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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: Please clarify. In KY a district judge can only issue a search warrant if the house is in the county they are seated in?

If the judge issued a warrant for a house outside the judges county and the case is dismissed, the county the house is located in can't pick up the case from that warrant. Have I understand that correctly?

Timothy Denison
Timothy Denison
answered on Nov 21, 2024

The judge can only issue a warrant for the county (ies) in which he/she sits. That being said, unless the first case is dismissed with prejudice, there is no prohibition on the second county pursuing the charges.

1 Answer | Asked in Criminal Law for Kentucky on
Q: What jurisdiction issues arise if a district judge issues a search warrant for a house located in a different county?

Judge issues search warrant for a home in a neighboring county by mistake. Deputy was out of jurisdiction but searched the home and collected evidence. Evidence was taken to the court where judge issued the warrant. Case was dismissed with prejudice to keep the property confiscated and claim... View More

Timothy Denison
Timothy Denison
answered on Nov 20, 2024

They do not have jurisdiction in another county and the entire search warrant should be suppressed.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Are you eligible for a PFO 1 before having a PFO 2. I have had one indictment within 5 years
Timothy Denison
Timothy Denison
answered on Nov 15, 2024

You can go straight to PFO 1 without having first been a PFO 2.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If I do not have any prior criminal convictions? Do you mean in general or felonies

So what they did to me or how I was in fear for my life plays no role in this? I find that hard to believe.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Nov 14, 2024

I don’t understand your question. If you’re asking about self-defense, that is one issue if you’re asking about prior record, that is another issue. A prior criminal record can mean any prior misdemeanor of felony convictions.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Terroristic threatening in the second. Can I get a pretrial diversion?

I was made to believe I was poisoned at the hospital. My capsules where opened and a completely different color powder was inserted. The capsules where only half full. The lady from the hospital tried to convince me it was suppose to be yellow. Even though the manufacturer stated this wasn't... View More

Timothy Denison
Timothy Denison
answered on Nov 14, 2024

If you don’t have any prior criminal record, you may be able to get the charged diverted.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Does my lawyer have to file motion for failure to indict to get me out of jail
Timothy Denison
Timothy Denison
answered on Nov 14, 2024

As a general rule, yes, although there can be circumstances where you might choose not to do so.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Using burner phone app + Google voice to send messages, do the receiver have legal recourse to get the sender's identity

The apps are Burner and Google voice. Burner allows you to use randomly generated numbers and Google voice is VOIP.

Both the Google voice and burner numbers have been deleted.

Timothy Denison
Timothy Denison
answered on Nov 5, 2024

The manufacturer of those apps should be able to track them by IP address used.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If a motion for failure to indict within 60 days has been signed by the judge, and the bond was $5000 f/c,

Does the court have to remove the bond associated with that charge or can they apply it to two lesser misdemeanor charges that had a bond of $250 a piece, and call it a” blanketbond” ?

Timothy Denison
Timothy Denison
answered on Nov 4, 2024

They can apply it as a blanket bond. Whether they choose to do so or not is another story.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can one persons consent to search their home be valid if the other person who lives there does not consent?

My then fiancee gave consent down the road from our home to let police search and I was there at the home , I do not consent. They never asked me I made it clear I did not and it was not ok.

Timothy Denison
Timothy Denison
answered on Nov 2, 2024

Yes. If she lives there, she can give consent.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If someone violates probation by failing a drug test will they get out of jail, do rehab or serve their time?

They went to jail in June for possession charges, released in end of July on probation and recently just violated it for failure of a drug test. Is the likelihood of them getting out there? Or will court order them to rehab or will they serve the rest of their time?

Timothy Denison
Timothy Denison
answered on Oct 22, 2024

Depends on a host of factors, including prior record, Current status, judge, prosecutor, type drugs, etc.

1 Answer | Asked in Criminal Law for Kentucky on
Q: How likely will a person get granted shock probation in Kentucky for probation violations?

My friends original case was assault 4 and strangulation but they allowed him to be put on probation. Well 2 years later he was a passenger in a wreck and they arrested him for PI. Which violated his probation. Also had 7 positive drug tests for weed. They revoked his probation and has been in... View More

Timothy Denison
Timothy Denison
answered on Oct 21, 2024

Depends on many factors, including but not limited to prior record, severity of current offense, judge, prosecutor, and a host of other factors.

1 Answer | Asked in Criminal Law for Kentucky on
Q: What if I'm still dirty on my assessment day will I get arrested or will they offer me rehab
Timothy Denison
Timothy Denison
answered on Oct 14, 2024

Depends on your PO, the Court and whether you have any priors.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Q: Seeking recommendations for an attorney that specializes in civil rights & police misconduct with proven results in KY.

for false arrest, false imprisonment, malicious prosecution, failure to intervene and excessive unreasonable bond. This is a gross miscarriage of justice that has ruined our business and life over the last 10 months and we need help.

Need an aggressive attorney not afraid of small town... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2024

I'm truly sorry to hear about the challenges you're facing. It's important to connect with someone who can fiercely advocate for your rights and help navigate the complexities of your situation.

Start by reaching out to the Kentucky Bar Association, which can provide...
View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: Why would a case that was just seen in mediation and was not resolved have a motion hour?
Timothy Denison
Timothy Denison
answered on Oct 2, 2024

Any number of reasons but most likely to get a status conference date and/or a trial date.

1 Answer | Asked in Contracts and Criminal Law for Kentucky on
Q: Can a previous owner of a boat legally file for a lost title if the original wasn't transferred in Kentucky?

I purchased a boat. I misplaced the title and found it months later. I took it to the county clerks office to have it transferred and they informed me that the previous owner had filed for a lost title a few weeks prior. The previous owner was paid in full. I still have the original title signed... View More

Timothy Denison
Timothy Denison
answered on Sep 11, 2024

You will likely have to sue the previous owner to quiet title to the boat. More information is necessary to determine whether fraud is involved.

1 Answer | Asked in Criminal Law and Traffic Tickets for Kentucky on
Q: Hello. I was wondering how i go about filing a motion of discovery in the state of Kentucky
Timothy Denison
Timothy Denison
answered on Sep 11, 2024

You file the motion asking for all of the evidence against you as well as all exculpatory evidence. You file the original in the court file and send a copy to the prosecutor.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Kentucky on
Q: Can a lawyer remove a bench warrant without me having to show up in court?

When I moved out of my old house after divorcing from my husband, he held a lot of my mail from me just out of spite and I genuinely knew nothing about having a court appearance until a few days ago. Can a lawyer show up for me to lift a bench warrant or will I have to go to court myself?

Timothy Denison
Timothy Denison
answered on Sep 11, 2024

The lawyer can have it recalled and you don’t have to appear if it is a misdemeanor. If it is a felony, you too will have to appear.

1 Answer | Asked in Criminal Law for Kentucky on
Q: How can I find a local lawyer that practices in Kentucky criminal law
Timothy Denison
Timothy Denison
answered on Sep 8, 2024

Contact your local bar association or legal aid society. They maintain a list of lawyers who can help you.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I tested positive for fentanyl today at probation office. I am 100% sure that I did not ingest any fentanyl or opiates

They are sending it off to a lab, and I am positive that the results will come back that I didn't do anything. But right now I'm stressing really bad about it because I have a lot on the line. How reliable are these lab results? What can I do to calm my nerves and reassure myself until... View More

Timothy Denison
Timothy Denison
answered on Sep 7, 2024

Go have your own independent test for fentanyl so you’ll have evidence to refute the positive test.

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