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Kentucky Gov & Administrative Law Questions & Answers
2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Kentucky on
Q: I am a National American (Californian).. The DA and the State Trooper both used the oxy-moron "SOVERIN CITIZEN" in the

I was stopped at a not properly set up safety check point . i was told i had to have a D.L. I told him I was traveling not driving and what law did i break and his R A S .in turn He broke my window out ,Tased me 3 times, which in turn released my foot off my brake truck rolled they backed up so... View More

John Michael Frick
John Michael Frick
answered on May 15, 2024

Obviously, if you were operating a motor vehicle on a public road, you were legally obligated to produce a valid driver's license upon the request of a peace officer. If you were not driving the motor vehicle but were travelling as a passenger in the vehicle, the peace officer could validly... View More

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1 Answer | Asked in Gov & Administrative Law for Kentucky on
Q: Can I repossess a car I sold 3 years ago if the buyer failed to transfer the title
James L. Arrasmith
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answered on Apr 10, 2024

I understand you're in a difficult situation, but unfortunately you can't legally repossess the car, even though the buyer failed to transfer the title. Here's some key information about your situation:

- Once you sold the car, ownership transferred to the buyer, regardless...
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1 Answer | Asked in Gov & Administrative Law for Kentucky on
Q: Can I offer My services as a certified APSS in KY as my own entity/business w/o the supervision of a DR. via zoom?

I am a certified ADULT PEER SUPPORT SPECIALIST offering peer counseling primarily to recovering addicts and their family members and friends. I am wanting to start my own business through teleheath via zoom, and/or visiting clients at their homes/church/parks/ or other specified locations. These... View More

James L. Arrasmith
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answered on Mar 26, 2024

In Kentucky, if you are certified and plan to offer your services as an Adult Peer Support Specialist, it's important to note that you do need to work under supervision. This means that your services, when provided, must be overseen by a qualified professional. The range of professionals under... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Kentucky on
Q: In kentucky can a tow company refuse to release my car if I have a licensed driver to get it off the lot?
James L. Arrasmith
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answered on Mar 25, 2024

In Kentucky, like many other states, a tow company can refuse to release your car under certain circumstances. The most common reason for refusal is non-payment of towing or storage fees. Before a tow company releases your vehicle, you need to ensure all associated fees are paid. Additionally,... View More

2 Answers | Asked in Family Law, Gov & Administrative Law, Military Law and Public Benefits for Kentucky on
Q: My daughter's father was killed over seas. He was in the United States army once stationed at ft Knox and fort polk

What can I do about getting my daughter's benefits from his death for support for my child his name is xx

Robert Donald Gifford II
Robert Donald Gifford II
answered on Jan 9, 2024

Order his military records from St. Louis from the National Archives. You can find that information online. I would request the entire file, to include medical, DD214, etc. Once you receive, go to the Veteran's Administration website and they will give additional guidance. You may also get... View More

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2 Answers | Asked in Family Law, Gov & Administrative Law, Military Law and Public Benefits for Kentucky on
Q: My daughter's father was killed over seas. He was in the United States army once stationed at ft Knox and fort polk

What can I do about getting my daughter's benefits from his death for support for my child his name is xx

James L. Arrasmith
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answered on Jan 17, 2024

I'm sorry to hear about your loss. To pursue benefits for your daughter due to her father's service and untimely death, you should start by contacting the Department of Veterans Affairs (VA). They provide various benefits to dependents of deceased service members, including Dependency and... View More

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2 Answers | Asked in Constitutional Law, Gov & Administrative Law and Municipal Law for Kentucky on
Q: I work at a church in Kentucky. We have a school, but it’s a separate building. Am I allowed to carry a concealed weapon
James L. Arrasmith
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answered on Dec 30, 2023

In Kentucky, the laws regarding carrying a concealed weapon, especially in places like schools and churches, can be quite specific and are subject to certain conditions and restrictions.

For churches, the ability to carry a concealed weapon often depends on the church's own policies....
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1 Answer | Asked in Gov & Administrative Law, Traffic Tickets and Appeals / Appellate Law for Kentucky on
Q: Can a hearing trial deal out a harsher punishment after the judge has carry out her judgment?

I once was told that a friend was offered a deal if he was to plead guilty. He would receive no points in his record after he completed his assigned course. But three-days later, was called in for a hearing and was handed out a 90 days suspension on top of that.

Timothy Denison
Timothy Denison
answered on Dec 13, 2023

What you describe is two fold. Part of the penalties (criminal) are administered and enforced by the Court. Other half of penalties (admin) are administered and enforced by Drivers Licensing. They are separate and distinct but the don’t give you this information when you are going through it.

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Kentucky on
Q: Someone is trying to get the local library to run their business for them without paying them in KY. Is that illegal?

Person walks into a local library and asks them to run their business for them, asks them to design business cards, ads, flyers, etc. They are argumentative if they are denied, a real Karen type of situation.

T. Augustus Claus
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answered on Nov 10, 2023

Libraries are public institutions that provide free access to information and resources to their patrons. Libraries are not typically obligated to provide services to businesses or individuals for profit.

If the person is argumentative or demanding, the library may refuse to provide the...
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1 Answer | Asked in Gov & Administrative Law for Kentucky on
Q: In kentucky am i allowed to gift a friend my pistol who is 18 but i am 21
James L. Arrasmith
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answered on Nov 9, 2023

No, in Kentucky you generally cannot legally gift a handgun to someone under 21 years old, even if you are over 21.

Here are the key factors under Kentucky and federal law:

- Under federal law, the minimum age to purchase or possess a handgun is 21 years old (18 USC § 922(b)(1))....
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2 Answers | Asked in Gov & Administrative Law and Municipal Law for Kentucky on
Q: How do I request a hearing about an impounded vehicle
James L. Arrasmith
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answered on Nov 8, 2023

To request a hearing about an impounded vehicle, you should first contact the agency responsible for the impoundment to inquire about the procedure for challenging the impound. This often involves filling out a form or writing a formal letter of request. Make sure to do this promptly, as there may... View More

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2 Answers | Asked in Gov & Administrative Law and Municipal Law for Kentucky on
Q: How do I request a hearing about an impounded vehicle
T. Augustus Claus
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answered on Nov 9, 2023

Contact the local government agency that impounded your vehicle. This may be the police department, sheriff's office, or city parking authority.

Inquire about the process for requesting a hearing. The agency may have a specific form that you need to fill out, or they may simply require...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Kentucky on
Q: Will a process server from a sheriffs officer arrest you if you have a bench warrant?

I’ve known about the bench warrant for a month now and am just now able to come up with the cash to get it paid for and the community service complete that goes along with it. I came home today and noticed a Process Server from our local Sheriffs department had left a note to call them on my... View More

Leland Hulbert
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Leland Hulbert
answered on Oct 6, 2023

Yes. A sheriff can arrest you. If you call them and ask them what it’s about they’re not going to know where you are and you don’t necessarily have to follow their instructions to turn yourself in. My advice would be to borrow funds and pay the bench warrant.

1 Answer | Asked in Gov & Administrative Law and Social Security for Kentucky on
Q: My surviving spouse ss was approved in May, when will I get the back pay?

It took over a year after I applied to get approved for survivor benefits. I started receiving the check in May 2023, but still haven't gotten back pay. SSA tells me when I call that the amount I'll get is being calculated or that it's in the payment center. Isn't there a... View More

James L. Arrasmith
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answered on Sep 21, 2023

The Social Security Administration does not have a specific deadline for processing back pay, but they are generally expected to process these payments as promptly as possible. Delays can occur due to various factors, including the complexity of the case and workload at the payment center. If you... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Kentucky on
Q: Can the police pull you out of your home and not allow you to enter until they get a search warrant?

I live in Kentucky. I use delta. My neighbor called the police on me saying I was smoking weed (delta is legal here). I spoke to the officers on my porch and they insisted they could smell weed and threatened to pull me out of my home, and not allow me to go back in until they got a search warrant.

T. Augustus Claus
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answered on Jul 21, 2023

In the United States, including Kentucky, the Fourth Amendment to the Constitution protects individuals from unreasonable searches and seizures. This means that law enforcement generally needs a search warrant to enter and search your home without your consent.

However, there are some...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Kentucky on
Q: Can the parole board put a no contact order between two married people?

I was a minor when I had a relationship with an older man. He went to prison and served his time. 5 years we went without speaking. I contacted him in prison a little before he got out. I was 20 at the time. When he got out he went on probation and a no contact order between us was in his terms of... View More

Timothy Denison
Timothy Denison
answered on May 5, 2024

Yes. They have the power to restrict or eliminate contact for anyone under their supervision.

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Gov & Administrative Law for Kentucky on
Q: I found out a global organization that I had applied to a while back gave out an I-9 form with all of my info. Help?

I recently found out a global organization based out of Singapore that I had applied to a while back gave out an I-9 form with all of my information to someone else who was applying to the company. Thankfully the woman who received it reached out to me, she said it had my phone number, ssn,... View More

Timothy Denison
Timothy Denison
answered on Aug 2, 2023

There might possibly be but if they’re located in Singapore, be expensive and difficult to litigate. Additionally, it sounds like there are no damages so I probably wouldn’t pursue it.

1 Answer | Asked in Real Estate Law, Municipal Law and Gov & Administrative Law for Kentucky on
Q: We live in the country in Ky, this group of outfitters bought and old church and want to make it a lodge for the hunters

Also an event center, the ground and the building has 10 restrictions, can they still do it. Should only be a church

Anthony M. Avery
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answered on Apr 19, 2023

Hire a KY attorney to search the Title. If there is a reverter clause, then the grantor's heirs might now own it. It will require a difficult Quiet Title Action to get Title. Best course is to have the last Trustees of Church AND grantor's Heirs sign a Quit Claim Deed as grantors.... View More

1 Answer | Asked in Appeals / Appellate Law, Federal Crimes and Gov & Administrative Law for Kentucky on
Q: The judge filed an agreed order and dismissal but I didn’t agree. Can I object the order or do I appeal?

Plaintiff never showed any evidence at all. Plaintiff did not show up the last 3 court dates. I’ve motioned to dismiss. Also, the judge has already seen me on the same case from 2017. Plaintiff is over a year past statute of limitations. I know for a fact, because my co-Defendant tried to sue... View More

Timothy Denison
Timothy Denison
answered on Mar 25, 2023

You can object to the order and then appeal if you lose your objection.

1 Answer | Asked in Business Law, Gov & Administrative Law and Criminal Law for Kentucky on
Q: I need to get my license renewed but I have a petty warrant for failure to appear, will they check for warrants?

It’s a petty warrant but I just need to go get my license renewed without being arrested at the dmv, I’ll handle the warrants separately

Timothy Denison
Timothy Denison
answered on Dec 27, 2022

No. They will

Not check for warrants.

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