Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: Hi my boyfriend is in jail

Inmate classification said hold other no bond posted and he has 2 warrents in different states one in owensboro one in muhlandburg ky but can he be moved to the other jail

Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Apr 16, 2018

Yes. He can move within the state. Both Owensboro and Muhlenberg are located in Kentucky. Kentucky is a bond state. This means that although the bond may be really high there has to be a bond set. There should be a bond that is articulable and able to be posted. There could be a typo in the... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can one single areast make me a persistent felony
Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Mar 18, 2018

Yes and No. If you have two qualified prior felony convictions then you would be PFO 1. You qualify the felony convictions in that to count for Persistent Felony Offender you have to be over 18 at the time of committing the felony. If they are separate felonies then they can only enhance once... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Kentucky on
Q: Can you get in legal trouble for messaging someone on facebook?

Hello. I met a woman at a coffee shop, and found her on facebook. I remembered her name. I asked, very politely, if she would be willing to talk more. I also found her e-mail from facebook, and sent her an e-mail as a lot of people don't check their facebook messages. I intentionally worded it... View More

Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Mar 4, 2018

Of course. If I write "I am going to kill you," or "I am going to kill John Doe," this equates to terroristic threatening. Terroristic threatening can be delivered by anyone not the utterer. Another words someone else can read it and relay the message. It does not dilute the... View More

2 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Kentucky on
Q: Can I say my car was stolen?

I let my friend borrow my car to go to the gas station and back. I have a witness that I said, "Promise me, only the gas station and straight back" and he said, "Yes, I promise. There and back." 4 hours later I get a call that he has totaled my car in a ditch driving drunk. He... View More

Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Mar 4, 2018

The proper charge is Unauthorized Access to a Motor Vehicle. If you say it was stolen your friend will retaliate with, "hey, I know him and he gave me the keys and authority to drive the car. I was gone four hours, but I had no intent to permanently deprive him of his vehicle. He knows... View More

View More Answers

1 Answer | Asked in Criminal Law for Kentucky on
Q: My friend is in court right now I first offense possession of heroin possession of meth possession of Contraband she

She has them to court twice already what opportunities to hire her own lawyer she does not have one this is the third time so proceedings must go on should she represent herself and plead not guilty?

Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Mar 4, 2018

She is entitled to a public defender. Often, and I am mean always, there are private attorneys in the courtroom that day. If you had $250-$500 one would gladly help. The case, if like Jefferson County, would spread out over a long period of time waiting for KSP (Kentucky State Police) to finish... View More

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Kentucky on
Q: Is possession of marijuana illegal on school grounds even if the person claims that they weren't aware of the marijuana?

For a mock trial in high school class, we represent the teacher who searched the bag and several other random student's bags. We believe there was reasonable cause.

Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Mar 4, 2018

There is no criminal offense that is strict liability in Kentucky. You have to have known marijuana was on you and in school. I don't think it is enough to say, "yea, its mine. But, I swear I left it at home with my bong and album cover I use to de-stem my stash."

Being...
View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: Has there ever been a case where someone has been given a pretrial diversion for a manslaughter or murder charge

We know two people who got a Pre trial diversion for their crime that should not have and the one done broke her pre trial diversion and got a slap on the wrist. We're trying to find out if there have ever been any cases where a pretrial diversion was given on manslaughter homicide or murder... View More

Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Mar 2, 2018

Not manslaughter or murder, but reckless homicide probably. Manslaughter one and two in Kentucky are Class C and Class B felonies, respectively. Pretrial diversion is available only for Class D felonies in Kentucky. That would make it a Reckless Homicide.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I had a misdemeanor charge for possession of marijuana. I'm eligible for expungement but...

I had a misdemeanor charge for possession of marijuana. I'm eligible for expungement but... I don't know what agencies to include on the expungement form. I'v been putting this off too long, and the people at the courthouse say they can't tell me.

Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Mar 2, 2018

The clerks have a set of agencies which are written down and suggested for you. Depending on the arresting agency, say Louisville Police Department, LMPD. LMDC, KSP and AOC and CHFS. They don't normally include KSP, because they run the epungements, but I do.

I also place in the...
View More

1 Answer | Asked in Criminal Law and Car Accidents for Kentucky on
Q: I was involved in an accident w/ no ins.that caused damage to another vehicle can I appear in court online I have moved

Too a different state what can I do

Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2018

Usually can't appear online. You return and face the music. Suggest you get a consult with an attorney as you can have big issues.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Ky law i have 60 days to be indicted or released. Is that after arrest or after it is bound over by the grand jury?
Kristin Michelle Russell
PREMIUM
Kristin Michelle Russell
answered on Feb 9, 2018

"...if a defendant has been held to answer, without being indicted, for longer than 60 days from the finding of probable cause pursuant to RCr 3.14(1), the circuit court shall, upon motion, thereupon make an order discharging such defendant from custody; or, if such defendant is free on bail... View More

View More Answers

1 Answer | Asked in Criminal Law for Kentucky on
Q: a misdemeanor: receiving stolen property under $500 in 2013. 2 years unsupervised probation. When can it be expunged

Can it be expunged in 2018, 5 years after it happened? Or in 2020 5 years after probation?

Kristin Michelle Russell
PREMIUM
Kristin Michelle Russell
answered on Feb 9, 2018

"...no sooner than five (5) years after the completion of the person's sentence, or five (5) years after the successful completion of the person's probation or parole, whichever occurs later." KRS 431.073.

2 Answers | Asked in Criminal Law for Kentucky on
Q: I was arrested on felony drug charge in Kentucky. I'm I'm currently released on Bond. What happens if not indideted
Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on Dec 29, 2017

Is this a KY case or a MD case? MD depends on how the case resolves. Can’t speak for KY...

View More Answers

1 Answer | Asked in Criminal Law and Child Support for Kentucky on
Q: I was sentenced to5 years for child support the sentence ended this month how can they keep me on parole until 2099

Its parole from Kentucky

Cheryl Powell
Cheryl Powell
answered on Jun 16, 2017

You need to post this in ky lawyers.

1 Answer | Asked in Criminal Law, Civil Litigation and Wrongful Death for Kentucky on
Q: My brother was robbed an murdered an missing the man who killed him placed his body on his mom an dads farm.

I need to no if I can sue the mom an dad of a cival suit cause of them removing the bloodstained carpet were there son killed an shot my brother then made his body unidentifiable and removed all carpet in house an burned it an replaced it an then rented there house an I think they helped there son... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

It's up to the DA to prosecute. You can sue, but unless these folks have money that won't get you anywhere. You can't do more that agitate peacefully.

1 Answer | Asked in Criminal Law and Car Accidents for Kentucky on
Q: If 4 witnesses said that I did something I didn't do, does my word even matter or will the court side with them?
Peter N. Munsing
Peter N. Munsing
answered on May 23, 2017

Depends on their credibility and yours. Check out "My Cousin Vinnie."

Certainly, if it's a car crash and the witnesses are all sitting in the car with the other driver, that's not necessarily a win for them. However if the four people are all divinity students with...
View More

2 Answers | Asked in Criminal Law for Kentucky on
Q: Can your probation be modified without my agreement or past my telease date
Brian Lehman
Brian Lehman
answered on Feb 20, 2017

Yes, your probation is determined by the judge and can be modified as circumstances change regardless of your consent because you were found guilty of a crime (either you had a verdict or plead guilty). Probation often goes past release dates. The best thing to do is talk to a lawyer and have... View More

View More Answers

1 Answer | Asked in Construction Law and Criminal Law for Kentucky on
Q: If i climb a construction crane could i do jail time or just pay some fines?
Brian Lehman
Brian Lehman
answered on Jan 29, 2017

You could do jail time depending on what the prosecutor wants.

1 Answer | Asked in Criminal Law, Personal Injury, Education Law and Juvenile Law for Kentucky on
Q: My daughter is 15 and was assulted by 2 different girls in the same day different times

My daughter was assulted by a 17 year old girl who wasnt supposed to be on the school bus and i wasnt contacted... then arrived at school and was violently assulted by another girl which resulted in a concussion where she was on cognative rest for 2 and a half days.. i was informed two days later... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 27, 2017

Talk to an Education Law Center if they have one ; contact a member of the Kentucky Justice Assn who handles education issues--they give free consultations.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can a police officers let themselves into my residence without any warning, not even knocking. And arrest me?

They had a seal indictment on me for trafficking . The indictment was dated two weeks prior to the arrest. Again they didn't knock, ring door bell or anything, just walked in, up the stairs to the living room. And nonchalantly, asked my son if he was me.

Paul Stanko
Paul Stanko
answered on Oct 15, 2016

You do not need to announce if you are serving an arrest warrant.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I file sex charges and a restraining order on him to keep him away

My 17yr old daughter ran away lastnight with her 18yr old boyfriend. I called the Kentucky police to report her missing they started to look for her. When they found my daughter her 18yr old boyfriend was charged with unlawful transaction with a minor 3rd degree and was arrested. Can I file... View More

Paul Stanko
Paul Stanko
answered on Oct 9, 2016

Individuals do not file criminal charges. The Commonwealth will decide what charges are filed. As to whether he is ordered to stay away from your daughter, the prosecutor can tell you whether the court has ordered that. Even if it hasn't, his defense attorney will undoubtedly tell him to stay away.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.