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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I get time out on shock probation credit towards my time if revoked w/out new charges?

Probation officer said that time can not be credited. Is this true?

Leland Hulbert
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Leland Hulbert
answered on Aug 8, 2023

Credits are within the discretion of the department of corrections, and granted by statutes of the Kentucky revised statutes. Since you are not incarcerated while released on shock probation, you would not get credit towards the days you have to serve it free vote.

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Kentucky on
Q: Is it reasonable for a deputy to knock on the door of my residence to conduct a knock and talk after 11:30pm?

After I answered the door and stepped out on my porch I was asked if a man arrested for DUI a mile or so away lived at my house. No was my answer as he didn't live there nor had he been staying there. The man arrested had stopped at my house earlier that day and I knew the man, but he... View More

Timothy Denison
Timothy Denison
answered on Aug 5, 2023

Sounds a bit overreaching but would probably be upheld as legal

1 Answer | Asked in Criminal Law for Kentucky on
Q: I was raped 7 months ago by my stepdad I really trusted. Now I have a probation officer that is really mean and I’m imky

I’m in Kentucky. Bowling green. My last officer was letting me off probation last December except I gif raped so I smoked weed now this officer is telling me I’m in probation till 2026

Timothy Denison
Timothy Denison
answered on Aug 4, 2023

What is your question?

2 Answers | Asked in Criminal Law for Kentucky on
Q: How can I change probation officers in Kentucky if I’m a female and he is a make a d I’m scare of him
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 Aug 4, 2023

If you are uncomfortable with your probation officer in Kentucky, consider discussing your concerns with them or their supervisor.

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1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: How is it legal for anyone found guilty of a felony to run for and assume the presidency?
Timothy Denison
Timothy Denison
answered on Aug 4, 2023

Sdf I t believe that has ever happened…yet.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kentucky on
Q: What does felon in possession of a firearm specifically implying? Within arms reach? On his person?

In a residence he is in, but doesn't own that is occupied by others who aren't felons? Riding with someone who isn't a felon? In the home he shares with his son who is not a felon? How far does the unconstitutional nonsense infringe on the freedoms of others? Should he be wearing a... View More

Timothy Denison
Timothy Denison
answered on Aug 4, 2023

All of the examples you gave could qualify as a felon in possession under the statute. Not saying that’s right but that’s the current state of the law. Have you considered expungement as a possible solution to your problem.

1 Answer | Asked in Criminal Law for Kentucky on
Q: How do I take care of old misdemeanor warrants from another state from 5-10 years ago

I live outta state now but evertime I get my background ran for a job 2 active misdemeanor warrants one for shoplifting under 500 and the other ford 4ty degree assault just need pointed in yhe right direction got my life together haven't been in any trouble in 5 years

Timothy Denison
Timothy Denison
answered on Aug 4, 2023

Hire a lawyer in the county where the warrants exist to get them set aside and resolved for you.

1 Answer | Asked in Criminal Law and Traffic Tickets for Kentucky on
Q: I went through a road block at an entrance of 4 different spots there were 2 officers conducting this roadblock procedur

Says a roadblock should have 5 to 6 officers this was During a wensday afternoon on a intersection not known for duis there was no warning indiciations to reduce speed and no announcement of this roadblock in Kentucky made by ksp I received a valid ticket for an expired license (I handed wrong one... View More

Timothy Denison
Timothy Denison
answered on Aug 2, 2023

Not based on a violation for the roadblock.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Federal lawyer request

I was arrested pulling ina friends motel room in the parking lot where I observed officers inside the room I was swarmed and told I had a trafficking warrant they found no drugs on my person placed me under arrest for this "said warrant " and confiscated my phone i asked for my property... View More

Leland Hulbert
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Leland Hulbert
answered on Aug 1, 2023

The fact pattern above is a little hard to follow. They would need to show you a copy of the warrant. The hotel owner or the renter of the room would be able to give them permission to search the room. They would only be able to search or detain you if they have probable cause and/or a warrant.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Can they get me for bail jumping for me not showing up for court

I was indicted on tics 1st degree 1st offense and I didn't go to court snd when they arrested me they said I was charged with 1st degree 2nd offense and I was being indicted on bail jumping

Timothy Denison
Timothy Denison
answered on Aug 1, 2023

Yes.

1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Can I be given 2 different fines for the same charge?

I was told if I got my permit they would be dismissed but I payed the fine and they set me another court date for not having a permit and they fined me another 325 bucks can they do that

Timothy Denison
Timothy Denison
answered on Aug 1, 2023

Yes.

1 Answer | Asked in Criminal Law and Divorce for Kentucky on
Q: My question: How do I file for half of my ex's pension rewarded to me in the final divorce decree.

My final divorce decree awarded me half of all my ex's retirement investments...

But, during the discovery process of our divorce... My ex DID NOT disclose the pension fund... of which I have just recently been made aware of... Due to my ex having to move this pension fund by August... View More

Timothy Denison
Timothy Denison
answered on Jul 27, 2023

Hire an attorney to file a QDRO (Qualified Domestic Relations Order) for you. If he concealed it’s existence, you probably can file for contempt and your attorney fees as well.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Me and my.nephew were charged with 1st burglary we were released on unsecured bond till waived to grand jury. He was

Just arrested on the indictment warrant but I wasn't. He sold the items at a pawnshop. I had a zippo lighter that I sold that wasn't involved in the burglary. Why haven't I been arrested would the grand jury meet at same time on same case

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 27, 2023

They would likely meet at the same time on the same case but the prosecutor had discretion to present the cases in different times. I would not disclose any facts or admissions on a public website like this. I would hire an experienced criminal defense attorney as soon as possible.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: WOULD I NEED A CRIMINAL LAYWER TO REPRESENTME IN A CASE WHERE I DEVELOPED CANCER AND WAS AT KSR AND GOT COVID 2 TIMES

I WAS IN PRISON FOR 5 YEARS AND WAS ON 5 YEARS OF PROBATION . WHILE I WAS INPRISON I WAS SENT TO 3 DIFFERENT HOSPITALS , THE FINDINGS WERE THE SAME BUT THE PRISON DID NOT DO ANY THING ABOUT IT, I HAS CANCER OF THE ESOPHAGUS..ONCE I GOT ON PROBATION I WENT TO SEE A CANCER DR. AND WAS STARTED ON... View More

Timothy Denison
Timothy Denison
answered on Jul 26, 2023

Yes. You need a lawyer.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I had a felony indictment get amended from circuit Court and put me back in district. what happens next
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 26, 2023

You should receive a court date in District Court, and the case will proceed as a misdemeanor and somewhat start over. I would hire an attorney to help you through this process.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: trial date for next week. pd called last week and unrepresented me conflict of interest. what do I do?

the public defender's office also represents the CI in the case and told me a private attorney would be in contact but I have not heard and I have trial in 4 days what is the best action to take

Timothy Denison
Timothy Denison
answered on Jul 23, 2023

The trial will be continued since you do not have a lawyer yet. Go to the trial or next date and the judge will reschedule the trial.

1 Answer | Asked in Criminal Law for Kentucky on
Q: can you help me with the expungement process

I have a couple felonies over many years between and a couple misdemeanors here and there and I would like to have my record expunged of all to receive my civil rights and their entirety

Timothy Denison
Timothy Denison
answered on Jul 23, 2023

You can only expunge one felony. You need to consult a criminal defense attorney who can review your record and see what can be done.

2 Answers | Asked in Criminal Law for Kentucky on
Q: what does it mean when your case get dismissed without prejudice
Timothy Denison
Timothy Denison
answered on Jul 19, 2023

It means the chargers can be reinstated at a later date.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: how can i be put on a monitoring device as a bond condition when i havent even been convicted?

i never been in trouble but they held me under 5k CASH bond which i thought was a bit excessive just like i think the monitoring device is way over board. What happened to innocent until proven guilty?

Timothy Denison
Timothy Denison
answered on Jul 19, 2023

It’s a condition of bond. No different than any other condition of bond. Bond attaches at the first appearance, not after your conviction. Your other option might be no bond and you just remain in jail til the trial.

3 Answers | Asked in Criminal Law for Kentucky on
Q: if you aren't able to afford a private attorney, is there any actions an inmate can't take themselves when they aren't

released when they are supposed to be released according to the terms ofa plea bargin

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 19, 2023

You can attempt to file a Pro Se motion, but if you’re currently represented by a Public Defender the judge may not accept it.

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