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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: I had a possession of controlled substance charge in Logan County Kentucky. I accepted a plea deal

My plea deal was 3 years probation and no treatment. My public defender told me if I went to trial I would be convicted. After doing some research of my own I have found evidence that I shouldn't even have been charged with possession. Me and one other person were charged with possession but... View More

Leland Hulbert
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Leland Hulbert
answered on Jan 29, 2023

You cannot withdraw your plea unless it’s very close in time to the plea itself and before you are sentenced. The only option you would likely have after pleading guilty is what’s called an 11.42 motion. That’s ineffective assistance of counsel. You would have to prove that your counsel made... View More

2 Answers | Asked in Civil Rights and Criminal Law for Kentucky on
Q: If someone is residing in a motel room, staff calls police due to marijuana odor. Police arrive and staff open door.

The police knocked but the elderly resident (65 yr old woman with 0 priors) is in bathroom and takes longer than they like to answer. Hotel staff key door and allow cops in. First question is this legal? They then found (allegedly in plain view) drugs.

Question 2: resident was visiting for... View More

Leland Hulbert
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Leland Hulbert
answered on Jan 27, 2023

A person does not have a normal expectation of privacy in a hotel room like they would in their own home so the entry in scenario one sounds legitimate. I would contact the police about the missing property. They have more power and resources to investigate and if they end up charging an employee... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I owe a lot of restitution and I have a showcase court date what does that mean?
Leland Hulbert
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Leland Hulbert
answered on Jan 8, 2023

It is a show cause court date. That is for you to show how much you have paid and in some cases is for you to show that you’ve paid in full. It depends on your case and the terms you negotiated.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: If I have a warrant in Texas for violation of probation, can I get an identification card in Kentucky?
Leland Hulbert
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Leland Hulbert
answered on Jan 6, 2023

You can go to a drivers license division and attempt to get an ID card in Kentucky. I don’t believe they have access to the national warrant system. With that said if you have a warrant out of Texas and you get pulled over for any reason by law-enforcement you could be locked up immediately.

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2 Answers | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: My son is 15 and want to detention center til Monday. He took my car for a joyride. What will they do to him for this?

He was already going to court for smoking pot at school. This time they didn't drug test him to see if he was clean. He is on meds for ODD and ADHD.

Timothy Denison
Timothy Denison
answered on Jan 6, 2023

Likely he will have to answer the charge of unauthorized use of a vehicle. He could be detained by the court, but likely will not be unless he has an extensive juvenile record beyond what you’ve detailed here.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How long does prosecution have to respond after shock has been filed?
Leland Hulbert
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Leland Hulbert
answered on Jan 5, 2023

If a motion for shock is filed the Judge can deny the motion immediately or set it for a hearing. The prosecution does not have to respond but they will likely appear at the hearing and oppose shock probation unless there was a prior agreement.

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2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: My son, who is a juvenile was arrested and I was not notified I had to find him, can I sue
Leland Hulbert
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Leland Hulbert
answered on Jan 2, 2023

It’s not likely that you can sue law-enforcement for juvenile arrest unless the police use excessive force or he was taken to another county or you were not notified for 48 hours or more.

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2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: What are the laws on a Speedy Trial in Kentucky?

I have had my trial continued 2 times and it's been drawn out for 2 years. I feel like my right to a speedy trial is being ignored.

Timothy Denison
Timothy Denison
answered on Jan 1, 2023

180 days if other cases. You have to make a motion for a speedy trial in the case before the time starts to run.

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2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: What are the laws on a Speedy Trial in Kentucky?

I have had my trial continued 2 times and it's been drawn out for 2 years. I feel like my right to a speedy trial is being ignored.

Leland Hulbert
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Leland Hulbert
answered on Jan 1, 2023

The right to speedy trial is within 180 days if you’re being held on another case. If you only have one case and you agree to continuances then you’re right to speedy trial is not invoked. You need to talk to your attorney. On circuit court trials they typically take 1 to 3 years. Covid has not... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Used cash advance app and did not repay. A few months later, created new account and withdrew another $115.

Can this be held against me legally ? I regret it and plan on paying back but am worried

Leland Hulbert
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Leland Hulbert
answered on Dec 29, 2022

If you have borrowed money from a company, person or app you could be obligated to repay the debt. If this is from a company then they will likely turn your case over to collections and that could negatively impact your credit. I would contact the company and pay the debt,

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2 Answers | Asked in Criminal Law and Identity Theft for Kentucky on
Q: I recently took an attempted theft charge that was in what my lawyer called a "package deal" that I did not commit.

I knew since the day I got arrested for it that somebody had to of used my stolen ID to rent a U-Haul and didn't return it. Finally at court my lawyer says if I want off HIP and my other charges lowered to take the package deal. I never got to see my motion of discovery. She even said that it... View More

Leland Hulbert
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Leland Hulbert
answered on Dec 20, 2022

You never have to take a charge you always have the right to go to trial but if you want to get off Bond or HIP or other restrictions and you choose to plead guilty you give up many rights including the right to go to trial.

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1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: How can someone be arrest on a complaint warrant when it wasn’t the victim that didn’t do the complaint at all. When the

Victim was the one that police came in on and because the detective didn’t get what me wanted from me he turned to my boyfriend and had him arrest 3 months after the fact. The Sheriff’s that came was confused over it and, supposedly the warrant wasn’t signed by a judge either. He spent 78... View More

Timothy Denison
Timothy Denison
answered on Dec 11, 2022

An arrest can be made by police in a domestic case based on probable cause determined by the officer. He does not have to witness it or be present. An arrest may also be made upon a warrant issued upon a sworn statement of the police or private citizen. Consult a criminal defense lawyer near you... View More

2 Answers | Asked in Criminal Law for Kentucky on
Q: I have a failure to appear warrant in Florida will I be able to get a Kentucky id without going to jail
Leland Hulbert
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Leland Hulbert
answered on Dec 5, 2022

They will not arrest you at the ID place but anytime you’re pulled over you could be arrested for an out of state warrant depending on what the charges are. I think it’s safer to clear that warrant out before you try to get an ID.

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2 Answers | Asked in Criminal Law and Family Law for Kentucky on
Q: Violating EPO

What happened to the second time you violate any Epo ? Does it turn into a felony?

Jonathan Hodge
Jonathan Hodge
answered on Dec 4, 2022

In Kentucky, violation of an EPO constitutes contempt of court which is prosecuted as a Misdemeanor A (can be jailed up to 365 days on conviction). There is no enhancement of this misdemeanor penalty to felony.

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1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: I think my son just received a higher charge, because his big brother just served 5 years for a battery.

Youngest son been going back and forth court for 2 years on misdemeanor. Trail date was set for 8th this month. Strange same time his older brother was released charged jumped to a felony. My son and the victim still maintain that what he is being accused of did not happen the way they saying.... View More

Leland Hulbert
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Leland Hulbert
answered on Dec 2, 2022

It’s a little hard to follow your fact pattern but it sounds like you’re saying he was charged with a misdemeanor for two years and then a few days before a trial they moved it up to a felony? That is very rare and sounds strange. It’s possible for them to indict felony charges at any time as... View More

2 Answers | Asked in Criminal Law for Kentucky on
Q: Can a warrant be withheld, unknown to the person on probation, until his probation is up, then serve him with it ?

Is it legal to have the opportunity to serve a warrant, but withhold it for over a year?

Leland Hulbert
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Leland Hulbert
answered on Nov 20, 2022

It depends on the circumstances. If someone like your probation officer who knows your whereabouts and sees you every month has the warrant and doesn’t serve it on you that would be an issue. If someone has been trying to find you for a year but could not find you that would be a different issue.

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3 Answers | Asked in Criminal Law for Kentucky on
Q: My boyfriend is in jail in ky waiting to be inditment and his 60 days will be up on Thanksgiving when will released
Jonathan Hodge
Jonathan Hodge
answered on Nov 18, 2022

If a defendant has been held to answer, without being indicted, for longer than 90 days from the finding of probable cause, the circuit court shall, upon motion, order discharge of a defendant from custody. The problem in your scenario is that his 60 days expires on a court holiday. If such a... View More

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3 Answers | Asked in Criminal Law for Kentucky on
Q: My boyfriend is in jail in ky waiting to be inditment and his 60 days will be up on Thanksgiving when will released
Leland Hulbert
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Leland Hulbert
answered on Nov 18, 2022

I would hire an Attorney to contact the Commonwealth Attorney's Office. An Attorney can also file a motion to make the Court aware of the situation. If this motion is heard before Thanksgiving the Court will be on notice of the situation and could make a favorable ruling.

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2 Answers | Asked in Criminal Law and Animal / Dog Law for Kentucky on
Q: Can you sue someone for attempting to kill a valuable thoroughbred horse, if the attempt was thwarted & the horse was OK
Leland Hulbert
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Leland Hulbert
answered on Nov 7, 2022

There is a criminal charge for cruelty to animals and you could talk to local law-enforcement about potential charges. I’ve never heard of that being charged when the attempt was unsuccessful but it is possible if you have a good proof. As far as a civil lawsuit you would have to consult a civil... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: If a house is demolished after a person is charged with burglary 2nd degree & TBUT can it be dropped to criminal trespas
Timothy Denison
Timothy Denison
answered on Nov 1, 2022

The subsequent demolishing of the house after burglary is not a basis to have the charge amended from burglary to criminal trespass. It could theoretically be amended, yes, but you would need a valid basis.

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