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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: If a teenager runs from an independent living facility at age 17. Would they still be charged with anything as an adult?
Timothy Denison
Timothy Denison
answered on Apr 18, 2018

They certainly could be, depending on the severity of the crime.

1 Answer | Asked in Business Law, Construction Law, Criminal Law and Federal Crimes for Kentucky on
Q: Is it against the law to ask someone to commit federal fraud?

I am a contractor on federal grant funded project and the owners ask me to falsify time sheets and and give them free labor and cabinets on a kitchen remodel at his house.

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Yes. That is against the law. Don’t do it.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Pled not guilty to misdemeanor shoplifting charge. Out on $1500 bond. If convicted can i give bond money instead of jai
Timothy Denison
Timothy Denison
answered on Apr 18, 2018

You most likely will receive a suspended sentence without having to do any jail time. The maximum fine on a class A misdemeanor is $500. Whether that is included as a sanction is something to be worked out at the pretrial conference with the prosecutor.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Kentucky on
Q: Does my ex husband prove that he is following all court orders before my daugter gets to live with him?
Timothy Denison
Timothy Denison
answered on Apr 18, 2018

He either proves he has or you prove he isn’t. If he’s not compliant with the court orders, that will likely impact what the judge does in allowing him to see this daughter.

1 Answer | Asked in Criminal Law for Kentucky on
Q: can a commonwealth attorney and a county attorney agree not to file charges against a law enforcement officer?
Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Yes. After consideration of the evidence ( or lack thereof), if they do. It feel they can get a conviction with what they have, they can decide not to charge or if he’s already been charged, decide to not prosecute and dismiss. It is within their prosecutorial discretion.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I have a PO. On the PO, my old employer's address is listed. Can my ex go there, even if I don't work there anymore?

I haven't worked there in three years. PO isn't updated, so I'm curious if he's still allowed to enter there, even though I haven't worked there in years and I live in another state.

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Yes. Unless he is or was prohibited from going there. Not sure why he would want to but there’s nothing illegal about him going there.

1 Answer | Asked in Criminal Law for Kentucky on
Q: How much time will I have to spend away from my child, will it be in jail or prison

Detectives and an atf agent came to my house without a warrant, my wife let them in and they could smell weed so they said they could search the house, I told them where I had afew grams and a scale. They were there to tell me I’m being charged with trafficking marijuana under 8 ounces, in a... View More

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Highly unlikely you spend any time in jail. It’s sounds like a misdemeanor possession at best to me.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My search warrant has no affidavit attached . Is that legal

Also, I would like to add the Warrants particulars were general signed by trial commissioner

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

A: Yes, so long as the affidavit was presented to and considered by the judge at the time he issued the warrant. The police usually do not give you a copy of the affidavit, only a copy of the search warrant.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My search warrant has no affidavit attached . Is that legal

Also, I would like to add the Warrants particulars were general signed by trial commissioner

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

A: Yes, so long as the affidavit was presented to and considered by the judge at the time he issued the warrant. The police usually do not give you a copy of the affidavit, only a copy of the search warrant.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My search warrant has no affidavit attached . Is that legal

Also, I would like to add the Warrants particulars were general signed by trial commissioner

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Yes, so long as the affidavit was presented to and considered by the judge who issued the search warrant.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My search warrant has no affidavit attached . Is that legal

Also, I would like to add the Warrants particulars were general signed by trial commissioner

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Yes, so long as the affidavit was presented to and considered by the judge at the time he issued the warrant. The police usually do not give you a copy of the affidavit, only a copy of the search warrant.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can someone be arrested for selling methamphetamine if the person only wrote their name and address down

My brother was arrested yesterday. The police told him a year ago he apparently sold methamphetamine to someone, and this said person just wrote his name and address down only. Is that actual grounds for arrest, seems more like hear say? He lives in the state of Kentucky.

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

If that is the only evidence they have against your brother, I certainly wouldn’t want to try that case. Unless the caught him red handed with meth, that case is going nowhere.

1 Answer | Asked in Criminal Law and Family Law for Kentucky on
Q: Do you need to have a lawyer for alleged child abuse if you are not guilty and it is in the investigation process?

My husband had already been told by cps that there is a very good chance that they will find him innocent and not even have to go to court.

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

Yes. It is very risky to proceed in any case without a lawyer, regardless of guilt or innocence. There is no stickier trap to get caught in than child abuse allegations. You need a lawyer to guide you through this mine field.

1 Answer | Asked in Entertainment / Sports and Criminal Law for Kentucky on
Q: Can I be prosecuted if I am a fan refusing to leave a high school sports game (soccer), and the referee asks me to?

I witnessed this happen last fall at a regional tournament, although the guy the ref kicked out was not being offensive to the ref or threatening him. He never cussed him out or anything like that either. He just happened to be the loudest one there. Though this situation has never happened to me... View More

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

The ref does not have the authority to eject or remove anyone from the game or stadium and you do not have to leave. However, if school officials ask you to leave the game, you should leave becacuase if you remain you could be arrested and charged with Criminal Trespass.

1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: Will i get in trouble if i call the cops on my roommate for having drugs in my house?
Timothy Denison
Timothy Denison
answered on Apr 18, 2018

You probably will not be charged if you notify them and cooperate in the investigation. However, you are likely to have a very irate roommate if he/she finds out that you are the one who called the police.

1 Answer | Asked in Animal / Dog Law and Criminal Law for Kentucky on
Q: I was charged with animal to Cruelty in the second degree in 2013 I played guilty to it 2017

Was told I couldn't have a dog 4 2 year when can I have a dog again

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

Two years and one day from the Dayy you were sentenced, so some time in 2019

1 Answer | Asked in Contracts, Criminal Law, Appeals / Appellate Law and Civil Rights for Kentucky on
Q: Does a search warrant have to have receipt and return numbers on them like date filed and returned time and date?

How can I get a copy of the application that requested a warrant to be sealed?

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

Yes. There is an inventory of items seized that the officer fills out. You should hire an attorney to make a motion seeking to unseal the search warrant and affidavit. At some point, it will likely be unsealed.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: Probation Technical Violation 30 day sanction will be 4/19. Not due back in court until May 11. Can he Release before?

Can a lawyer file a motion for release? He's been incarcerated since 12/14/17 for a parole violation under 250.00. Can a motion be filed for him to be released.

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

If it’s a probation violation, a lawyer can file a motion for release. If it is a parole violation, the lawyer cannot file with the courrt as the court has lost jurisdiction and it is up to the parole hearing officer. However, if he has a court date May 11, then it is likely a probation... View More

1 Answer | Asked in Criminal Law, Collections and White Collar Crime for Kentucky on
Q: In ky, what is the statute of limitations on filing a misdemeanor warrant for theft by deception including cold checks?

Have 3 cold checks that were written in 2008. The warrant for them was not signed until Sept 2017. Is that not past the statute of limitations on time to file warrant??

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

The statute of limitations on filing a misdemeanor charge (s) is one year.

2 Answers | Asked in Criminal Law for Kentucky on
Q: In kentucky who can access your criminal history. Can they get all your court documents?

Someone has information about me you could only get from the discovery and or court documents.

Timothy Denison
Timothy Denison
answered on Apr 16, 2018

Criminal history and the documents in those cases are all public record and available to anyone who has the time or inclination to look them up.

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