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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Legal Malpractice for Kentucky on
Q: my boyfriends paid lawyer advised him wrong about a plea agreement deal to get him to sign. What should he do

my boyfriends paid lawyer advised him wrong about a plea agreement deal to get him to sign (told him they wpuld drop the PFO1 if he took 10 years at 20 percent, which was not the case. It was 10 years without possible probation/parole and charges were also enhanced by the PF01, which was also not... View More

Mr. Robert Z. Cashman
Mr. Robert Z. Cashman
answered on Jul 18, 2024

This seems like a serious question, and I recommend speaking to an attorney licensed to practice in Kentucky ASAP (Legal aid could probably work as well). The reason for this is even though you asked about malpractice, there could be steps your boyfriend could take to withdraw his guilty plea... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: I was arrested on a complaint warrant for 4th degree assault. If I have witnesses to the victim trying to break my door

The victim to assault was trying to enter my home I have witnesses can I fight this

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

You should definitely tell your attorney about these witnesses and provide their contact information so that an investigator can go obtain written statements from these witnesses. You should maintain friendly relationships with these witnesses and periodically check in with them to ensure you know... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: How to get help paying a bail
James L. Arrasmith
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answered on May 27, 2024

If you need help paying bail, there are a few options you can explore. First, consider reaching out to friends or family members who might be able to lend you the necessary funds. They might be willing to help you out in a difficult time.

Another option is to contact a bail bondsman. A bail...
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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

James L. Arrasmith
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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

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?
James L. Arrasmith
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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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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

.

James L. Arrasmith
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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?

James L. Arrasmith
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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

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

James L. Arrasmith
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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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1 Answer | Asked in Criminal Law for Kentucky on
Q: Is this legal?? I was bonded out and told to call about my court date I already had another warrant

I had an indictment that I had never been arrested on. My Bond was 5,000 cash. I it was out in three and a half hours. I was told to call about my court date because they didn't have a court date for me yet. When I called the next day that afternoon the lady that answered the phone said that... View More

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you've provided, it seems there may have been some misunderstanding or miscommunication between the court and the jail regarding your release and court date. It does not appear to be legally appropriate for a warrant to be issued for your arrest if you were not... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I convicted of receiving stolen property on a atv but I’ve got proof that I done a vin check and it’s registered me?

I have proof of the vin check that was done before i purchased it I had a notorized bill of sales I have a notorized statement from the notary that notorized the bill of sale when i purchased it and I took that bill of sale and now it’s registered in my name and I have a clear title that’s in... View More

James L. Arrasmith
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answered on Apr 7, 2024

Based on the information you've provided, it seems unlikely that you would be convicted of receiving stolen property if you have clear evidence showing you performed due diligence before purchasing the ATV and have properly registered it in your name. However, the specific details and strength... View More

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

James L. Arrasmith
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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

James L. Arrasmith
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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 Criminal Law for Kentucky on
Q: My friend is in jail. They were bonded (ROR)on all charges except court fines and fees. The jail said the would get jaI

Credit starting today to pay those fines. But that I could not pay the fine for them to be released. Is this true? I don’t believe it to be accurate. I can go online and have the ability to pay because I started too. Could they really still hold him?

James L. Arrasmith
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answered on Mar 3, 2024

In some jurisdictions, individuals in jail can receive credit towards their fines and fees by serving time, known as "jail credit." This can be an option for those who are unable to pay the financial obligations imposed by the court. However, the specifics of how jail credit applies can... View More

1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: How much time am I facing for leaving a halfway house on ankle monitor but have not cut it off

I left cts Russell in Louisville Kentucky on hip program but have ankle monitor on still

James L. Arrasmith
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answered on Feb 28, 2024

It depends on the specifics of your case, but here is some general information that may be helpful:

- Leaving a halfway house without authorization is usually considered escape or absconding supervision. This can result in new criminal charges.

- The fact that you still have the...
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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Kentucky on
Q: Can personal property be seized without a warrant? Is it legal to obtain a search warrant after the fact? ( like weeks).

Can evidence if any be used againt a person if Miranda Rights were not read before seizure of personal property? Law enforcement is trying to use my personal property for someone to obtain evidence in someone else’s legal matters, is this legal and orderly steps to seize property?

James L. Arrasmith
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answered on Feb 28, 2024

In general, law enforcement typically needs a warrant to seize personal property, unless certain exceptions apply, such as exigent circumstances or consent. Obtaining a search warrant after the fact, especially weeks later, could raise legal questions about the validity of the search and seizure.... View More

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1 Answer | Asked in Criminal Law, Consumer Law, Civil Rights and Public Benefits 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 initiate a process against the Kentucky Department of Community Based Services (DCBS) for alleged criminal violations, including potential civil rights violations under "color of law," you would typically start by documenting all relevant incidents, including dates, times, and... 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 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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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Am I facing jail time? Or will they let me do rehab? Respondent has asked for jail time or rehab.

In KENTUCKY- facing assault fourth degree, public intoxication 1st & 2nd offense, breaking terms of release on an ROR,& criminal mischief. Separate dates of charge but they’re making me go to court at the same time for both. The respondent is my baby daddy ‘& he has asked for... View More

T. Augustus Claus
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answered on Feb 7, 2024

In Kentucky, facing charges such as fourth-degree assault, public intoxication, breaking terms of release on an ROR, and criminal mischief presents a serious legal situation that could potentially lead to jail time, depending on the specifics of your case, your criminal history, and the discretion... View More

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