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Kentucky Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and White Collar Crime for Kentucky on
Q: Police raid my house without a warrant they kicked in the front door. Then asked if they could do a weapons sweep.

I said they could do a weapons sweep. I guess they took that as they could do whatever. They found a notebook and they are charging me with identity theft. This happened in 2018. They are just now charging me. Can they do that without a warrant. They have no body cam or anything

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 13, 2023

They can charge you with a felony anytime there is no statute of limitations. As far as the warrant issue, they would have to have a lawfully signed warren that they presented to you at the time. It sounds like there are definitely some legal issues with your case. You need to hire an experienced... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Ive lost my job and have no source of invome im homeless and cant pay my court ordered restitution payments what do i do
Timothy Denison
Timothy Denison
answered on Feb 6, 2023

File a motion to temporarily suspend your restitution payment until you get a new job.

1 Answer | Asked in Adoption and Criminal Law for Kentucky on
Q: If my child wants to keep their birth name does their biological parent name come up or adopted on a background check
Timothy Denison
Timothy Denison
answered on Feb 6, 2023

It could, yes, depending on the depth and breadth of the background check.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I conceal Carry WITHOUT a ccdw and being a non resident of Kentucky. I’m only moving to KY for a period of about 6

Months and my drivers license had my previous Florida address

Timothy Denison
Timothy Denison
answered on Feb 6, 2023

Not unless you have a ccdw license from Florida. Otherwise, you can open carry while in Ky.

3 Answers | Asked in Criminal Law for Kentucky on
Q: If my wife has a prior assault charge that’s expunged, can any assault after cause it to be brought up? Even if she lied

Her charge was 3 years ago. She recently filed an EPO and left that part out entirely. I’m wondering why she left that out. Can she be charged again?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 5, 2023

An EPO taken out only talks about the facts of something that recently happened. A prior assault charge would not be brought up. An EPO is not a criminal charge. It’s a civil petition that’s taken out by a victim.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My wife filed an EPO on me after she assaulted me. The EPO doesn’t state her assaulting me. Why is that?

She had a charge expunged from three years ago.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 5, 2023

An EPO is a one-sided document with a statement taken only from the “victim” in the case. It would just be the words of your wife.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Hi I just moved to Kentucky and was wondering about the conceal carry laws. My license and address lead back to Florida

I was wondering if I can conceal carry a firearm here in Kentucky without a ccw and as a non resident of Kentucky. Im only going to be living in Kentucky for about 6 months

Timothy Denison
Timothy Denison
answered on Feb 5, 2023

If you have a ccdw license from Florida, Kentucky will give full faith snd credit to it and you can use it here.

2 Answers | Asked in Criminal Law for Kentucky on
Q: If I miss my show cause court date can I still go pay the fine?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 2, 2023

You should be able to. Call the clerks office in that county and they will tell you.

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1 Answer | Asked in Criminal Law, Constitutional Law and Elder Law for Kentucky on
Q: There a person I know had a warrant got on her for driving on low tire in clay Co ky by her husband is this possible

I just like to know if this can be real

Timothy Denison
Timothy Denison
answered on Feb 1, 2023

No. It cannot be real unless there is much more to the story.

1 Answer | Asked in Criminal Law and Health Care Law for Kentucky on
Q: In Kentucky, if a patient decides to leave AMA (against medical advice) does law enforcement need to be notified?

If that patient has an IV catheter in place when they leave the hospital, does local law enforcement need to be notified?

Timothy Denison
Timothy Denison
answered on Jan 30, 2023

Not necessarily. Depends on whether they are a danger to themselves r others.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I had a possession of controlled substance charge in Logan County Kentucky. I accepted a plea deal

My plea deal was 3 years probation and no treatment. My public defender told me if I went to trial I would be convicted. After doing some research of my own I have found evidence that I shouldn't even have been charged with possession. Me and one other person were charged with possession but... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 29, 2023

You cannot withdraw your plea unless it’s very close in time to the plea itself and before you are sentenced. The only option you would likely have after pleading guilty is what’s called an 11.42 motion. That’s ineffective assistance of counsel. You would have to prove that your counsel made... View More

2 Answers | Asked in Civil Rights and Criminal Law for Kentucky on
Q: If someone is residing in a motel room, staff calls police due to marijuana odor. Police arrive and staff open door.

The police knocked but the elderly resident (65 yr old woman with 0 priors) is in bathroom and takes longer than they like to answer. Hotel staff key door and allow cops in. First question is this legal? They then found (allegedly in plain view) drugs.

Question 2: resident was visiting for... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 27, 2023

A person does not have a normal expectation of privacy in a hotel room like they would in their own home so the entry in scenario one sounds legitimate. I would contact the police about the missing property. They have more power and resources to investigate and if they end up charging an employee... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: If your incarcerated and going for sentencing in Paducah Ku. Do they go by the indictment paperwork’s or by the duscover

In Paducah Ky

Timothy Denison
Timothy Denison
answered on Jan 25, 2023

Neither. They go by your plea agreement, criminal history and the sentencing guidelines.

1 Answer | Asked in Consumer Law and Criminal Law for Kentucky on
Q: How do I get a vehicle transferred that I purchased and paid in full when the party refuses to complete the transfer?

I paid in full $6000 over a year ago for the vehicle and still can not get a title in my name. After going to the county clerk where the vehicle was purchased I find out it is not even in the person's name that took my money, he is also an attorney. I have ask the county attorney and the... View More

Timothy Denison
Timothy Denison
answered on Jan 25, 2023

Take a criminal complaint against the seller for failing to register the transfer.

1 Answer | Asked in Criminal Law for Kentucky on
Q: How long after shock is decided is someone usually released?
Timothy Denison
Timothy Denison
answered on Jan 25, 2023

Usually 7-10 days after decision.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Do you get arrested at a motion hearing to revoke probation?
Timothy Denison
Timothy Denison
answered on Jan 23, 2023

Usually not at motion hour, no. Once they set it for a hearing, you could be arrested at the hearing if you are revoked.

2 Answers | Asked in Criminal Law and Lemon Law for Kentucky on
Q: I have a case that i wss convicted for in 2009 but i had no one ask me one questions about what happen or anything ?

I was convicted for it but i dont understand why? No one ask me anything

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 20, 2023

You can’t be convicted without a trial, or without pleading guilty for a criminal case.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: I did drugs in jail two days later I get out and have to report to court monitoring and failed a drug screen

And I have court today

Timothy Denison
Timothy Denison
answered on Jan 19, 2023

What is your question?

2 Answers | Asked in Criminal Law for Kentucky on
Q: How likely is shock probation
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 19, 2023

It depends on a lot of factors. The persons charges, the victims, the prosecutor, the judge and the defendants criminal record.

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2 Answers | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: Can you help my son?He's in Harlan County Detention center with no bond charged with running from drug court.
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 18, 2023

Your best bet is to do your research and find an experienced. Criminal defense attorney that can help your son. I would look for a local attorney or an attorney in the nearest big city.

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