N.KY CRIMINAL DEFENSE LAWYER

Criminal Defense For Northern Kentucky & Cincinnati………………… THIS IS AN ADVERTISEMENT

Home - 2014 - September

Month: September 2014

Bouldin Law Office Phone Now Working

Posted on September 24, 2014 in Uncategorized

Thanks to Cincinnati Bell, my office phone has not been working for the past 2 days.  I apologize.

The phones are now working and I can now be reached again at 859-581-6453 (581-MIKE).  As always, you can contact me at my email of mwbouldin@fuse.netmwbouldin2@gmail.com or you can contact my paralegal, Emily, at Emily@bouldinlawfirm.com.

I apologize for any inconvenience this has caused.  It has cause me enough!!

-Mike

NOTE: Call or email Bouldin Law

Posted on September 24, 2014 in Uncategorized

If you are having trouble contacting of Michael Bouldin or Bouldin Law Firm, call the alternate number of 859-491-2206.

As always, you can reach me at mwbouldin@fuse.net.

I apologize for any inconvenience.  I hope that my main number is working soon.

Out of State DUI in Kentucky

Posted on September 22, 2014 in DUI

If you are a licensed driver from another state and received a DUI in Kentucky, there may be even more benefits from retaining a local attorney who regularly handles DUI cases.  Being licensed in both Ohio and Kentucky is a huge advantage as there are often Ohio drivers who are cited or arrested for DUI in Kentucky as well as Kentucky drivers who are cited or arrested for OVI in Ohio.  Both can create confusing, misleading and contradictory problems with a drivers’ license.

For example, if you are an Ohio licensed driver and are found or plead guilty in Kentucky, the Kentucky court will suspend your license from 30-120 days.  Ohio will see the DUI conviction and send a letter that  you are suspended for 180 days.  It is very good to know that Ohio will shorten your sentence to that which is imposed by Kentucky with a certified letter from the Ky Court.  Furthermore, your Ohio license is not suspended until you are sent the letter and is back-dated to the time Kentucky suspended your privileges.  *Note: if Kentucky suspends your license, your privileges to operate in Kentucky are immediately suspended.

If you are a Kentucky licensed driver, Ohio may still physically take your license.  Ohio can suspend your right to operate in Ohio, however Kentucky does not honor that suspension until there is an actual court suspension.   As you may suspect, each state differs on how the courts and the DMV/BMV  handle out of state DUI and suspensions.

The reinstatement fees also vary greatly, $20 in Kentucky and $475 in Ohio.  There is mandatory jail time associated with even a first offense OVI in Ohio, while Kentucky does not mandate jail time on a first offense DUI unless there is an aggravating circumstance. If you have been charged in Cincinnati or N.Ky., with DUI, contact Michael Bouldin for a consultation.  Call at 859-581-6453 or email at mwbouldin2@gmail.com.

Top

Free Speech? Middle Finger to the Wind

Posted on September 17, 2014 in General Criminal Law Issues - Northern KY

Middle finger to the wind, to quote the great KidRock.

Motherfucker!  Are all words protected by free speech or are there some words that are inherently “bad”?  Who defines bad words?

KRS 525.070 defines harassment, when with intent to intimidate, harass, annoy, or alarm another person, he or she: … (c) in a public place, makes an offensively coarse utterance, gesture, or display, or addresses abusive language to any person present.  

There is perhaps be enough ambiguity about that statement to raise a number of additional questions:

(1) Who determines the intent?  The actor?  The recipient?  A “reasonable man” (often defined by the jury)?

(2) What is offensively coarse?  What is offensively coarse to your grandmother is common language to a sailor.  (see also; a nun v. Andrew Dice Clay). 

(3) Does the gesture/utterance have to be toward a specific person?  If made to the world, does that apply?  Harassment is typically toward an individual, not society as a whole.  Typically the charge of disorderly conduct would apply.

These are but a few questions which have arisen in a current court case.  As counsel, I cannot comment on the case in question, however would encourage following in the media.

If you have first amendment questions and your rights, seek an attorney who has handled these questions and defends rights.  If you have been charged with a crime or have questions, consult with Michael Bouldin at mwbouldin2@gmail.com or call 859-581-6453.

Top

What Criminal Cases Do You Handle?

Posted on September 9, 2014 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

As a criminal defense attorney for 20 years, I have handled almost every type of case under the Kentucky KRS Criminal Code.  Those include, but are not limited to the following:

  • * Drunk driving, DUI, OVI — And other traffic violations
  • Traffic Incidents – DUI, speeding, reckless driving, and accidents
  •  Drug charges— Including possession, trafficking, and manufacturing of marijuana, heroin, cocaine, methamphetamines (meth), narcotics, and other controlled substances. Current laws may allow for treatment instead or in lieu of conviction for certain possession charges.
  • Theft— Including felony theft, burglary, robbery or armed robbery, and misdemeanor or felony shoplifting
  • Assault — Including battery and domestic violence, EPO, DVO and vehicular assault
  • Sex offenses — Including sexual assault, rape, statutory rape, sexual abuse, and sexual misconduct
  • Failure to Register – sex offenders have an ongoing duty to register
  • Computer crimes — Including internet fraud, luring, distribution of pornography and importuning as well as illegal use of computer and fraudulent use of computer
  • Arson — civil disobedience and insurance fraud
  • Juvenile offenses— Including theft, vandalism, assault, underage drinking, bank robbery, possession of drugs, marijuana and parapheralia
  • Murder – first, second degree and various charges of manslaughter, first and second degree
  • White collar crime – Including fraud, theft, embezzlement, and insurance fraud.

If you have questions regarding criminal conduct, charges, arrest or need to speak with an attorney, contact my office for a consultation.  In NKy, call Michael Bouldin at 859-581-6453 or email at mwbouldin@fuse.net.

Top

What Are Penalties for Manufacturing Meth?

Posted on September 8, 2014 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

The penalties for manufacturing methamphetamines in Kentucky vary greatly.  Pursuant to KRS 218A.1432 Manufacturing methamphetamine — Penalties.
(1) A person is guilty of manufacturing methamphetamine when he knowingly and unlawfully:
(a) Manufactures methamphetamine; or
(b) With intent to manufacture methamphetamine possesses two (2) or more chemicals or two (2) or more items of equipment for the manufacture of methamphetamine.
(2) Manufacture of methamphetamine is a Class B felony for the first offense and a Class A felony for a second or subsequent offense.

A meth precursor is a D felony and can be prosecuted for unlawful possession of a methamphetamine precursor when he or she knowingly and unlawfully possesses a drug product or combination of drug products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to use the drug product or combination of drug products as a precursor to manufacturing methamphetamine or other controlled substance

The felony offenses are subject to periods of incarceration as follows:

  • A class B Felony is punishable by 10-20 years in state prison.
  • A class C Felony is punishable by 5-10 years in state prison; and
  • A class D Felony is punishable by 1-5 years of incarceration.   

If you have been charged with possession of meth, possession of precursor or manufacturing meth, you are facing serious criminal charges and a significant period of incarceration.  In Northern Kentucky, contact criminal defense attorney Michael W. Bouldin at mwbouldin@fuse.net or call 859-581-MIKE (859-581-6453for consultation and representation.

Top

Is Buying Pseudoephedrine a Crime?

Posted on September 3, 2014 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

The purchase of pseudoephedrine itself is legal within the Commonwealth of Kentucky.  Pseudoephedrine is used as the “D” in many over-the-counter as well as prescription allergy relief medication.  The drug itself treats stuffy nose and sinuses caused by the common cold, hay fever, or sinus infection. This medicine is a decongestant, hence the which follows the drug (i.e. Allegra-D, Zyrtec-D) and is the primary ingredient in Sudafed.

Unfortunately for all allergy sufferers everywhere, the pseudoephedrine is also commonly used in the manufacture of methamphetamine, or crystal meth.  If the purchase of the allergy medication is for the intent of making or manufacturing meth, then you are violating state laws.  You may be prosecuted for manufacturing methamphetamine or at least the crime of possession of a methamphetamine precursor, also a FELONY in Kentucky.

If you are a parent, you may also see these additional materials used to manufacture meth: fuel, acetone, anhydrous ammonia, coffee filters, sodium hydroxide (lye), iodine, red phosphorus (matches), ether, Draino, butane/lighter fluid, brake fluid, and hydrochloric acid.  Not every cooking method requires all of the above.

Methamphetamine itself is a drug which can be used to treat ADHD, as well as weight loss in obese patients.  Use or possession of this drug, other than with a prescription, is illegal.  Manufacture of methamphetamine is a serious crime in Kentucky.  If you have criminal charges, contact Bouldin Law Firm for legal advice and representation.  Contact Michael W. Bouldin at mwbouldin2@gmail.com at  or call 859-581-6453.

If you have a problem with drugs, including crystal meth, contact a local rehabilitation. In NKy, call Ste Elizabeth Healthcare* (859) 301-5966 (24 hrs) or Commonwealth Substance Abuse Specialists* (859) 371-4455 for help.

*no affiliation to Bouldin Law Firm

 

Top