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Kentucky Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Kentucky on
Q: Can I press charges on a 14 year old boy for pushing his thumb in my 12 year old sons throat ?

My son almost past out from the pressure of the other boys thumb on his throat.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Nov 19, 2021

You can contact the police. Assaults between juveniles are still against the law but it will likely be driven by the injury to your child. Was he take him to the doctor? Are there pictures of injuries?

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Control buy. Trafficking in a controlled substance <5 units. Is it ever possible to drop from fel. to misd.?

Never had felony previously. In any scenario could this be lowered to misdemeanor from felony?

Timothy Denison
Timothy Denison
answered on Nov 19, 2021

Possibly, yes. I’d hit the best criminal defense attorney possible to seek such an amendment.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Who would I get ahold of in regards to a treasury check sent to the wrong address & then ripped by the resident

Me & my ex broke up a few months ago & he’s been bitter ever since, but he called me ab a week ago saying the treasury had sent me a check & I had another coming. He said he’d mail it to me (I live in a different state now), unaware that you have to mail those back to the irs, but... View More

Timothy Denison
Timothy Denison
answered on Nov 18, 2021

Contact the Treasury Department for a replacement check.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Has there ever been a cap put on the time the state has to bring you to trial after your indicted in ky?

Ive been on bond for almost 5 years...adhereing to pretrial release conditions..paid a percentage of my bond in cash...been taking random drug screens and been on 8pm curfew for almost 5 years. Was given a public defender with brain cancer who has since died. Pub. Defender investigater gave me... View More

Timothy Denison
Timothy Denison
answered on Nov 14, 2021

There has not been any cap placed on the time to bring an indicted person to trial.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Kentucky on
Q: My exs girlfriend has threatened to hurt me and my children with my ex is there anything I can do to keep her away

My exs girlfriend has been threatening to hurt me and my kids and has been stalking us and she's called and repeatedly reported me to social services for this and that iv got text messages from her saying what she's going to do to me and my kids and people has showed up at my house... View More

Timothy Denison
Timothy Denison
answered on Nov 14, 2021

Take an IIPO against her. You may always want to file a criminal complaint for the threats, harassment, stalking, etc.

1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: How to ask for a motion to dismiss without a lawyer on the grounds of viol speedy trial and incomp representation?

Been on BOND..pretrial release..for going on 5 years. 4 open cases in court..1 dead lawyer..2 special judges and a set up by prosecutor. Pd investigator posed as my atty for 49 mins. Tried to convince me to plea out ....got all on tape. Need help

Timothy Denison
Timothy Denison
answered on Nov 12, 2021

Hire a competent private criminal defense attorney to help you make this motion to dismiss. They are hard enough for lawyers to win.

2 Answers | Asked in Sexual Harassment and Criminal Law for Kentucky on
Q: Is there a statute of limitations for a sexual crime commited as a minor in the state of Kentucky?

Crime occured 15 years ago, victim just disclosed the abuse. Abuse includes fondling on 2 occasions no additional sexual attempts.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Nov 8, 2021

Felony charges do not have a statute of limitations in Kentucky.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How likely is it that someone may be given probation or house arrest instead of prison time?

My friend is currently in prison because he got his probation revoked in February of this year for being caught in possession of a firearm as a felon. He still has not been sentenced for the new charge of felon in possession of a firearm, he’s just been sentenced from the judge who revoked his... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Nov 8, 2021

In most cases in person on probation or parole who picks up new charges of the new class A, or C felony it’s not eligible for probation or parole on the new case. The only way he would be eligible for probation is if the prosecutor amends to charge to the class D felony which would typically be... View More

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1 Answer | Asked in Adoption, Appeals / Appellate Law, Criminal Law and Federal Crimes for Kentucky on
Q: A Federal Court Judge and a Family Court Judge has recused in my case within 13 days why would this happen?

Court of Justice , Department of Community Based Services, and The Cabinet of Health and Family Services tried their best to hide it from me, and failed. Before I found out about , Custody of my child was took before the TPR , Yesterday , it was discovered, I had already filed a lawsuit on the... View More

Timothy Denison
Timothy Denison
answered on Oct 28, 2021

They either have a conflict of interest or are attempting to avoid the appearance of impropriety. Beyond that, you will probably never learn the real reasons for recusal.

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: I was on pretrial diversion and my probation officer said after it's completed my felony would be gone it's not

I completed the diversion, I applied for jobs been denied because of the felony that's suppose to be removed what do I do

Timothy Denison
Timothy Denison
answered on Oct 28, 2021

Hire a lawyer and have it expunged correctly.

1 Answer | Asked in Criminal Law for Kentucky on
Q: How much time is given for a class D felony

How much time is given for a class D felony

Poss cont sub 1st deg 1st off methamphetamine

?Less and max amount of time?

Timothy Denison
Timothy Denison
answered on Oct 27, 2021

Carries 1-5 years.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I be in trouble for receiving money wired to me from a POA

My friend was POA on his mother's account for about a year everything was fine until 2 months ago when he started abusing her account I'm worried because he paid me from the account which he told me was joint. I'm worried because his mother and the bank are pressing charges against... View More

Timothy Denison
Timothy Denison
answered on Oct 24, 2021

Not unless you knew he was abusing the account or he was laundering money through you by writing you the checks.

2 Answers | Asked in Criminal Law for Kentucky on
Q: I know someone currently being charged with forgery in the first degree first felony offense what will happen

They were 2 payroll checks that were made out to them by someone claiming to be legitimate business owner paying them for a side job through their company. They were in my friends name he just thought he was cashing legitimate checks

Timothy Denison
Timothy Denison
answered on Oct 23, 2021

Might be dismissed if he can proved he had no knowledge of the forgery.

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2 Answers | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: Is a 17 year old allowed to fight a 14 year old? Isn’t a 17 year old considered a adult?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Oct 21, 2021

Under criminal law in Kentucky, anyone under 18 is considered a juvenile. It is illegal for any person, juvenile or adult, to injure another person by force unless they are using self-defense.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: He had pretrial the day after arrested. How many more court dates will he have?

Secondary questiin

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Oct 21, 2021

It depends if it is a felony or misdemeanor. There can be multiple pre-trial conferences before trial. The number depends on the Judge, prosecutor and charges. If there is a plea of guilty or dismissal there will not be anymore pretrial conference but their could be future court dates.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: What is the court process for receiving stolen property class d felony in Kentucky.
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Oct 21, 2021

A person will be charged. They will be given a date to appear in Court for arraignment. They will need to appear at all Court dates given that it is a felony charge. I strongly recommend that person hire an experienced criminal defense attorney.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: I have a sister that I let stay with me on false pretenses, I have ask her to leave and she won't leave . Can I put her

She has tried to get her mail sent here and I stopped it. She said she could cry sqatters law but she hasn't been here but 2 wks 3 at best. She done this the last place she stayed at also. She is trouble that's why the family won't help her. Tell me if I can sit her clothes out while... View More

Timothy Denison
Timothy Denison
answered on Oct 19, 2021

Safest method is to give her written notice to leave and then file an eviction if she doesn’t vacate.

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... View 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... View More

Leland Hulbert
PREMIUM
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... View More

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