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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: Who decides to drop assault charges when self def. is proved, judge, jury, or lawyers? Prosecutor refuses to drop them
Timothy Denison
Timothy Denison answered on Sep 14, 2020

If the jury believes the self defense claim, they are instructed to find the defendant not guilty.

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: Can you be sentenced to house arrest for assault 1st degree in ky?
Timothy Denison
Timothy Denison answered on Sep 14, 2020

No. It’s a violent crime with an 85% serve.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can parole deny a reconsideration ifor home placement if residences has failed in past

Our home was denied twice for home placement first time I had not been physical able to clean the house and make sure no old or broken or used paraphernalia was still lingering in places I could not reach when probation and parole showed up and I did not permitt them entry and placement failed. so... Read more »

Timothy Denison
Timothy Denison answered on Sep 14, 2020

They can deny for ANY reason or no reason. Purely discretionary.

1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: Ok I am a victim of domestic violence. My husband filed a false epo along with another woman. the sheriff who served it

Knows it's not true and this is not my husband first time. He's done this before to other women. And I am currently pregnant with our child. So what is the chance of getting the epo on me overturned to a dvo on him.

Timothy Denison
Timothy Denison answered on Sep 12, 2020

None unless you take your own epo against him. The court cannot convert his epo against You to a dvo against him.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If someone calls the cops on you to leave their home and you do before cops come, can you still get in trouble? KY
Timothy Denison
Timothy Denison answered on Sep 10, 2020

Likely not unless you committed a felony while you were there.

1 Answer | Asked in Criminal Law and Family Law for Kentucky on
Q: I’m 17 my dad is always yelling and threatening to beat me up and kick me out

I have recordings of my dad threatening to beat me up and kick me out of the house. I am 17 and do schooling online that I pay for. Can I leave the house without his consent. And what could happen to me. I live in Kentucky or what can I do about this

Timothy Denison
Timothy Denison answered on Sep 6, 2020

You cannot leave without his consent. Report his behavior to CPS and let them handle it. They are your way out.

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for Kentucky on
Q: Can a 17 year old legally be in a non-sexual relationship with a 29 year old?
Timothy Denison
Timothy Denison answered on Sep 4, 2020

As long as there is no illegal contact or behavior from either party.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: My sisterPossession of controlled substance in second degree 1st offense what does that carry for jail time

Plus he has more charges tampering with physical evidence drug paraphernalia Buy/possess 218A500(2) violation of EPO/dvo 2nd time

Timothy Denison
Timothy Denison answered on Sep 4, 2020

What is your question?

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: My lawyer was appointed because I couldnt afford one. (I am the defendant). When the date of my trial comes(for assault

1st degree) will I imediently be sentenced to jail (since I did assault someone), or will my lawyer and my prosecutors lawyer actualy argue and try to prove of disprove my selfdefense claim? And what if the prosecutor doesn't show up? Could I still go to jail?

Timothy Denison
Timothy Denison answered on Sep 2, 2020

You may not even be found guilty , much less go to jail. Why isn’t your public defender answering any of your questions?

1 Answer | Asked in Criminal Law for Kentucky on
Q: My trial was set for today. I showed up ready and with my witnesses but my name was never called. Nor was my prosecutor-

-there. The judge said he had no papers on me, even though I had the letter saying my trial was today. He sent me home telling me to come back next month on the new date he had set. Why did they even set the date for today and then not call me up? Did they just lose my name or something?

Timothy Denison
Timothy Denison answered on Sep 2, 2020

Probably a s heduling error. Go back on the date the judge gave you!

1 Answer | Asked in Criminal Law for Kentucky on
Q: In an assault trial who does the court usually favor the person that started the fight(pros), or who hit harder(def)?

Im a defendant trying to prove self defense because I was threatened and hit first, but I attacked back with a weapon

Timothy Denison
Timothy Denison answered on Sep 2, 2020

The court doesn’t favor either side. In a trial, the jury makes the decision who is right and who is wrong.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Kentucky on
Q: Can misdemeanor be expunged? How long do you have to wait (time wise) to be eligible for expungement? poss/marijuana

poss/drug paraphernalia. Both are my 1st offense on both. Happened in 2007.

Timothy Denison
Timothy Denison answered on Sep 2, 2020

Yes. Can be expunged after 5 years.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If you want a retrial, can the jury reject your proposal?
Timothy Denison
Timothy Denison answered on Sep 1, 2020

You don’t get a retrial unless there was error in the first and only the trial judge or the appeals court can give you a retrial.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Is it illegal to hit an attacker with a deadly weapon if its the only item u had for protection? itemwas a large hammer

I happen to have a large hammer with me in my car one day(I was using it to fix things) and I was attacked. It was the only item I had with me, and my attacker didnt have a deadly weapon, but he threatened to kill me and punched me in the back, I felt I had no other choice (we were both grown men,... Read more »

Timothy Denison
Timothy Denison answered on Sep 1, 2020

Sounds like self defense.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If i am found guilty at my trial, do I go to jail before my show cause date? Or on/after then? Or does it depend?
Timothy Denison
Timothy Denison answered on Sep 1, 2020

You may or my not go to jail. At all. The show cause date is for payment of fines and costs.

1 Answer | Asked in Criminal Law, Probate and Estate Planning for Kentucky on
Q: Can my mom's power of attorney press charges on me for purchases I made while I was in charge of her account?

My dad died and he left me his wallet and asked me to take care of bills and house before he went to hospital. When he died their will said my sister was power of attorney so I gave her all the things to pay bills and stuff. She says I spent money wrong and wants to press charges on me for it.

Timothy Denison
Timothy Denison answered on Sep 1, 2020

Doubtful it was a crime but it can be hashed out in probate court and corrected.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Do I go to jail before my show cause date or after if I am found guilty. My trial is soon, but show cause is months away
Timothy Denison
Timothy Denison answered on Sep 1, 2020

You could, yes. The show cause date is simply for fines and costs, if any, to be paid.

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