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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: My wife was granted a protection against me and I sent her a text and she turned me on what can happen
Timothy Denison
Timothy Denison
answered on May 21, 2018

You can be prosecuted for violation of the protection order.

1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: In ky, can a CR60.02 be filed solely on perjury. It's seems to me that what was inadmissible is now new evidence.

My girlfriend was convinced by her attorneys to take a conditional guilty plea to be able to appeal.the appeals court overturned circuit. Then supreme court reversed appeals court. But all of the commonwealth's evidence is based on lies or perjury. And I have proof of atleast 5-7 counts of... View More

Timothy Denison
Timothy Denison
answered on May 21, 2018

Yes. CR 60.02 allows a judgment to be challenged based on falsified evidence or other fraud affecting the proceedings.

1 Answer | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: if a 17 year old starts a fight with a 22 year old, could the 22 year old get in trouble for defending herself?
Timothy Denison
Timothy Denison
answered on May 16, 2018

Yes. Always problematic when “victim” is a minor. Hire a good criminal defense attorney to represent and defend the 22 yo. Self defense is always a defense but you really need a lawyer to articulate it properly.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I be charged with trafficking <2 grams first offense without transaction in kentucky?

Methamphetamine

Timothy Denison
Timothy Denison
answered on May 15, 2018

Need more information.

1 Answer | Asked in Criminal Law for Kentucky on
Q: How long will the sentence be for a felony ovi with child endangerment charge in Ohio?

My daughter's father is being sentenced this month. He had a multiple car accident with her in the car. This is his fifth or sixth dui/ovi in multiple states so it's a felony. He pled guilty. What's the minimum and maximum time he can get?

Timothy Denison
Timothy Denison
answered on May 11, 2018

You would need to contact a criminal defense attorney in Ohio. In Krntucky, the sentence would be 1-5 years, plus possible enhancement for persistent felony offender.

1 Answer | Asked in Criminal Law for Kentucky on
Q: How to prove false allegations against you. Case workers are one sided and neglect which has been proven

Case worker has been negligent

Timothy Denison
Timothy Denison
answered on May 9, 2018

You can’t prove a negative. You need an aggressive local lawyer to attack the case and the facts. Mose case workers are incompetent and incapable of doing anything else bc if they could, they wouldn’t be case workers. You need an experienced lawyer with a solid working knowledge of the inner... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Kentucky on
Q: My husband had an affair, is there ANY laws that hold the other woman responsible for my STD testing, and or my therapy?

We are attempting reconciliation, and I feel that she should hold some form of responsibility as she was a willing partner. My lab bills were almost $300 and I see a therapist twice a month at $60 a visit.

Timothy Denison
Timothy Denison
answered on May 8, 2018

Unfortunately, no, unless you contracted an STD from your husband from her. While she may be morally responsible, she is not legally responsible unless you suffered an injury.

1 Answer | Asked in Criminal Law for Kentucky on
Q: In diversion program for class D felony cocaine poss...soon after arrested for contempt/bond violation. What next? TY!
Timothy Denison
Timothy Denison
answered on May 3, 2018

Hearing on contempt for bond violation. Sanction could range from very minimal to removal from diversion. Hire a lawyer in your hometown to see if it can be resolved short of hearing.

1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Consumer Law for Kentucky on
Q: Is a check that was agreed to be held that gets cashed by a business and returned as NSF a civil or criminal matter?

We wrote a check on march 9th at a car lot in Ky for a down payment that the manager agreed to hold until we got our tax refund. Their finance department wasnt told to hold the check and it went to the bank over that weekend and was subsequently returned as non sufficient funds, they were supposed... View More

Timothy Denison
Timothy Denison
answered on May 1, 2018

The Lexington attorney is correct. If they agreed to hold it ( knowing the funds weren’t there and wouldn’t be there until later), it is a civil matter as you cannot defraud one who accepts a check knowing that the funds are not contemporaneously there.

1 Answer | Asked in Family Law and Criminal Law for Kentucky on
Q: I live in Kentucky, the age of consent is 16 I'm 17 and pregnant by a 22 year old. Will anything happen to him?
Timothy Denison
Timothy Denison
answered on Apr 29, 2018

Not likely unless your parents attempt to bring charges.

1 Answer | Asked in Criminal Law, Domestic Violence and Wrongful Death for Kentucky on
Q: murder charge, now claims domestic violence,. before claims accident. premeditation is believed. can she plea bargain?

woman call police after believed premeditated murder. First she claims an accident. She claims self defense because of domestic violence. However she went the night before and got a gun from her father, had it at her house. She claimed he was trying to get in to her. However, the couple was... View More

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

A criminal defendant can always plea bargain. Whether that happens or not is up to the individual commonwealth attorney handling the case.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: Our stepmother deposited an insurance payout into her personal account instead of the estate. Criminal act?

She mishandled Dad’s estate so poorly that the judge appointed a public admin but it appears as though she’s still stealing. I’d like to find out how to press criminal charges, if warranted. I have requested that she attest under oath that there are no other hidden assets- wondering if this... View More

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

Contact the public administrator and relay your concerns. If the PA can find a paper trail of mismanagement and/or theft, they can see that charges are brought against your stepmother. Depositing estate funds to her personal account is at a minimum commingling funds.

1 Answer | Asked in Criminal Law and Traffic Tickets for Kentucky on
Q: hello, I was wondering if you could offer me some help in preparing for an upcoming trial.

I'm 20 years old and I was arrested for 26 mph over, reckless driving, failure to show insurance card, and failure to maintain insurance. I was in my mothers car and was not on their insurance. This is my first offense, first time I've ever had anything go against my driving record.... View More

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

Insurance follows the car, not the person. If there was insurance on the car when you were operating it, the no insurance charge should be dismissed. The failure to produce insurance card will not affect your license or your insurance. The only charge you need to focus on is 26 over bc it is a... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can a case be deferred without a ples?
Timothy Denison
Timothy Denison
answered on Apr 29, 2018

Yes. It can be passed on a motion to dismiss.

1 Answer | Asked in Criminal Law for Kentucky on
Q: To have a felony expunged, is the wait period 5 years from the conviction date or 5 years from when the fine was paid?

I wasn't on probation or parole after my conviction cause of credit for time served, I just had to pay my restitution

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

In your case, with no probation or parole following the conviction, it would be five years from date of conviction.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Legal to conceal carry a gun in a Catholic church that is attached to a school as long as you don't enter the school?

The church and school are attached, but if you simply don't enter the school building itself and only stay in the church building, is it legal to conceal carry (with a CCDW permit, of course)?

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

I’d be very careful here bc I can see a prosecutor arguing they are one and the same bc of their attachment. You also need to determine whether the church has posted prohibitions against firearms on their property.

1 Answer | Asked in Criminal Law for Kentucky on
Q: husband is in jail in princeton ky charged with 218A.1412. same arrest in 2006 any hope on him getting out

arrested on dec 4. cop said they saw the sale and had the conversation. he had nothing else on him except for 1000$ which he is disable and had just recieved his disabilty check on friday the 1st. we have an autistic son who is not taking this well.

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

Possibly. You need to consult an experienced criminal defense attorney in your area to address the bond issue.

1 Answer | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: child was arrested last night can i see him? Do I have to wait for the visitation schedule or is there a booking visit?
Timothy Denison
Timothy Denison
answered on Apr 29, 2018

Visitation rule vary from county to county and jail to jail. Contact the facility he is currently at and find out the visitation schedule. There is no booking visit.

1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: I need to know the legalities on recording audio through surveillance cameras in the state of Kentucky.

I work in surveillance and our supervisors installed a smoke detector camera in our operations room. Management outside the department is unaware. Looked up this particular camera and it functions on Wi-Fi and has audio capabilities. Are they allowed to listen to our conversations in an obviously... View More

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

The law in Kentucky is that if one party to a recorded conversation is aware and consents to the recording, it is legal. However, here it appears no party to the conversation is aware nor present for the recording; hence it is an illegal recording.

1 Answer | Asked in Criminal Law, Civil Litigation, Communications Law and Internet Law for Kentucky on
Q: Have a friend who dated a woman online, found out she’s married with two kids. She’s in Connecticut, he’s in Kentucky.

Is it possible he could get in trouble for telling her husband that she was in multiple relationships online on a phone app? Could my friend go to jail for coming clean to the husband of hers?

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

No. The truth is a defense and the lesson is be careful who you associate with.

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