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Kentucky Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Kentucky on
Q: My moms in Adair county KY jail has been since April 30th 2021 she has a bond of 10,000 but she has not been indicted

Want to get her out what do I do

Leland Hulbert
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Leland Hulbert
answered on Jul 1, 2021

Hire an experienced criminal defense attorney and have them file a 60 day motion for her release.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: State Kentucky what do you think he will be sentenced?

State Kentucky what do you think he will be sentenced? During the search, the following items were seized:

• a baggie of suspected methamphetamine weighing approximately 75.5 grams,

• a baggie of suspected methamphetamine weighing approximately 1.1 grams,

• a baggie... View More

Leland Hulbert
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Leland Hulbert
answered on Jun 30, 2021

Offers on cases can vary wildly based on the facts, the record of the defendant the prosecutor and the judge. Obviously this person is looking at felony time but if they have no record at all they still have a chance at probation if they have a past record of drugs they are more likely to do some... View More

2 Answers | Asked in Criminal Law, Personal Injury and Libel & Slander for Kentucky on
Q: Would I be able to sue for emotional distress?

My husbands ex has been harassing me for years now. She’s made numerous fake accounts, she’s threatened me, downloaded text apps to text my husband (he had to get his number changed) she made a fake Facebook and was commenting on photos of my daughter calling her ugly. She made a fake Snapchat... View More

Leland Hulbert
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Leland Hulbert
answered on Jun 28, 2021

I will contact your local County Attorney or Police and pursue criminal charges of Harassment and Theft of Identity. You can also hire a civil attorney to write a cease and desist letter to her and if it does not stop you could pursue a lawsuit.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: In Kentucky if a person is released on shock probation with a 4 yr and 2 day sentence and happens to

Get their probation revoked will their original sentence start all over or will they still be able to use their prior jail/prison time (good time,) towards their original sentence or will they have to start all over and do the full time.

Brent Cox
Brent Cox
answered on Jun 23, 2021

He or she will get credit for any and all time served on that particular case. When out on parole, a defendant get credit for time on parole, "street credit."

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Will me not getting an epo affect abusers sentence?

I asked about my ex getting a 1st degree strangulation charge a few days ago. When he went to jail I told the police I didn't want to worry about the epo, I just wanted to get my things and leave. But I'm wondering if me not getting it will make the court think differently than if I had... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jun 22, 2021

If there are pending criminal charges that is much more serious than an EPO. The court and the prosecutor will not drop or lower the charges just because you didn’t file for an EPO.

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1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: I live with my mom and step dad I have for a year I help help pay rent and if I get a epo on my stepdad in the state ky

Will he have to leave

Timothy Denison
Timothy Denison
answered on Jun 20, 2021

Most likely, yes.

1 Answer | Asked in Criminal Law for Kentucky on
Q: What kind of time is an already convicted felon looking at if he was arrested again for strangulation 1st degree?

My ex-boyfriend was arrested for strangulation 1st degree and assault 4th degree/domestic violence in Kentucky. He already has a criminal history (dui, resisting arrest, and others) and he is already a felon for a methamphetamine charge. Strangulation 1st degree is now a felon in kentucky and I... View More

Timothy Denison
Timothy Denison
answered on Jun 18, 2021

It’s a class c felony which carries 5-10 years, enhanced to 10-20 years if he only has 1 prior felony, and enhanced to 20 to 50 years if he has 2 or more prior felony convictions.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If a person has been indicted and is incarcerated how many times can the trial be delayed before being dismissed?
Timothy Denison
Timothy Denison
answered on Jun 15, 2021

As many times as the Court will permit it.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: In Kentucky can a harassment charge be dropped? Physical contact, no injury.. hearing coming up in a month

Boyfriend and I got in a fight. He tripped me. I pushed him in defense. He tackled me. I told him to get out. From there it turned into a mess of me panicking thinking he was going to hurt me and restraining him. Police came. Arrested no one. He said I choked him. Police noted no physical marks on... View More

Timothy Denison
Timothy Denison
answered on Jun 14, 2021

Dropping the charge is solely up to the prosecutor snd usually unlikely to happen in a domestic violence case.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: Will a epo violate my parole in ky? My ex filed epo on me. No physical abuse was involved and no charges were filed.
Timothy Denison
Timothy Denison
answered on Jun 11, 2021

Most likely no, bc an epo is a civil proceeding.

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Just found out about a warrant for non-payment of fines on criminal case. What do I do
Timothy Denison
Timothy Denison
answered on Jun 7, 2021

If you pay the fines, they will recall the warrant.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I live in Indiana and I have revoking hearing in hardin county Kentucky the 28th this month. I’m not going be able make

I have no car! Will they come get me for misdemeanor missing court? From Indiana ? I’m confused was I final sentence to a misdemeanor or felony charge? Probation

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jun 5, 2021

Your cases appear to be misdemeanors and you will need to appear for your hearing.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Can assault 4th degree be dropped?

My husband had surgery last Wednesday and was given opiates for pain. He’s also bipolar and takes his meds religiously. The opiates he was prescribed caused him to be manic and he became aggressive and assaulted me. He is 49 and has no criminal history. What are the chances of these charges being... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jun 2, 2021

Domestic violence charges are not typically dismissed. If you hire an experienced attorney and both of you work with him that will help lessen the charges.

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2 Answers | Asked in Criminal Law and Divorce for Kentucky on
Q: How come I got Jail time for my first offense shoplifting

I was with my sister and her husband she was the one who scanned everything and I didn't

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jun 2, 2021

It is not normal to get jail time on your first offense for shoplifting unless it is a very large amount or something else happened. Did you have an experienced private attorney representing you?

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Trafficking a controlled substance (meth> 2g) 1st deg. 1st offense, with a persistent felony offender1 in KY jail time

More than 2 grams. Just curious how much jail time we're looking at.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on May 30, 2021

Persistent felony offender enhances offenses up to two levels. A lot of times you can negotiate a plea deal and get rid of the persistent offender in exchange for plea of guilty. The big hammer with persistent felony offender in the first degree is that some offenses turn into mandatory 10 years... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: How can I get my boyfriend's assault 4th and strangulation 1st dropped in Kentucky? He was on drugs when it happened.

He's been in jail now for a month and has been taking classes for anger and drugs. He's clean and going to go to rehab once he gets out of jail.

Timothy Denison
Timothy Denison
answered on May 29, 2021

It’s solely up to the commonwealth whether the charges get dropped. That isn’t likely to happen.

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1 Answer | Asked in Identity Theft, Criminal Law and Federal Crimes for Kentucky on
Q: Hey I wanted to know what do I need to prove someone stole someone credit card Info and used it online to make purchase

We reviewed the footage and we have video of him putting his phone on the counter next to the computer and waving the cards over it is that enough proof?

Timothy Denison
Timothy Denison
answered on May 29, 2021

Should be, especially if he left with the merchandise and you have the coinciding register receipts for the transaction.

2 Answers | Asked in Criminal Law for Kentucky on
Q: So what does “Parole Eligibility Date” mean? I also see the date with it. But no release date...

Also he got transferred to a work release facility what is this for exactly? It’s not popping up that he has parole eligibility on there just what he was originally in there for. Is this for the privacy of inmates? I don’t know I’ve been waiting for him for 15 months Im losing my mind thank you.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on May 26, 2021

You can contact the facility where he is being held or you can contact the Department of Corrections to determine eligibility dates. You can also check http://kool.corrections.ky.gov/

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2 Answers | Asked in Civil Litigation and Criminal Law for Kentucky on
Q: If a jail will not give mail from the IRS or law materials to help a case is it violation of rights?

He received a letter from the IRS to verify identity they did not give it to him they showed it to him and he was able to write down some of the information on toilet paper. I'm trying to help him verify his identity for his stimulus but it is getting increasingly harder. Also he has requested... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on May 22, 2021

A person loses many rights and liberties when they are incarcerated. There is no specific law that allows them access to mail. Your best bet is to have his lawyer make a motion in the court or talk to the warden or ahead of the jail. If that does not work you can always have a power of attorney... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My husband is in jail for an assault 4 charge the person signed affidavit stop charges still in jail what should I do
Timothy Denison
Timothy Denison
answered on May 17, 2021

Hire him a criminal defense attorney bc prosecution is now up to the Commonwealth, not the victim.

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