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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: I’m unable to pay my court fines and missed the last court date, what do I do?

I'm seeking guidance and advice regarding a situation I am facing with being unable to pay court fines. Unfortunately, I have already missed the last court date, which was meant to address non-payment of fines. Now I'm uncertain about the necessary steps to take and whom I should contact... View More

Timothy Denison
Timothy Denison
answered on Sep 12, 2023

Redocket the case and ask for more time to pay.

1 Answer | Asked in Criminal Law for Kentucky on
Q: How to prove wasn't trafficking

Charged with trafficking but wasn't had good amount in more then one bag. No scales pipe and lawyer says gather evidence wasn't trafficking. How?? How do u prove that what evidence???

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2023

I would not admit to the possession of drugs over the internet. Trafficking usually has to do with large amounts of drugs or buying/selling activity or large sums of cash. If none of those were present and you do not have any prior trafficking charges then they have a weaker case to prove... View More

2 Answers | Asked in Criminal Law for Kentucky on
Q: Why am I being charged with trafficking and not possession??

I was pulled in parking lot cops came behind me gave me 3 different test they stopped between each one talked and then came back started again. I was arrested for DUI. Then search of car they got ounce of stuff and smoking utensil. Charged with trafficking. I wasn't though. Pointed lawyer said... View More

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2023

Typically the police charge trafficking and let the prosecutor sort it out later. If you are dealing with ounces rather than grams and there is other evidence (large sums of money, baggies, scales or they witnessed you on selling or transporting) then they often charge trafficking. I recommend... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: If you were arrested for drug paraphilia was dismiss with out prejudice 4mo. later you were indicated, arrested all over

Bond was for 5000. Is this legal in Kentucky

Timothy Denison
Timothy Denison
answered on Sep 10, 2023

Yes. It is legal.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Is it illegal to expose someone on the internet in a compromising position?

If so is this a felony or misdemeanor?

Timothy Denison
Timothy Denison
answered on Sep 9, 2023

More specific facts are needed to answer this question.

2 Answers | Asked in Criminal Law for Kentucky on
Q: I was arrested for shoplifting at walmart for $69.

I was arrested and released on ROR the same night. I go to court Friday. I have no priors. How does court work? How does getting a court appointed lawyer work? What are likely outcomes?

Thanks so much.

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023

At the arraignment, you'll learn about the charges against you and have the opportunity to enter a plea. If you can't afford a lawyer, you can request a court-appointed attorney. If eligible, one will be provided to represent you. Following this, your case might proceed to a pre-trial... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Yes I go to final sentence tomorrow how can I get it laid over for a couple of weeks
Timothy Denison
Timothy Denison
answered on Sep 7, 2023

Ask your lawyer to ask the judge for a two week continuance.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How can I get my court date moved back for a couple of weeks
T. Augustus Claus
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answered on Sep 7, 2023

To request a change in your court date, you typically need to contact the Court Clerk. You can find their contact information on your court summons or the court's website. Explain your situation and request a continuance, providing a valid reason such as a medical emergency or prior... View More

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2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for Kentucky on
Q: what kind of attorney do I need if I've delt with physical, emotional, and sexual abuse

i am now disabled due to contracting hiv from my ex of 18 yrs

T. Augustus Claus
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answered on Aug 31, 2023

If you've experienced physical, emotional, and sexual abuse and are seeking legal assistance, it's important to consult with an attorney who specializes in handling cases related to personal injury and abuse. Specifically, you might want to consider reaching out to a Personal Injury... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: If a defendant were to confess in court yet there no evidence was found for that crime, does corpus delicti still apply?

The defendant confesses to doing crime A and crime B; and there was evidence for crime A happening but there was none found for crime B. If the defendant were then to confess to doing crime B in court, would corpus delicti still apply? Really curious about this, thanks in advance.

Timothy Denison
Timothy Denison
answered on Aug 29, 2023

No. If he confesses in open court, corpus delecti does not apply.

2 Answers | Asked in Criminal Law for Kentucky on
Q: If you area rat and got asked if you was or not and I say not would my word stand in the court of law
Leland Hulbert
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Leland Hulbert
answered on Aug 29, 2023

If you give a statement to the police, that statement can be used at trial to contradict your testimony.

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Firearm rights

Can I purchase a firearm after a domestic violence order (DVO) has expired 12 years ago in the state of Kentucky? I do not have any other firearm prohibitions. Can a DVO be expunged from your records?

Timothy Denison
Timothy Denison
answered on Aug 21, 2023

Yes you can purchase a firearm. A dvo cannot be expunged from. Your civil record.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Ok my brother is in a criminal case and the small town we live in are trying to drive him up we don't have money but tho

Thought u might could point in a direction of a pro bono layer

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Aug 20, 2023

If people do not have the funds to hire a private attorney, the court will appoint them a public defender. They are pro bono lawyers as they do not have to be paid by clients.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: My dad has a no contact order on me but he lives with my granny. My children go over to her house. I have not said

Anything to him in 2 years and have not been inside my grandmothers home in a year because he previously moved out but just moved back in to her home. I had pulled up to her house to make sure my kids had made it back and to show her my hand. And he was at the corner which I was unaware of until... View More

Timothy Denison
Timothy Denison
answered on Aug 18, 2023

No. That is not a violation of the no contact order.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Kentucky on
Q: How can anyone tell me they goin to call the cops on me for a nocontact order if they are not at the house when I arrive

My dad has a no contact order on me but he lives with my granny. My children go over to her house. I have not said

Anything to him in 2 years and have not been inside my grandmothers home in a year because he previously moved out but just moved back in to her home. I had pulled up to her... View More

Timothy Denison
Timothy Denison
answered on Aug 18, 2023

No. You are not guilty but now that you know he’s there, you’ll need to stay away from granny’s.

1 Answer | Asked in Criminal Law for Kentucky on
Q: The police found drugs in my purse but they did not get my purse from me can I be convicted of possession?

The police got my purse from another person I was not there.

Timothy Denison
Timothy Denison
answered on Aug 18, 2023

It will be difficult to convict you if they got the

purse from another person and you were not there.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I had court and I missed it because I never received papers or was never told a time or date, what should I do?

The date as mentioned above was a motion put in by my attorney to recall a bench warrant for failure to appear because I moved and the new tenants to my old house was keeping/throwing away our mail. I have proof of the mail issue from my local postmaster, chief of police in my town and another... View More

Timothy Denison
Timothy Denison
answered on Aug 16, 2023

Go to the courthouse and redocket your case yourself.

1 Answer | Asked in Criminal Law for Kentucky on
Q: A district judge can issue an arrest warrant for any person in the district but prosecution has to be where judge is?

Does that apply to search warrant for a home in the neighboring county? Sheriff deputy was out of jurisdiction where search warrant was executed. Since any prosecution resulting from the house located out of county can't happen in the county the judge is from, wouldn't that make the... View More

Timothy Denison
Timothy Denison
answered on Aug 15, 2023

The district judge can only issue a warrant for the counties in which he presides, no where else.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Custody of evidence and accurately logged evidence issues. How accurate does the sheriff department have to be?

A deputy from a county where my mailbox is located gets a warrant for the address. The house is about 3/4 of a mile away in the neighboring county. The evidence collected out of the residence was taken to the sheriff dept. The case was dismissed w/o prejudice over jurisdiction. The county the house... View More

Jessica Greenberg
Jessica Greenberg
answered on Aug 15, 2023

It heavily depends on circumstances specific to your case. It may be possible to use a chain of custody issue to get the evidence itself excluded from any trial. However, if the warrant was issued, even on incorrect information or outright falsehoods, in many states the officer may still execute... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: If on a 5 year sentence (wanton endangerment) and got out on shock probation, but revoked without any other charges,

Can the time out on shock be credited towards sentence? If so, who do I need to talk to

Timothy Denison
Timothy Denison
answered on Aug 13, 2023

No. It cannot be credited.

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