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Kentucky Criminal Law Questions & Answers
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
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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
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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
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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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1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: My probation recently expired 2 weeks ago but apparently Im still on it as well as having an active warrant for which

Noone can give me an answer as to why i have it. My question is, is there something illegal going on here?

Brent Cox
Brent Cox
answered on May 14, 2021

The best person to ask is your probation officer. I don't think anyone else would know why.

1 Answer | Asked in Criminal Law for Kentucky on
Q: What steps need to be taken to apply for HIP?

The inmate lived in Bell County, is incarcerated in Harlan County, pursuing transfer to Jackson County for better accessibility to classes and work programs. His parole officer is in Jefferson County and we are currently waiting on a ruling from the Jefferson County Judge for his parole violation.... View More

Timothy Denison
Timothy Denison
answered on May 13, 2021

File a motion for HIP with the sentencing court.

2 Answers | Asked in Criminal Law for Kentucky on
Q: What are the eligibility requirements for HIP in KY?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on May 12, 2021

There are no specific requirements. It is within the Judges’ discretion. Not all counties offer HIP.

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: I need a Kentucky criminal lawyer asap
Leland Hulbert
PREMIUM
Leland Hulbert
answered on May 9, 2021

There are highly recommended lawyers on this website and on other reputable websites. My advice is to hire someone that has at least 15 years of real criminal law experience.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Did grand juries meet during this present pandemic, particularly October 2020 in Perry County Kentucky?
Timothy Denison
Timothy Denison
answered on May 7, 2021

You will need to call the Perry Circuit zclerk snd inquire.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Who can help me get my home back that was sold illegally
Leland Hulbert
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Leland Hulbert
answered on May 7, 2021

If you are in Ohio you need to talk contact a lawyer licensed in Ohio that deals real estate transaction work.

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3 Answers | Asked in Criminal Law for Kentucky on
Q: What can i do about a police report that i filed Feburary 9 2021 and nothings been done about it i had 9,000 stole

My ex hacked my phone and had my unemployment backpay sent to her bank

Leland Hulbert
PREMIUM
Leland Hulbert
answered on May 6, 2021

I would call the police department and try to get in touch with the person you spoke with to see if the report has been forwarded to a detective for review. You could also call the unemployment office and they may have special investigators that would look into your case.

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2 Answers | Asked in Consumer Law, Criminal Law and Small Claims for Kentucky on
Q: Puppy purchased from a breeder in Ky -said it was a specific mix of breeds, DNA test showed otherwise. Is that fraud?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on May 4, 2021

It depends on what was promised.what the breeder knew and how reliable the DNA test is? If the breeder knowingly misled you and sold you something he knew to be false then that could be a case for fraud.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Kentucky on
Q: So I recently got pulled over due to no seat belt on but got charged with 4 different charges. What is going to happen?

No seatbelt, suspended license (which was new to me), no insurance, no registration plates. The officer didn't handcuff me and im assuming it was because of my carseat. Am I just going to pay a fee? If so, how much?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on May 3, 2021

If you have proof that you had a valid license and insurance you are not looking at any jail time. If anything was suspended or lapsed at the time you were pulled over you need to get it renewed before court. I would contact an experienced Attorney to help represent you and minimize your exposure.

2 Answers | Asked in Criminal Law for Kentucky on
Q: How to get back a firearm that police took as evidence, but the case was thrown out, and I was told to pick up the gun

I have tried contacting the sheriff department and arresting officer. I am told they will be in contact, but have never received a call or anything, after 6 times of speaking with the sheriff's department. What can I do to get back my property?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on May 3, 2021

Contact the property room in your county. Take proof of the case dismissal to that office and they should release your property.

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2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: Can a person ROR out if caught with possession of methamphetamine
Leland Hulbert
PREMIUM
Leland Hulbert
answered on May 1, 2021

Bond is always in the discretion of the Judge. The factors are serious nature of the offense, likelihood to reoffend, prior record and the defendant's financial ability to post bond. To answer your question yes it is possible.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Can you be charged with a misdemeanor but convicted of a felony
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Apr 30, 2021

You can be charged with a misdemeanor and it can be amended up for certain reasons like if they find out it’s a fourth offense DUI or a third assault within five years etc. You would have to be indicted on any felonies before you are convicted.

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