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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: question regarding false imprisonment or wrongful detention

in 2009 when i was 18 years old i was convicted of unlawful transaction with a minor and served a few years in prison. released in 2014 and on probation for 5 years following until released in 2019 from probation. still having to register as a sex offender. in july 2023 i was arrested by the local... View More

James L. Arrasmith
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answered on Nov 18, 2023

I understand your concern about being arrested twice for the same non-compliance issue with the sex offender registry. This situation appears to raise questions about false imprisonment or wrongful detention. It's essential to seek legal representation immediately to address this matter... View More

2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Is this right? double jeopardy? this could be a case....

i was arrested in nov 22 and it was ruled upon by ealier this year....after 5000 cash bond was picked up (2 days later) i was rearested w no new charges on indictment warrant for the felony possession but it had already been ruled on. now i have been infront of judge about 10x and still no... View More

James L. Arrasmith
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answered on Nov 18, 2023

In your situation, if you were re-arrested for the same charge that had already been ruled upon, it raises concerns about potential double jeopardy, which is prohibited under the Fifth Amendment of the U.S. Constitution. Double jeopardy means being tried twice for the same offense after a ruling... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I’m in Kentucky and I have this unnatural fear that I might have a warrant. Is there a way to find out online?

I don’t think I would have a warrant out but I have moved houses a few times and recently my husband received a jury summons in the mail and it occurred to me, if they have ever sent a summons to a previous location I wouldn’t know and thus, would have missed it. When I googled the punishment,... View More

James L. Arrasmith
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answered on Nov 13, 2023

In Kentucky, you can check for any outstanding warrants against you without directly involving the police, which should alleviate your concerns about immediate arrest. Many counties in Kentucky have online databases where you can search for warrants.

You can start by visiting the website...
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1 Answer | Asked in Criminal Law and Consumer Law for Kentucky on
Q: Walmart incident, court papers, first-time offense advice?

I was involved in an incident at Walmart where I was scanning items while my fiancé was bagging them, and I accidentally didn't scan some food items. Walmart called the police, and I've been told that I will receive court papers in the mail. I've never been in trouble with the law... View More

Timothy Denison
Timothy Denison
answered on Apr 2, 2025

They will most likely divert your case as a first time offender and it should ultimately be dismissed.

1 Answer | Asked in Traffic Tickets and Criminal Law for Kentucky on
Q: Missed traffic court and FTA review, no warrant or summons?

I missed my court date for an expired registration (4 months past the due date) and also missed my FTA review date. I received a notice after the original missed date that mentioned the FTA review but have not received any notice since missing that review, which was last week. My case status online... View More

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

You should redocket the case and resolve asap to avoid an fta or a warrant. Sometimes it takes days before the public Courtnet us updated.

1 Answer | Asked in Health Care Law, Consumer Law, Criminal Law and Insurance Bad Faith for Kentucky on
Q: Issues with driver under influence for medical transport in KY

My medical insurance covers transportation to my doctor every morning through Green Cab in Louisville, Kentucky. On multiple occasions, my assigned driver has attempted to drive under the influence. I have reported this to Green Cab, but the issue persists, causing me to be late or miss... View More

Timothy Denison
Timothy Denison
answered on Mar 25, 2025

Next time you believe he is under the influence, call the police instead.

1 Answer | Asked in Identity Theft and Criminal Law for Kentucky on
Q: Chances of reducing identity theft charge in Kentucky for providing false information?

My fiancé was charged with identity theft, a class D felony, after giving false information to a police officer in Henderson, Kentucky. He has a criminal record, but not related to similar offenses. He gave incorrect information during a police stop where they already had his old mugshot. The... View More

Timothy Denison
Timothy Denison
answered on Mar 22, 2025

Pretty good, I'd say. Sounds like from the facts you gave he is guilty of the misdemeanor offense of giving a police officer false information but not felony identity theft.

1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: Will I return to jail for a DV charge in KY if bonded out?

I was bonded out on a domestic violence charge in Kentucky. My boyfriend wasn’t the one who called the cops, and he hasn't filed a restraining order, although no contact was part of my release paperwork. I have no prior related charges, and I am due to appear in court in April. The bond... View More

Timothy Denison
Timothy Denison
answered on Mar 21, 2025

Highly unlikely that you will return to jail as long as you do not violate any of the terms or conditions of your release.

1 Answer | Asked in Animal / Dog Law and Criminal Law for Kentucky on
Q: 19-year-old faces felony for animal torture. What legal steps to take?

My 19-year-old son is facing a class D felony charge for animal torture after trying to nurse a dog back to health. He eventually surrendered the dog to the Humane Society but lied about finding it in a ditch. He was arrested and released with a court date, and this is his first offense with no... View More

Timothy Denison
Timothy Denison
answered on Mar 19, 2025

Hire him a criminal defense lawyer immediately. Since he has no record, it most likely will be amended to a misdemeanor or diverted.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can we file for dismissal based on protection of another in a KY criminal case?

I need to know if there's a way to file for dismissal in a criminal case based on the defense of protection of another. The case involves Assault 1st degree in Kentucky. A grown man, a convicted felon who was high and drunk, fired his gun during a kid's fight. The child, who has been... View More

Timothy Denison
Timothy Denison
answered on Mar 19, 2025

You cannot file for dismissal based on these defenses but they can be asserted as defenses at the trial of the matter.

2 Answers | Asked in Immigration Law and Criminal Law for Kentucky on
Q: Concerns about detainment affecting naturalization application

Two years ago, I was detained in Covington, Kentucky, for public intoxication but was not fingerprinted, charged, or cited. I was released with a warning and received no paperwork. Now, as a green card holder applying for naturalization, I am concerned about whether this incident will show up in a... View More

Timothy Denison
Timothy Denison
answered on Mar 21, 2025

Most likely, that will not show up nor affect your immigration status, but you should speak with n immigration attorney out of an abundance of caution.

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1 Answer | Asked in Criminal Law, Employment Law, Family Law and DUI / DWI for Kentucky on
Q: How can I ensure the court considers my need for outpatient treatment in my plea deal in Kentucky?

I have agreed to a plea deal involving 45 more days of jail time, treatment, and five years probation for charges of wanton endangerment DUI 1st and possession of marijuana. My public defender has not been responsive to my questions. I am the primary caregiver for my children with health issues and... View More

Timothy Denison
Timothy Denison
answered on Mar 16, 2025

Provide all of this information as well as your treatment records to your public defender so he can submit them to the Court at your next hearing date.

1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: How can I lift a no-contact order from a court in Kentucky after an altercation and avoid further jail time?

I got into a drunken argument with my boyfriend, during which I hit him, and the neighbors called the police. I spent the night in jail and was bonded out, but a no-contact order was issued. My boyfriend did not press charges and does not want this order. I have a court date in a month. How can I... View More

Timothy Denison
Timothy Denison
answered on Mar 16, 2025

Youll need to redocket the case, have your boyfriend come to court and ask the judge to make the no contact order a no unlawful no contact order.

1 Answer | Asked in Employment Law, Criminal Law and Education Law for Kentucky on
Q: Can a KY public school use arrest records without conviction to decide not to hire?

I am applying for a coaching job at a public school, and I have two previous arrests involving drugs and minors; however, both charges were dismissed, and neither resulted in a conviction. I did not disclose these arrests in my application since they resulted in dismissed charges, but I am aware... View More

Timothy Denison
Timothy Denison
answered on Mar 14, 2025

Yes. Whether they will or not is a different story. You probably should have them expunged from your record as a safety precaution.

1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Kentucky on
Q: Consequences of new charges and parole status for fiancé in Kentucky.

My fiancé committed a felony aggravated assault in the 2nd degree in 2012 while on parole and was also charged with persistent felony offender (PFO). Recently, he violated parole by absconding for 4 months, during which he was indicted for identity theft in Henderson, Kentucky, after providing a... View More

Timothy Denison
Timothy Denison
answered on Mar 11, 2025

At least three years and it will violate his parole status. He is dodging the PFO I so it may not be that bad an offer but he is most likely going back to prison regardless.

1 Answer | Asked in Criminal Law, Child Custody and Family Law for Kentucky on
Q: How to defend at personal protection hearing for child abuse in KY?

I have a personal protection hearing scheduled for the 17th, where I am defending against claims of child abuse. I have been served with an emergency order, but I don't have any witnesses for the hearing. There is also an ongoing custody case related to this matter. How should I prepare to... View More

Timothy Denison
Timothy Denison
answered on Mar 10, 2025

All you can do is testify as to your side of the story and I produce documentary evidence if you fo not have any witnesses to refute the allegations.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Kentucky on
Q: Criminal case 'no bill' decision, next steps?

I was the defendant in a criminal case where the decision came back as 'no bill.' I did not receive any official documentation aside from the note written on the inventory paper listing the items the police took as evidence. They returned my gun, which had an evidence tag, but the DVR did... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

You should consult a civil rights attorney to determine whether you have a claim and at a very minimum, get your DVR back.

Q: Can husband get early release from weekend jail despite agreement?

My husband has been sentenced to serve 53 days in county jail on weekends in Crittenden County, Kentucky. He has been diagnosed with mental health issues since 2019, and his condition is declining. His attorney requested house arrest or some modification due to his mental health, but the court... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

It is unlikely but you could certainly file a new motion based on the new evidence you have. An appeal would likely be fruitless bc he will have served out long before it is ever heard.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Steps to reclaim cash bond after 6-month delay in Kentucky case?

I was arrested for having no trailer lights and possession of a white residue in a baggie. I am out on a $2500 cash bond, and I waived my arraignment hearing to be sent to a grand jury for indictment. It has been 6 months, and I have not received any communication or scheduled court dates from the... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

File a motion for the return of the bond, more than 60 days having elapsed since the waiver to the grand jury.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Gov & Administrative Law for Kentucky on
Q: Can my friend still be charged with a felony without indictment after 8 months?

My friend was arrested and charged with burglary after his girlfriend, who was incarcerated, gave him the keys to her safe to retrieve money meant for hiring her a lawyer. She instructed him to avoid the cameras because of her dad, so he entered through a window. Her dad, who is pressing charges,... View More

Timothy Denison
Timothy Denison
answered on Mar 6, 2025

Yes. He can. There is no statute of limitations on a felony.

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