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Kentucky Criminal Law Questions & Answers
1 Answer | 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

2 Answers | Asked in Criminal Law for Kentucky on
Q: If I have a misdemeanor warrant in Hamilton County TN will I be arrested in Jefferson County KY for it?

I don't know how a Commonwealth State works or even what it is. I want to do the right thing. The warrant was issued for a violation of order of protection in Chattanooga TN.

Leland Hulbert
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Leland Hulbert
answered on Feb 3, 2024

If you have an active warrant and you’re pulled over, you would be detained in Kentucky, and then Tennessee would be notified and they would have to decide if they want to come pick you up and bring you back to Tennessee. The process could take 30 days. My advice is to hire a lawyer in Tennessee... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Kentucky on
Q: Can someone name people's names on an assault 4 case and to add restraining order for people who wasn't even there

This girl is trying to add Hispanic which is my sister's boyfriend who she wants as her boyfriend adding him on a restraining order and he said he didn't want no part of but she said her attorney is handling it so he didn't have to be there she's just writing his name without... View More

James L. Arrasmith
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answered on Jan 30, 2024

In cases involving restraining orders, the individual seeking the order can request that certain people be included in the order. However, typically, there needs to be a reasonable basis for including each person. This usually involves demonstrating to the court that the person named poses a threat... View More

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Civil Rights for Kentucky on
Q: I have concerns about harassment from my Ex -Husband and his wife. Divorce occurred 11/2016.

He is already on his second marriage past ours. His current wife sent downgrading, belittling text messages at all different hours and times of day night. Not including or limited to 4:02 am, midnight Am/PM, etc. My ex husband did and does yeh same thing. Started really bad October 2022, in May... View More

James L. Arrasmith
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answered on Jan 22, 2024

Dealing with ongoing harassment from an ex-spouse is a difficult and distressing situation. It's important to take steps to protect yourself. Since you've already sent a cease and desist letter and the harassment has continued, the next step may be to consider legal action.

In...
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2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: My cousin got locked up for 1st d. trafficking of meth. I'd like to know how much time she's looking at. Please help

This isn't her 1st drug offense, but 1st trafficking offense among 2 other charges. I'm also aware that with trafficking she can be charged by the state and federally. Can you explain that? I'm trying to figure out how much time she's looking at and could use some guidance.... View More

James L. Arrasmith
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answered on Jan 23, 2024

Unfortunately I do not have enough details about your cousin's specific case to estimate potential sentencing. Trafficking charges and sentences vary greatly depending on the amount trafficked, criminal history, whether state or federal charges are pursued, and other factors. However, I can... View More

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2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for Kentucky on
Q: I've had my spinal fluids sold,situation is what I can explain is like a reality TV show ran by ex girlfriend whatdoido

Having your consciousness uploaded online decoded by algorithms to speech, interfaced to 2 virtual reality stadiums, and one Facebook studio. The general public was able to log in to the one (incases the other) These people wrote there own code like a platform then connected this to me to this is... View More

James L. Arrasmith
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answered on Jan 21, 2024

I'm truly sorry to hear about the distressing situation you've described. It sounds like a severe invasion of privacy and potential criminal activity. In such complex and unusual circumstances, it's crucial to take immediate action to protect your rights and well-being.

First...
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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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2 Answers | Asked in Copyright, Criminal Law and Intellectual Property for Kentucky on
Q: CAN I SELL TRUMP'S PRODUCT WITH HIS PICTURE I DOWNLOADED FROM GOOGLE? IT IS A MUG WITH HIS PICTURE ON IT

THIS IS NOT THE FAMOUS MUGSHOT BUT A DIFFERENT PICTURE I GOT FROM A CNN PAGE

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

Your reproduction and distribution of this photograph may infringe upon the photographer's intellectual property rights (copyright). It is always best to identify the owner of a photograph or other artistic work and obtain rights clearance or a license (typically granted through contract with... View More

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2 Answers | Asked in Copyright, Criminal Law and Intellectual Property for Kentucky on
Q: CAN I SELL TRUMP'S PRODUCT WITH HIS PICTURE I DOWNLOADED FROM GOOGLE? IT IS A MUG WITH HIS PICTURE ON IT

THIS IS NOT THE FAMOUS MUGSHOT BUT A DIFFERENT PICTURE I GOT FROM A CNN PAGE

James L. Arrasmith
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answered on Jan 19, 2024

No, you generally cannot sell a product with Donald Trump's picture on it without permission, even if you downloaded the photo from Google or another news site. Here's why:

- Donald Trump's likeness and image are protected under personality rights and copyright laws. This...
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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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1 Answer | Asked in Criminal Law for Kentucky on
Q: I rented a U-Haul and my friend was supposed to return it but stole it instead and nowI’m facing gta charges

What do I do

T. Augustus Claus
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answered on Dec 29, 2023

If you rented a U-Haul and your friend, who was supposed to return it, instead stole it, resulting in GTA (Grand Theft Auto) charges against you, it's crucial to take immediate action. First, report the theft to the police and provide them with all relevant details, explaining that your friend... View More

1 Answer | Asked in Business Law, Employment Law and Criminal Law for Kentucky on
Q: Can an unsupervised probationer half to give consent to a urine sample during a ground search at a business.

My work place is gonna be being searched by an on going investigation of money laundering and prostitution and drugs.

T. Augustus Claus
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answered on Dec 28, 2023

When a workplace is subject to an ongoing investigation for various illegal activities, including money laundering, prostitution, and drug-related offenses, law enforcement authorities may conduct searches. During these searches, individuals on unsupervised probation may be asked to provide consent... View More

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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2 Answers | Asked in Criminal Law for Kentucky on
Q: What happens if there’s a 5 gram drug quantity weight discrepancy between LEO and the crime lab in Kentucky courts

Law enforcement weighed and took pics of drug evidence weighing 9 grams, but when the lab report came back it said there was 14 grams

T. Augustus Claus
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answered on Nov 22, 2023

If there is a discrepancy in the weight of drug evidence between law enforcement and the crime lab, it could have a significant impact on the outcome of a criminal case. In Kentucky, the weight of drug evidence is often used to determine the severity of the crime and the appropriate punishment. For... View More

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1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: question regarding false imprisonment or wrongful detention

in 2009 when i was 18 years old i was convicted of unlawful transaction with a minor and served a few years in prison. released in 2014 and on probation for 5 years following until released in 2019 from probation. still having to register as a sex offender. in july 2023 i was arrested by the local... View More

James L. Arrasmith
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answered on Nov 18, 2023

I understand your concern about being arrested twice for the same non-compliance issue with the sex offender registry. This situation appears to raise questions about false imprisonment or wrongful detention. It's essential to seek legal representation immediately to address this matter... View More

2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Is this right? double jeopardy? this could be a case....

i was arrested in nov 22 and it was ruled upon by ealier this year....after 5000 cash bond was picked up (2 days later) i was rearested w no new charges on indictment warrant for the felony possession but it had already been ruled on. now i have been infront of judge about 10x and still no... View More

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answered on Nov 18, 2023

In your situation, if you were re-arrested for the same charge that had already been ruled upon, it raises concerns about potential double jeopardy, which is prohibited under the Fifth Amendment of the U.S. Constitution. Double jeopardy means being tried twice for the same offense after a ruling... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I’m in Kentucky and I have this unnatural fear that I might have a warrant. Is there a way to find out online?

I don’t think I would have a warrant out but I have moved houses a few times and recently my husband received a jury summons in the mail and it occurred to me, if they have ever sent a summons to a previous location I wouldn’t know and thus, would have missed it. When I googled the punishment,... View More

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answered on Nov 13, 2023

In Kentucky, you can check for any outstanding warrants against you without directly involving the police, which should alleviate your concerns about immediate arrest. Many counties in Kentucky have online databases where you can search for warrants.

You can start by visiting the website...
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3 Answers | Asked in Car Accidents and Criminal Law for Kentucky on
Q: I left the scene of an unsafe multi car accident and filed a police report online a few hours later

I drove into a multi car accident and another car hit me from behind. I didn’t hit anyone. It was on a very busy interstate, and I felt it was unsafe and no police were on scene yet. I drove to the next exit and assessed the damage, which wasn’t terrible, and called my insurance company. I then... View More

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answered on Nov 12, 2023

Leaving the scene of an accident, even if you did not cause it, can potentially lead to criminal charges and penalties under Kentucky law:

- Kentucky law requires drivers involved in an accident to remain at the scene and provide their contact/insurance information to the other parties...
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