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Kentucky Questions & Answers
2 Answers | Asked in Criminal Law for Kentucky on
Q: Can you be charged with something that was not found on you if you dont set up three people

Passenger was charged with meth they did not find in him or in his possession they found it in a cigarette pack that was behind a movie thing at the dollar store they told me I would get indicted if I don't get a buy on three individual and would set my bail so high I wouldn't get out... View More

Timothy Denison
Timothy Denison
answered on Nov 27, 2024

I see the fact scenario you e given here, no.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Kentucky- I was pulled over at the dollar store for license plate not having a light my passenger got out of vehicle and

Walked to side of store and officee said come back here and so I got out of vehicle and walked back toward cop and so did passenger passenger was charged with meth from a cigarette pack that was behind the movie thing in front of the dollar store which I never went or was around but officer told me... View More

Timothy Denison
Timothy Denison
answered on Nov 27, 2024

No, but you’ll need a great criminal defense lawyer to extract you from this if you are charged. The circumstances surrounding the stop will become very important.

1 Answer | Asked in Consumer Law, Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Can sibling take my home just cause it was left to a few of us but only one been remodeling and paying taxes for 20yrs
Timothy Denison
Timothy Denison
answered on Nov 26, 2024

Yes, although you may have a claim for the improvements you e made to the property.

1 Answer | Asked in Consumer Law for Kentucky on
Q: Is a business allowing an unauthorized return and giving the refund to the wrong person considered deceptive

I bought the materials with my credit card to protect myself. I asked if any returns if it would go back on my card and was told yes. Then asked if I would be told of any exchanges and was told yes. I would find out 90 days after and unauthorized return and the refund was put on his card that it... View More

Timothy Denison
Timothy Denison
answered on Nov 25, 2024

Take the charge and the proof to the seller in person and demand that they reverse the charge and give you the credit back. It’s their mistake, not yours.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can you be sent to rehab by the court if you have no drug charge, no guilty conviction, or it being a diversion program?

My fiance got drug tested the last day she would have had in court because they had dropped the charges, and they had already released any bail money back. Then at the very last minute they asked her if she could pass a drug test and she said yes but she failed and they charged her with contempt... View More

Timothy Denison
Timothy Denison
answered on Nov 25, 2024

Yes. It is well within the discretion of the Court to send her to rehab for contempt or failing the drug test.

1 Answer | Asked in Car Accidents and Personal Injury for Kentucky on
Q: My roommate took off in his car while I was still petting his bird on the floorboard of his car. My arm shoulder and off

My upper body shoulder and arm were still in his car!

He jolted me, spin me around twisting my spine and crashed me to the ground. It injured my already damaged spine (from his previous criminal attack). I met with an orthopedic surgeon Monda. They told me I need a spine specialist.... View More

Timothy Denison
Timothy Denison
answered on Nov 22, 2024

Wanton Endangerment; Assault 4

1 Answer | Asked in Criminal Law for Kentucky on
Q: Please clarify. In KY a district judge can only issue a search warrant if the house is in the county they are seated in?

If the judge issued a warrant for a house outside the judges county and the case is dismissed, the county the house is located in can't pick up the case from that warrant. Have I understand that correctly?

Timothy Denison
Timothy Denison
answered on Nov 21, 2024

The judge can only issue a warrant for the county (ies) in which he/she sits. That being said, unless the first case is dismissed with prejudice, there is no prohibition on the second county pursuing the charges.

1 Answer | Asked in Criminal Law for Kentucky on
Q: What jurisdiction issues arise if a district judge issues a search warrant for a house located in a different county?

Judge issues search warrant for a home in a neighboring county by mistake. Deputy was out of jurisdiction but searched the home and collected evidence. Evidence was taken to the court where judge issued the warrant. Case was dismissed with prejudice to keep the property confiscated and claim... View More

Timothy Denison
Timothy Denison
answered on Nov 20, 2024

They do not have jurisdiction in another county and the entire search warrant should be suppressed.

1 Answer | Asked in Probate for Kentucky on
Q: If only the children are named executors and one dies, do the grandchildren have to sign the deed to sell? (Deceased’s )

The will states that majority of the executors rules. The grandchildren are not mentioned in the will. They will get their dad’s share.

Timothy Denison
Timothy Denison
answered on Nov 20, 2024

They do not have to sign.

1 Answer | Asked in Probate for Kentucky on
Q: In Kentucky, all 5 children were court appointed executors,according to the will. Majority rules. Two siblings die, do

Grandchildren have to sign the deed in order for it to be legal if the remaining executors sell the property?

Timothy Denison
Timothy Denison
answered on Nov 20, 2024

Depends on whether the will provides for alternate or back up executors and/or executrixes.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Are you eligible for a PFO 1 before having a PFO 2. I have had one indictment within 5 years
Timothy Denison
Timothy Denison
answered on Nov 15, 2024

You can go straight to PFO 1 without having first been a PFO 2.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If I do not have any prior criminal convictions? Do you mean in general or felonies

So what they did to me or how I was in fear for my life plays no role in this? I find that hard to believe.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Nov 14, 2024

I don’t understand your question. If you’re asking about self-defense, that is one issue if you’re asking about prior record, that is another issue. A prior criminal record can mean any prior misdemeanor of felony convictions.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Terroristic threatening in the second. Can I get a pretrial diversion?

I was made to believe I was poisoned at the hospital. My capsules where opened and a completely different color powder was inserted. The capsules where only half full. The lady from the hospital tried to convince me it was suppose to be yellow. Even though the manufacturer stated this wasn't... View More

Timothy Denison
Timothy Denison
answered on Nov 14, 2024

If you don’t have any prior criminal record, you may be able to get the charged diverted.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Does my lawyer have to file motion for failure to indict to get me out of jail
Timothy Denison
Timothy Denison
answered on Nov 14, 2024

As a general rule, yes, although there can be circumstances where you might choose not to do so.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: A friend was charged with 2 DUIs within a little over 48hrs. How bad will the consequences be?

3 days after they made bail the second time they checked into detox and rehab. Still in rehab.

Timothy Denison
Timothy Denison
answered on Nov 13, 2024

Depending on the circumstances, maybe two first offenses instead of a first and second.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Rights when mother died with no will in Kentucky.

My mother passed away with no will in August 2023, I'm an only child. However she was married to my stepfather at the time of her death, he has 3 children. My stepfather recently passed away (August 2024). One of his daughters got involved right off the bat when my mom died, throwing away my... View More

Timothy Denison
Timothy Denison
answered on Nov 7, 2024

You'll need to file a motion in the step-dad's probate case asking the court to review the propriety of these actions by your step-sister. Since there was not will, the laws of intestacy will apply as to how the estates are divided.

1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Land Use & Zoning for Kentucky on
Q: We were sold land in Spencer County, Kentucky and after the fact are being told it's zoned incorrectly.

We bought just over 8 acres of land and made plans to build a house. When we went to get our permit we were told that our land is zoned as Ag1 which has a minimum lot/tract size of 10 acres. Now the zoning department claims we have to pay to have the land rezoned as Ag2 to build on it. Is there a... View More

Timothy Denison
Timothy Denison
answered on Nov 7, 2024

No. You’ll either have to file to rezone or sue to force them to correct the zoning. Either way, it is going to cost money.

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