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Kentucky Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Kentucky on
Q: I was given some money by a guy. Now he is charging me with fraud. What can I do about it? It is in another state.

I was arrested and I was fired from my job. I did not ask for the money and I did not sign anything to get the money.

Leland Hulbert
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Leland Hulbert
answered on Feb 23, 2021

I would encourage you to contact a lawyer in that state immediately if you were actually being charged with a crime. Generally speaking in fraud cases the more proof you have for your side of the argument the better.

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Kentucky on
Q: I want to have my child's father removed from my home by the police will they automatically call cps to report this?

I was told by a friend anytime a police report is made against a couple with children cps is automatically called and a report is made. I desperately want him removed due to his constant verbal and emotional abuse but I do not want the stress of having cps involved as I have heard the many horrer... View More

Leland Hulbert
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Leland Hulbert
answered on Feb 19, 2021

A court can order CPS intervention or a police can contact CPS if they feel that it is necessary because a child is in dange. However, there are other options that typically do not involve CPS. If you file an emergency protective order/EPO against your husband if he is violent or making threats... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: i got a lawyer in fl dont been convicted there my arrest in ky was for probation violation in ky in 2018 had over e.p.o

e.p.o had been droped when i had moved to fl i talked to a lawyer in ky he told me i should be alright i had went to alcohol assessment paid 60 dollars couldnt afford to go back paid my fines got serious health issues unable to work filed for my disabilty waiting on it now i go to 3 differnt... View More

Timothy Denison
Timothy Denison
answered on Feb 15, 2021

Get your documents for treatment together and deliver them to the court to consider in probation violation case. They may accept them and discharge the probation violation altogether.

2 Answers | Asked in Criminal Law for Kentucky on
Q: i got arrested in grant ky for failure to complete alcohol assessment could not afford to go went to free rehab instead

i was arressted on 7 -11-2020 i had moved to fl in nov 2018 got a dui there in nov 2019 moved backed to ky in dec 2019 went back to fl on jan 22 -2020 for court got 20 days 5 years probation and lost license for 5 yr come back to ky checked into rehab got out been sober every since take vivtrol... View More

Leland Hulbert
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Leland Hulbert
answered on Feb 12, 2021

I don’t understand your question. If you got a DUI in Florida you would be subject to Florida laws and you would have to ask a Florida attorney what the best solution to your problem will be.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Is lying about a felony a crime? It doesnt show up on background check. Also can it violate probation by lying?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 12, 2021

It depends on the context. Is this employment or a court case? Lying to another person is not a crime in Kentucky. Lying to a police officer is also typically not a crime but not recommended. Lying to a federal agent is a crime. Lying to a Judge can be a contempt or even a crime of perjury.... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Is it illegal for my exwife to withhold stimulus payment from me, when both names is on it on IRS website
Timothy Denison
Timothy Denison
answered on Feb 11, 2021

Probably, but your best recourse is to file a motion in your divorce action foe her to turn over the proceeds.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Kentucky on
Q: Can the police pull you over for unconfirmed insurance? I was recently arrested for driving on suspended

Fleeing and evading and resisting arrest because of a traffic stop at 4 in the morning based solely on unconfirmed insurance

Taniesa Velez
Taniesa Velez
answered on Feb 10, 2021

The police may pull you over if they suspect there is a reason to pull you over. You should review your citation that you were given on the date of arrest to get a full understanding of the officer's reasoning.

2 Answers | Asked in Criminal Law for Kentucky on
Q: just curious, what would the charge or penalty be for switching price tags on items at the store for purchase?

taking a $10 item and putting a $2 price tag on it and purchasing said item; so under 500 class A Misdemeanor, would it become a class D felony if it was over $500?

Timothy Denison
Timothy Denison
answered on Feb 10, 2021

It’s still a theft by deception, class A misdemeanor, up to $500 fine and/or 1 year in jail.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: In ky can shock probation be ordered for a probation violation in criminal court?

First violation on a 3 year sentence

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 9, 2021

If you have not already been to prison on the case and the offense is a shock probation eligible felony and you get sent to prison because of her probation violation yes you would be eligible to ask for a shock between 30 and 180 days of serving your prison sentence. The sentencing judge on the... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: In the state of KY how much should I expect to pay a good lawyer for representation on a state probation violation?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 9, 2021

Lawyer rates vary by type of case, level of experience and the difficulty of the case. If you have a misdemeanor probation violation hearing it will likely cost less than a felony probation hearing. If you’re looking for a ballpark range in Kentucky for representation for a felony probation... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: i am 16 and i have to talk with my lawyer on the phone tomorrow. do my parents have to be present?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 7, 2021

It depends on the charges but generally if you do not want them present that is up to you. The Attorney-Client relationship only exists between the client and the attorney not the clients parents.

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: I have a DVO against my ex boyfriend who has violated the Protection order twice. What will happened to him in court?

He was arrested four days ago and charged with violation of dvo and probation. He has a court day coming up in four days and also a hearing for revocation of probation. Will he most likely do jail time and have his probation revoked? Will he be let go? Do I have to show up?

Timothy Denison
Timothy Denison
answered on Feb 7, 2021

He will likely be convicted. Depending on the severity of the violations, he could be facing jail time. If you have been subpoenaed, you do gave to show up ( be it by Zoom, Skype, or in person).

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: I'm on parole in ky. Me and my girlfriend want to live together. Will P.O allow this?

She has no felonies or criminal history. We have a history of domestic violence. The DV charge was in 2016 and a DVO was issued and expired 2 years ago. Do you think my P.O will allow us to live together or will it be automatically denied?

Timothy Denison
Timothy Denison
answered on Feb 6, 2021

It’s up to your PO but they likely won’t allow it bc of the history of SB.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I've had a sound system in my vehicle for over six years no one has ever said anything or complained. But now they are.

I've had the system forever they never complained. But now that we have had a fight about something none related to my music every time I turn it on they want to complain.

Timothy Denison
Timothy Denison
answered on Feb 3, 2021

What is your question?

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2 Answers | Asked in Criminal Law for Kentucky on
Q: In kentucky much should I expect to pay for a good probation violation attorney? The violation is out of criminal court.
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 31, 2021

Fee ranges are based on the attorneys level experience, the county of the violation and whether it is district or circuit court. If it is misdemeanor probation it will likely be less expensive than a circuit court revocation hearing. I would recommend you hire someone that has at least 10 years of... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: In KY, can law enforcement put an audio/video recording device inside a private owned apartment building without consent

Law enforcement entered a building with av recorder where a CI was there to do a controlled buy. The CI did not have permission to be in the building either. The camera was not placed on the CI. It was on a shelf inside the building for hours. The part of the building where this took place was a... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 30, 2021

If the detectives had permission from the owner of the apartment complex or the manager and it was a common area then they can place the recording device there. If it was a private apartment bedroom then they would have to likely get a warrant before they could place the device there if they did... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: How can an officer be under investigation and back on the field shouldn't he be at the desk or something not on the st

I just don't get it how an cop can be back to working after doing things he shouldn't be doing and taking his force of been a cop way over board

Timothy Denison
Timothy Denison
answered on Jan 28, 2021

That is up to the department brass pending investigation. Certainly gives you a lot to work with if he testifies.

2 Answers | Asked in Criminal Law for Kentucky on
Q: how can an officer be able to come to court on anyone when he is under investigation and has been suspend

the news is trying to investigate it to but its a small town so it like there hiding it and keeping it quite which isnt right because this officer has took his law power to far and he letting the badge power go to far

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 26, 2021

The local police department will be able to determine what power he has as an officer until he is fired. Most officers still perform some duties even if they are disciplined. If you have a skilled Attorney on your case he should be able to use the officers problems to get a better deal from the... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: For a first time offense of wanton endangerment first degree and domestic violence fourth degree- likely outcome?

Gun involved but shot at ground. Under influence of alcohol. No one injured or pressing charges.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 19, 2021

It depends greatly on the facts, victim testimony and evidence. Domestic violence cases in Louisville have a special set of prosecutors and are examined very carefully. A felony carries up to five years in prison but these type of charges are on the cusp of a misdemeanor or a felony. I strongly... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I was pulled over for doing 16 over (71 in a 55) .... Court is 01/21. I have no $.. will i go to jail? I just had a baby

I will pay the fine or traffic school when i get paid. But im on maternity leave until feb 1st. I won't get paid from work with disability for being off for at least 2 more weeks and I'm about to spend my last $ on groceries. I just don't wanna go to jail for not having money.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 19, 2021

If you have a pending court date you can appear for that court date via phone call or zoom and enter your plea of not guilty and pass the case for another date. I would tell the Court your situation. You should not go to jail as long as you appear for your court date or have an Attorney appear on... View More

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