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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: My husband was arrested on dv and assault and I didn't press charges and now there's a no contact order can I drop it?

And if he calls me will I get in trouble for talking to him since I didn't as for it? Im so confused I don't know why he even has charges… in in Henderson, Ky

Timothy Denison
Timothy Denison
answered on Feb 29, 2020

No. You cannot drop it. That decision rests with the prosecutor.

1 Answer | Asked in Education Law and Criminal Law for Kentucky on
Q: Is it legal for an individual to wear body armor on school property?

I don't mean to raise suspicions with anyone, but I am a student who goes to high school in Kentucky. I am currently involved in a Student Safety Patrol at my school, and my principal was worried about my safety in doing this program. I am the only student involved in handling locker room... View More

Timothy Denison
Timothy Denison
answered on Feb 24, 2020

Consult your school principal. If he says it is permissible to wear the body armor, then do so without reservation.

2 Answers | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: Can you object to conditional monitored release in Kentucky?

Every single person with a drug charge is being required to report to Pre Trial Services for random drug screens and forced to pay for them. Personally Im baffled. Innocent until proven guilty is yet again getting bypassed. What if the officer illegally searched? In the meantime you fail a drug... View More

Matt Schalk
Matt Schalk
answered on Feb 18, 2020

You can object to it but then you probably wouldn't get released from jail.

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1 Answer | Asked in Criminal Law and Animal / Dog Law for Kentucky on
Q: Friend stole cat in 2016 and moves place to place but I have her main address and all text messages.

I have all the information about how she was helping me to get her fixed. Her parents were paying for its she asked me if it was ok, I asked to be there for the surgery and when we could pick her up. She threatened that her dad would hurt me.

Timothy Denison
Timothy Denison
answered on Feb 15, 2020

What is your question?

1 Answer | Asked in Criminal Law and Employment Law for Kentucky on
Q: My former employer fired me for theft. Now he writes me letter stating that I owe him 14grand and if I pay him back in 3

My former employer wrote me a letter stating that I have 30 days to repay the lump sum of 14000 dollars or he will notify the county attorney's office and proceed with having me put in jail

Timothy Denison
Timothy Denison
answered on Feb 13, 2020

Much more information is necessary to make an informed decision. Contact a criminal defense attorney near you who can evaluate the case and help you decide how to proceed.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Can I file a motion to dismiss if the victim says I didn't steal her check.

I am being charged possession of Forged instrument. The plaintiff remembers writting the check now. I have a lawyer. Is there anything you can tell me besides I need to contact a lawyer that might help me? How can I be charged if she now remembers writting the check? Timothy Denison if you see this... View More

Matt Schalk
Matt Schalk
answered on Feb 9, 2020

Just because the alleged victim wants to drop the charge doesn’t mean the Commonwealth will. You need to speak with an attorney as soon as possible.

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1 Answer | Asked in Criminal Law, Agricultural Law and Animal / Dog Law for Kentucky on
Q: Defense of Domestic Animal.

I have been combing through the laws when it comes to force and deadly force against a dog attacking my dog. I have found two statues but need further help.

KRS 258.253 (1) Any person, without liability, may kill or seize any dog which is observed attacking any person. But only in the... View More

Timothy Denison
Timothy Denison
answered on Feb 8, 2020

Your analysis is correct. The first statute applies only to people. The second one applies to animals, although if there is justification for doing do, it would probably protect you against a civil claim.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Kentucky on
Q: If a non citizen served time for a felony offense but didnt get deported for it still be later on deported ?

Considering their criminal history can they get deported? Also how long is the deportation process

Timothy Denison
Timothy Denison
answered on Feb 8, 2020

Yes. They can still be deported for it later. Upon seizure the deportation process is usually about 60 days.

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Kentucky on
Q: I’m doing research on S W for a suspects home to look for evidence of a remote outdoor marijuana grow and staleness.

cases being overturned or evidence being suppressed due to staleness in approximately 30 day information to get search warrant for suspects home to find evidence of a remote outdoor marijuana grow .

Can anyone point me in the right direction to find info?

Thank You in advance... View More

Timothy Denison
Timothy Denison
answered on Feb 8, 2020

It will be under staleness of search warrants. May also find help underwrite provable cayse.

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Kentucky on
Q: A defendant was obviously high when testifying during jury trial and jury found him guilty. Can he appeal?

Should a defendant obviously high on drugs be allowed to take the witness stand to testify during his own jury trial? Jury found him guilty of charges and sentenced him to 45 years. Can he appeal this?

Timothy Denison
Timothy Denison
answered on Feb 8, 2020

Yes. He can appeal.

2 Answers | Asked in Criminal Law for Kentucky on
Q: What should I do? There so many questions! There was no search warrant!

This guy left my sister apartment and was stopped. The cops brought him back handcuffed. I heard a knock at the door and he said its Johnny. I open the door and 3 cops are standing there one walks in and holds the door open saying there weed pipe " In plain Site". He ask me to call my... View More

Matt Schalk
Matt Schalk
answered on Feb 7, 2020

There are multiple issues to the fact scenario you have given. You should speak with an attorney right away.

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1 Answer | Asked in Criminal Law, Civil Litigation, Federal Crimes and Juvenile Law for Kentucky on
Q: Idk what to do!??

Me, my brother, his GF & her brother went to get her clothes that one of her ex-friends wouldn't give back. We thought maybe they would be thrown out or something but nothing like what took place. I was driving & carry a pistol on my hip when we get there she knocks on the door &... View More

Timothy Denison
Timothy Denison
answered on Feb 6, 2020

Copy his FB posts and report to the local authorities.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can a Sheriff Deputy or any Police Officer get in trouble for not arresting a person knowing they have 3 warrants in Ky?
Timothy Denison
Timothy Denison
answered on Feb 5, 2020

Theoretically, yes. Practically, probably not.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Attempted theft in Tennessee, of 1000.00, what is law and is it a felony?i missed my hearing, no transportation 80 mi.

I faxed letter to court begging for a new court date, it was denied, I was in need of ride, I live 80 miles from court in Tn. Fta was issued, now in Ky. Jail. Will they transport me to summer cty from Christian cty, and how long do they have to do so.

Timothy Denison
Timothy Denison
answered on Feb 3, 2020

They will not transport you to Sumner County until all your Christian County charges and sentences are resolved. Time does not begin to run on the extradition until the cases are resolved.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I Live in Hopkinsville I missed a Tn hearing, Well I serve the 10 days and be released

Then officer with my ID today and Hopkinsville and west of me I am in Christian County Jail timeframe for extradition?

Timothy Denison
Timothy Denison
answered on Feb 3, 2020

10-60 days.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I go through a court monitoring center in Louisville KY. I'm on verge of getting discharged what can happen if I do?

I've done what was court ordered to do and that was an evaluation and a follow up with the treatment center.

Timothy Denison
Timothy Denison
answered on Feb 3, 2020

If you’re compliant, nothing happens. If you are deemed non-compliant, they could show cause you in or issue a warrant for your arrest.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Don’t you have to be convicted of escape before you go to prison for it
Timothy Denison
Timothy Denison
answered on Feb 3, 2020

Normally, yes.

2 Answers | Asked in Criminal Law for Kentucky on
Q: In Ky if you have a warrent for your arrest do you still have the right to stand your ground / castle doctrine?
Matt Schalk
Matt Schalk
answered on Jan 31, 2020

Contact an experienced criminal attorney to see what viable defenses you may have.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Can you get more then one public defender when you are charged with a serious matter ?
Timothy Denison
Timothy Denison
answered on Jan 29, 2020

Absent a capital case, I sincerely doubt it.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Is there any legal aid , pro bono, or volunteer lawyers in NKY that I can contact in regards to helping with a criminal?

Looking for legal help for a criminal matter. Very low income and in dire need of a attorney .

Brent Cox
Brent Cox
answered on Jan 28, 2020

When you are charged and taken before a Judge, you can request the appointment of the Department of Public Advocacy to represent you. As part of this process, you will need to fill out an Affidavit of Indigence to verify that you are low income do not any means to pay an attorney. Good luck!

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