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Kentucky Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Kentucky on
Q: Why am I being charged with trafficking and not possession??

I was pulled in parking lot cops came behind me gave me 3 different test they stopped between each one talked and then came back started again. I was arrested for DUI. Then search of car they got ounce of stuff and smoking utensil. Charged with trafficking. I wasn't though. Pointed lawyer said... View More

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2023

Typically the police charge trafficking and let the prosecutor sort it out later. If you are dealing with ounces rather than grams and there is other evidence (large sums of money, baggies, scales or they witnessed you on selling or transporting) then they often charge trafficking. I recommend... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I was arrested for shoplifting at walmart for $69.

I was arrested and released on ROR the same night. I go to court Friday. I have no priors. How does court work? How does getting a court appointed lawyer work? What are likely outcomes?

Thanks so much.

T. Augustus Claus
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answered on Sep 7, 2023

At the arraignment, you'll learn about the charges against you and have the opportunity to enter a plea. If you can't afford a lawyer, you can request a court-appointed attorney. If eligible, one will be provided to represent you. Following this, your case might proceed to a pre-trial... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How can I get my court date moved back for a couple of weeks
T. Augustus Claus
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answered on Sep 7, 2023

To request a change in your court date, you typically need to contact the Court Clerk. You can find their contact information on your court summons or the court's website. Explain your situation and request a continuance, providing a valid reason such as a medical emergency or prior... View More

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2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for Kentucky on
Q: what kind of attorney do I need if I've delt with physical, emotional, and sexual abuse

i am now disabled due to contracting hiv from my ex of 18 yrs

T. Augustus Claus
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answered on Aug 31, 2023

If you've experienced physical, emotional, and sexual abuse and are seeking legal assistance, it's important to consult with an attorney who specializes in handling cases related to personal injury and abuse. Specifically, you might want to consider reaching out to a Personal Injury... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Firearm rights

Can I purchase a firearm after a domestic violence order (DVO) has expired 12 years ago in the state of Kentucky? I do not have any other firearm prohibitions. Can a DVO be expunged from your records?

Timothy Denison
Timothy Denison
answered on Aug 21, 2023

Yes you can purchase a firearm. A dvo cannot be expunged from. Your civil record.

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Firearm rights

Can I purchase a firearm after a domestic violence order (DVO) has expired 12 years ago in the state of Kentucky? I do not have any other firearm prohibitions. Can a DVO be expunged from your records?

T. Augustus Claus
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answered on Aug 21, 2023

In Kentucky, if a domestic violence order (DVO) against you expired 12 years ago and you lack other firearm prohibitions, you may generally be eligible to purchase a firearm.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Custody of evidence and accurately logged evidence issues. How accurate does the sheriff department have to be?

A deputy from a county where my mailbox is located gets a warrant for the address. The house is about 3/4 of a mile away in the neighboring county. The evidence collected out of the residence was taken to the sheriff dept. The case was dismissed w/o prejudice over jurisdiction. The county the house... View More

Jessica Greenberg
Jessica Greenberg
answered on Aug 15, 2023

It heavily depends on circumstances specific to your case. It may be possible to use a chain of custody issue to get the evidence itself excluded from any trial. However, if the warrant was issued, even on incorrect information or outright falsehoods, in many states the officer may still execute... View More

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1 Answer | Asked in Traffic Tickets and Criminal Law for Kentucky on
Q: I got a ticket for reckless driving and permit violation. I had my drivers test the next day. Am I looking at jail time?

I have a clean record but I got into a wreck the day before my drivers test. I didn’t have anyone with me while I was driving home to get documentation to take my test because I didn’t have anyone to take me or ride with me. I got charged with reckless driving and a permit violation. What... View More

Leland Hulbert
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Leland Hulbert
answered on Jul 30, 2023

If you only got charged with a permit, violation and reckless, driving, you may not be looking at jail time. If they charged you with driving without an operators license, there is some potential. It also depends on your age and on your driving record. I would hire an experienced criminal defense... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: Will I get arrested if I have a warrant when I go to get a renewed state id in Kentucky?

Not sure If I actually have any warrants but I want to be sure before I renew my state id

T. Augustus Claus
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answered on Jul 28, 2023

If you suspect that you may have an outstanding warrant in Kentucky, it is essential to address the situation to avoid potential legal consequences. When you go to renew your state ID, there is a possibility that your warrant may be discovered during the process.

It's important to note...
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1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: Does the law enforcement decide if the abuser of domestic violence goes to jail? Or are there certain protocol and laws.

My ex boyfriend tried to kill me few weeks ago. As he stated he was going to before beating me with a rock and other objects. Law was notified when I came to, and they took pictures and everything. My question is why was he not arrested? I've filed for charges. They have not started... View More

Timothy Denison
Timothy Denison
answered on Jul 23, 2023

Generally, law enforcement makes the decision and the abuser is arrested. You may want to get some investigative reporters and make this known. You may also want to go to your county attorneys office and take a criminal complaint against him. If you are living with him, get out of there and to a... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Kentucky on
Q: Can the police pull you out of your home and not allow you to enter until they get a search warrant?

I live in Kentucky. I use delta. My neighbor called the police on me saying I was smoking weed (delta is legal here). I spoke to the officers on my porch and they insisted they could smell weed and threatened to pull me out of my home, and not allow me to go back in until they got a search warrant.

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answered on Jul 21, 2023

In the United States, including Kentucky, the Fourth Amendment to the Constitution protects individuals from unreasonable searches and seizures. This means that law enforcement generally needs a search warrant to enter and search your home without your consent.

However, there are some...
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2 Answers | Asked in Criminal Law for Kentucky on
Q: Will my probation officer know if I have had police contact with no arrest or citation
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answered on Jul 11, 2023

Probation officers may have access to information about interactions between individuals on probation and law enforcement, even if there was no arrest or citation. This can be due to information sharing protocols or requirements for individuals on probation to report any police contact.

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2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Kentucky on
Q: Does the “no contact” rule on a DVO only apply to the abuser (the person who committed the abuse)? I’m in KY

DVO issued, he was charged and is sentenced to 2 years in prison.

Leland Hulbert
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Leland Hulbert
answered on Jul 9, 2023

Typically, in a domestic violence order, the abuser can have no contact with multiple people, including significant others and children. People who are victims or not under a no contact order. It sounds like if he went to prison for two years, he was also charged with crimes, which are far more... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Possible outcome?

What is the possible outcome of my current charges wanton endangerment 1st fleeing evading 1st and reckless driving first? Im on ankle monitor and One prior arrest 5 years ago harassment physical contact no injury

Leland Hulbert
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Leland Hulbert
answered on Apr 21, 2023

There are a wide range of penalties with those charges. If you’re still in District Court, there’s a chance you could get a misdemeanor on the cases. If you’ve been indicted in you’re likely to get a felony, and if you’re not a prior convicted, felon, felony diversion would be your best... View More

2 Answers | Asked in Criminal Law for Kentucky on
Q: How long do the courts have to indict someone in the state of Kentucky? I know that they have 60 days if your still in

Jail but does that 60 days still apply if you’re out on bond?

Leland Hulbert
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Leland Hulbert
answered on Mar 22, 2023

Typically you have a year to indict under most general procedures of Prosecutor’s offices in Kentucky but you can always charge a felony. There are no statutes of limitations on felonies. There is a one you statute of limitation on misdemeanors but misdemeanors don’t get indicted by themselves.... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: If i got to 1st deg. 1 offense TICS charges and had never been in any kinda trouble before could i get probation

After i go to a 90 day probation

James L. Arrasmith
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answered on Mar 19, 2023

In general, a first-time offender charged with a first-degree criminal offense may be eligible for probation depending on the circumstances of the case. Probation is a form of supervised release that allows an offender to remain in the community under certain conditions and requirements. These... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: I am on probation and recently became homeless. I applied for a transfer but was denied due to another convicted felon

Living at address. When I contacted my probation officer from other county she said I have 24 hrs to find somewhere else to go. I haven't found anywhere yet. Can she send police to get me or will there be a revocation hearing or what?

Leland Hulbert
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Leland Hulbert
answered on Feb 14, 2023

You need to communicate as much as possible with your probation officer. They may give you a break if you communicate well with them. If they believe you have violated, she could file a report, and then they would be brought before a judge, and he would be entitled to a revocation hearing in the... View More

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
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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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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
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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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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
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Leland Hulbert
answered on Feb 5, 2023

If you want to ask her questions about it at the EPO hearing, you can attempt to do that to show a previous pattern. If it is officially expunged, no court record should be available on it. You would likely only be able to mention it if she lies about it, or says it never happened.

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