entered into a database and served on you whenever you get arrested or stopped by the police.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: If you were given the keys to a vehicle and did t return it when you were supposed can you be charged with grand theft
Timothy Denison
Timothy Denison answered on Aug 30, 2021

Technically, yes, although if it was returned later it probably is an unauthorized use, which is a misdemeanor.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: I learned that my attorney filed a Motion to Suppress without discussing it with me first.

I learned than my attorney filed a Motion to Suppress a key issue with my case, but It was never discussed with me. He is keeping this information from me for some reason. I feel he has breached my trust and I need to find a new Attorney. Does this sound reasonable? Should it not be common... Read more »

Leland Hulbert
Leland Hulbert answered on Aug 27, 2021

If your attorney filed a motion to suppress that is likely going to help you. Your attorney is free to fire you and you are free to fire your attorney at any time but you should definitely have a conversation with them before doing so.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: I put a personal item i found in the gas station parking lot, on the counter inside as to turn it in, then walked away.

I never looked inside as it wasn't mine. I got the items I went to gas store for, paid, and left. If there was something illegal in the pouch, can I be charged when all I was doing was turning it in so it would hopefully be returned to it's rightful owner?

Leland Hulbert
Leland Hulbert answered on Aug 26, 2021

You are not likely to be charged. Technically it’s possible to charge you with possession even if the possession was brief but I’m sure there is video surveillance at the gas station. Someone would have to report you and the police would have to investigate. It doesn’t sound like you have too... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: A warrant was filed on my husband for failing negative for THC for pretrial program he was arrested what is goi happen

My husband is being accused of Watton endangerment 1st degree (our landlord tried to have a old school vehicle that we previously had permission to be parked in our driveway where we rented towed) we were confused when woke up to the maintenance man knocking on our door saying we'd been... Read more »

Leland Hulbert
Leland Hulbert answered on Aug 25, 2021

Your question is a little bit confusing but generally marijuana will result in a bond violation. It’s up to the judge what to do with that violation. I would hire an experienced criminal defense attorney to discuss options with the prosecutor.

View More Answers

1 Answer | Asked in Criminal Law and Child Support for Kentucky on
Q: I’m $65,000 in arrears on child support and haven’t missed a payment in 6 years, I’m gonna be on parole forever?

The sentencing judge told the prosecutor that I would never pay it off in open court. My max expectation date is 9/7/21 and my parole officer just told me I had to stay on supervision until it’s paid off! I pay my current and pay towards the arrears. This is a life sentence on parole for child... Read more »

Timothy Denison
Timothy Denison answered on Aug 24, 2021

Unfortunately, there is nothing you can do except pay off the arrears.

2 Answers | Asked in Criminal Law for Kentucky on
Q: I ran from a few different cases. I jus didn't go to court or go check in with anyone from parole

in criminal court on poss of meth the day of trial I didn't go I need a lawyer n also get on the docket

Timothy Denison
Timothy Denison answered on Aug 23, 2021

What is your question?

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: If an inmate gets approved for parole, but also has been offered shock probation, which one is more desirable?

I have a friend who’s a current inmate sentenced to 3 years but got over 500 credit days from time already served and good time. He says he has been given paperwork in prison saying he’s being considered for parole at the end of this month (August) but his eligibility date isn’t until October... Read more »

Leland Hulbert
Leland Hulbert answered on Aug 23, 2021

Shock probation is likely his better option because if he violates he goes back in front of a judge and prosecutor that have some discretion to leave him on probation. If you violate parole it is a much more basic hearing with a rubber stamp of violation with a likely return trip to prison.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: Is it wrong to hire a different attorney if mine is too busy for me?

I have hired an attorney for the past few months to handle my case but honestly I don’t feel like he prioritizes my case and my court dates. He doesn’t show up to most of them and they end up always getting rescheduled. I asked him to file a motion for something time sensitive and he said he... Read more »

Leland Hulbert
Leland Hulbert answered on Aug 11, 2021

The attorney -client relationship can be ended by either the attorney or the client. With that said it’s better to have a frank discussion with your attorney and tell them your expectations and if they can’t meet those you should hire someone that can. I think most attorneys would agree... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: My boyfriend had an epo issues against him &violated the order 08/06 &was arrested but just got served the papers today

My boyfriend just got served the papers today 08/10 but got arrest for violating the epo on 08/06 even though he was not served the papers .

Leland Hulbert
Leland Hulbert answered on Aug 10, 2021

I don’t understand your question? It typically takes a few days to serve papers on someone

View More Answers

2 Answers | Asked in Criminal Law and Probate for Kentucky on
Q: How long does it typically take for a judge to consider a motion for shock probation?

I see a lot of info around the internet for how long they have to approve it, but I’m struggling to find how long the timeframe typically is between the day the motion is filed, to the time the judge approves or denies it. I see things discussing they have a maximum of 60 days to consider it and... Read more »

Leland Hulbert
Leland Hulbert answered on Aug 7, 2021

There are statutory limits as to how long Judge can take but if you’re looking for how long it typically take it takes it really depends on each judge. Shock probation lies in the sole discretion of the sentencing judge. I would say a general timeline is filing the motion having the court hear... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Kentucky on
Q: If you been in jail 60 days an you have not been indicted an a motion for your release has been filed how long can they

Hold you before you get out ofter a motion for failure to indict is filed

Timothy Denison
Timothy Denison answered on Aug 3, 2021

Until the judge signs the order, which is usually within a day or two.

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.