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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: How likely is it to be granted parole after getting probation revoked?

My friend was charged with wanton endangerment in 2017 and was granted probation/diversion after a short time spent in city jail. This year in 2021 he violated his probation for the first time and the sentencing judge revoked his probation and sentenced him to 3 years in prison. With all his credit... Read more »

Timothy Denison
Timothy Denison answered on Oct 17, 2021

Chances are fairly good that he may be paroled.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Kentucky on
Q: My neighbor two dogs live in a kennel. I want to help the dogs. What can I do ?

They live in kennel. They have food,water and kennel. The don't get human contact or exercise

Timothy Denison
Timothy Denison answered on Oct 9, 2021

Unfortunately, those are sufficient for their protection under the law. I doubt there’s much you can do.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Weird sentence in Kentucky criminal cases

I do prison ministry. I have a KY inmate sentenced in 3 cases 10, 8 ,& 3 year sentences. 8 and 10 are consecutive but the sentence order has the 3 on both the 8 & 10, concurrent on the ten but consecutive on the 3. (I have a copy of the order). This seems to me to either be absurd or... Read more »

Leland Hulbert
Leland Hulbert answered on Oct 6, 2021

It’s a little bit confusing but he can contact the department of corrections or you can contact the prosecutor who made the deal. If there’s multiple jurisdictions and multiple pleas sometimes the wires can get crossed but he should not be serving double time. Under Kentucky law though if he is... Read more »

1 Answer | Asked in Criminal Law for Kentucky on
Q: Would I be convicted of something and not be told about it at my court hearing

I was convinced of wanton endangerment 2nd and I asked a question about my firearm rights and I was told I couldn’t purchase one if it was a domestic violence conviction but I wasn’t convinced of domestic violence only wanton endangerment 2nd and the Jude never said anything of domestic violence

Timothy Denison
Timothy Denison answered on Oct 5, 2021

Who was the victim in your wanton case?

2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: Can I purchase a firearm with misdemeanor

I have a wanton endangerment 2nd degree

Leland Hulbert
Leland Hulbert answered on Oct 5, 2021

If the Wanton Endangerment is pending and has bond restrictions against purchasing then no. If it is a conviction and it was domestic violence then no.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Is there a lawyer that would take on my case and represent me and my codefendant on a theft case.

My mother has accused us of stealing 93,175 worth of jewelry that don’t exist there is no proof of purchase or anything like that in our discovery just a paper that she wrote out and drew a picture on. We are needing a attorney as soon as possible. My family is willing to help pay for an attorney... Read more »

Timothy Denison
Timothy Denison answered on Oct 4, 2021

Possibly, if you and the codefendant do not have any antagonistic defenses that create a conflict of interest.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Help finding a lawyer that will represent me and my codefendant which is my boyfriend. we are charged the same
Leland Hulbert
Leland Hulbert answered on Oct 4, 2021

Lawyers can represent both of you as long as you don’t have any defenses that are opposing to each other and as long as you both waive your right to separate counsel. This can work for cases in the beginning but if they progress or go further or especially go to trial you will need separate... Read more »

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Can time spent in jail count towards both cases if they are related?

My friend who was on probation was arrested in February of this year and was caught with a firearm (as a felon), DUI, and failure to maintain car insurance. After he was already in jail for this, the judge who originally put him on probation put out a warrant on him for probation violation. This... Read more »

Timothy Denison
Timothy Denison answered on Oct 4, 2021

District court time will run concurrent and be eaten up by the circuit court time, so he would t get any extra time.

1 Answer | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: Can time spent in jail count towards both cases if they are related?

My friend who was on probation was arrested in February of this year and was caught with a firearm (as a felon), DUI, and failure to maintain car insurance. After he was already in jail for this, the judge who originally put him on probation put out a warrant on him for probation violation. This... Read more »

Leland Hulbert
Leland Hulbert answered on Oct 4, 2021

Under Kentucky law new felonies must run consecutive if picked up while on probation. His credit should only be applied to one case but ultimately it’s up to the calculations by the department of corrections after he is sentenced.

1 Answer | Asked in Criminal Law for Kentucky on
Q: if i house an individual who is fleeing from a murder? what can i be charged with
Timothy Denison
Timothy Denison answered on Oct 3, 2021

Yes. Aiding and abetting a fugitive, among others.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My brother n law is being held in carroll county detention center in Kentucky for Texas?

I want to contest his extradition on the grounds he wasn't in the state of Texas when these crimes were committed and we have proof I've already researched what I can and I would like some advice please. I'm not a lawyer just someone who trying to save an innocent man and father plz

Timothy Denison
Timothy Denison answered on Oct 2, 2021

Contesting the extradition won’t save him. He’s going back to Texas regardless. Best play is to waive extradition and then hire him the best lawyer you can find in Texas.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kentucky on
Q: Is it against my 6th amendment rights for my court appointed attorney to be changed the day before my trail?
Timothy Denison
Timothy Denison answered on Oct 1, 2021

No, but he probably can get a continuance if he needs it.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Kentucky on
Q: Can an officer charge you with possession after the vehicle gets to the impound lot and he goes later and "searches" car

After the vehicle sat there after first tow truck "couldnt haul it" then another tow driver hauled it to their tow yard and seen my guns in my vehicle and called the officer and had him come back out to his tow yard and then they supposedly did a search and found "drugs!" While... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 16, 2021

Inventory searches are semi-protected under the law. It really depends on the facts and what probable cause the police had and if anything was in plain view. I think you need to hire an experienced criminal defense attorney immediately.

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2 Answers | Asked in Criminal Law and Public Benefits for Kentucky on
Q: I have a court hearing coming up that says "Show cause deferred/installment payment". What does this mean?

My restitution on this case is over 33,000 but I have paid over 9,000 on this cause in the past 3 years. Will the judge put me in jail because it's not paid in full by the time I go to court?

Leland Hulbert
Leland Hulbert answered on Sep 11, 2021

It depends on the judge and it depends how much you have been paying lately. Normally judges will be lenient if you’re doing the best you can but if you refused to pay or haven’t paid a lot in the last few months they could give you an ultimatum and say you have to pay X amount with a a certain... Read more »

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2 Answers | Asked in Criminal Law and Probate for Kentucky on
Q: Cops pulled me and my friend over because he didn't use a turning single but they were following us from five star

Cops pulled me and my friend over because he didn't use a turning single then follow me up to my apartment and searched but didn't have a warrant and they found 3 meth pipes and meth on a plate and took pictures but didn't arrest me was I charged? What will happen? They had no... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 11, 2021

You need to hire and experienced criminal defense attorney to call the police. Narcotics detectives do this kind of thing all the time they try to shake people down to go after the bigger fish in the drug chain. If you allow them to search your apartment then they can search. If you told them they... Read more »

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Who is responsible for transporting inmates to court if they are being held in another county?

My friend was sentenced to 3 years in our county but was relocated to a county jail 2 1/2 hours away after briefly being held in lmdc immediately after sentencing. He has a shock probation hearing on Tuesday (9/7) but again the county jail he’s at is 2 1/2 hours away. He has been trying to ask... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 5, 2021

The department of corrections has complete control over these matters. Either the housing county has to bring him or there has to be transportation initiated from the county of the hearing. There’s been a lot of problems over the last year with Covid and certain counties not wanting to receive... Read more »

2 Answers | Asked in Criminal Law, Family Law and Sexual Harassment for Kentucky on
Q: I was abused as a child I'm now an adult how do I access those records

This was from 1981how do I find out what happened?

Leland Hulbert
Leland Hulbert answered on Sep 3, 2021

Are you talking about Court records, police records or medical records? For Court records I will go to the county circuit court clerks office and they may be able to find the records or get you some case information.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How do i summit a motion before the judge? to get a bond lowerd without a attorny
Timothy Denison
Timothy Denison answered on Sep 2, 2021

You file it with the clerks office although only the defendant or a lawyer can file such a motion.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How do i get a bond lowerd on 2 counts of traffiking meth under 2 grams and organized crime? Never Been in trouble befo

how do i get there bond lowerd they have 47,000 in the bank but have to get out to get there money

Leland Hulbert
Leland Hulbert answered on Sep 2, 2021

You can get a bond lowered by making a motion before the judge. You can also have an experience defense attorney discuss the case with the prosecutor. If they are trying to get money out of the inmates bank account the inmate can sign a power of attorney allowing a relative to withdraw that money... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How many attempts will one county make to your residence to execute a warrant from another county.
Leland Hulbert
Leland Hulbert answered on Aug 31, 2021

That is completely up to that County and their resources and the type of case. Typically the more serious the case the more often they will come to your house. The warrant will also be entered into a database and served on you whenever you get arrested or stopped by the police.

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