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Category: Federal Crimes in Northern KY

Felony Criminal Defense in Northern Kentucky

Posted on April 11, 2017 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY

If you are charged with a felony crime, you are wise to hire an attorney to represent you throughout the process.  As a practicing attorney for 22 years in Northern Kentucky, the best advise is to “lawyer up” as soon as possible. ANY statement to the police or other investigating agency can and will be used against you.  The best meaning desire to be compliant with the officer will often lead to either an actual or allegation of a confession.

If you have been charged or are the subject of investigation, schedule an appointment to meet with an experienced criminal defense attorney. As an attorney in Kenton, Campbell and Boone practicing criminal defense for well over 20 years, I have represented clients charged with almost every criminal classification in the Kentucky statutes.  This includes the entire Kentucky penal code, driving and DUI laws, as well as all drug statutes.

Whether you are wanted for questioning, have been cited, charged or are under indictment, you should know your rights prior to any proceeding.  How you proceed depends greatly on your ability to determine your situation and the possible outcomes.  If you have the right to remain silent, it is often in your best interest to do so.  If you have a plea date, that could mean that your attorney has scheduled you for a plea or it could the the last date the Judge will entertain a negotiated plea, after which you should be prepared for trial.  Whether or not you accept ANY plea or choose to take  your case to trial should be your decision, after you have the facts and knowledge and advice of competent legal counsel.

For representation in Cincinnati and Northern Kentucky, call Michael Bouldin at 581-MIKE, 859-581-6453 or email mike@bouldinlawfirm.com.

Drug Trafficking Arrest

Posted on February 19, 2017 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY

Hire an experienced and competent criminal defense attorney following your arrest.

If you have been arrested for trafficking, selling or planning to sell, drugs you need to hire an experienced criminal defense attorney.  Drugs may include marijuana, cocaine, heroin or prescription medication and sale can be anything from one pill to kilos of cocaine.

If you are charged with trafficking, it will almost undoubtedly be a felony charge.  The defendant will first appear in district court (municipal/room A in Ohio) for arraignment.  Soon thereafter a preliminary hearing will be scheduled.  this is a probable cause hearing and the court will almost always find that probable cause does exist and refer the case to the Grand Jury.  In Kentucky, this is within 10 days if incarcerated or 20 days if out of jail.  The time may be waived if the attorney wants more time to investigate prior to the hearing.

Following the preliminary hearing, the case is heard by the Grand Jury.  the defendant does not appear or present evidence at this hearing which is conducted by the prosecutor.  The Grand Jury in Kentucky generally returns an indictment within 60 days.  This occurs within 2 weeks in Hamilton County.  Ask your attorney if you have questions about time limits and meanings.

After being indicted, the defendant will appear in the Circuit Court (Common Pleas in Ohio) for an arraignment on the indictment.  Following arraignment, discovery begins and the lawyer can find what evidence the state has against the defendant and start discussing the chances at trial.

Often plea negotiations begin following discovery as well.  The attorney can seek a n umber of alternatives and, like all cases, the negotiations improve if the prosecution case is weak.  Talk to your counsel about the case and what are good resolutions.

Being able to navigate though the first court system, as well as federal versus state courts, is essential.  Talking about bail and what motions are appropriate is important to the client and how the judge perceives the defendant.  For a consultation and representation, call Michael Bouldin at Bouldin Law Firm at 859-581-6453 or email mike@bouldinlawfirm.com.

Clark County Drug Bust

Posted on December 15, 2016 in Federal Crimes in Northern KY

If you or someone you love was make sure to hire the best criminal defense attorney you can afford to defend their rights. In Cincinnati and Northern Kentucky, call Michael Bouldin.  Mike, together with his partner, Kristopher Nevels, have been defending in Ohio and Kentucky, including Federal Courts with well over 25 years of combined experience.

Local 12 has broken the story of the bust which included meth, cocaine, pot, pills and large cash seizure.  (see link).  Often a local attorney is helpful to navigate the system and at times an out of town attorney can come in and shake up the status quo without fear of offending local prosecutors and judges.

If you need an attorney, call the Bouldin Law Firm at 859-581-6453 or email us at mike@bouldinlawfirm.com.  Call 859-581-MIKE today.

 

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What’s Going On With Airport Cash Seizure?

Posted on November 7, 2016 in Federal Crimes in Northern KY Uncategorized

Many people have had cashed seized by TSA, DEA or other 3 letter federal agency at the airport.  This is more and more often when people are traveling with cash within the US or even with less than $10,000 in or outside of the United States.  IT IS NOT ILLEGAL TO TRAVEL WITH CASH.  If you are traveling out of the countyr, you may have to declare your cash, but that does not stop them from executing a seizure either.

OUR U.S. Government has taken it upon themselves to seize your hard earned assets regardless.  The Greater Cincinnati Airport (CVG) is notorious for taking money from travelers or reporting it to the next stop where travelers may be stopped and money seized. (i.e. LAX, ORD, DFW, etc)

It then is up to you to prove that the cash was earned and it is yours.  This can often be done with bank records, sales receipts or other documents.  I have traditionally charged a retainer of $3,000 plus 25% of the money recovered.  Recently, I have added an associate to my firm and have the ability to handle these types of case with varying legal fees.

Fees may be as little as $500 down, but may involve a larger contingency or may include higher retainer with less contingency. If your cash was seized, you will receive a letter from the United States Department of Justice, generally 30 days or so after the seizure.  It outlines your rights.

If you have had money or cash seized at the airport, you are entitled to representation to attempt to recover that money.  Hire an experienced attorney to handle your case.  Call the Bouldin Law Firm and speak to Mike or Kris Nevels at 859-581-6453 or email mike@bouldinlawfirm.com.

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Arrest at CVG

Posted on September 26, 2016 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY

If you were arrested at CVG, flight city code for Greater Cincinnati airport, you will need to hire a local attorney to represent you.  Your case will likely be in Boone County, Kentucky as this is where the airport is physically located. In case you are confused, CVG is not in Cincinnati, Ohio and CVG is actually code for Covington, a larger city in Northern Kentucky.

Many times I have represented individuals traveling through CVG on business and have a layover in Cincinnati. Others travel to the city for Reds or Bengals games and encounter legal problems while in the area.  In any case, many times I can represent the individual for many crimes without the necessity of them appearing in court.  This occurs with many misdemeanors which often include Public Intoxication, AI (alcohol intoxication), Disorderly Conduct, Open Container or Possession of Marijuana.  It may also be possible if charged with DUI or OVI.

I have handled dozens of cases for Other cases, notably federal and state felony cases, will require court appearance but many things can be handled to minimize necessary appearances and a local attorney is most important to a successful resolution and outcome.  These cases require knowledge of the local courts, judges and prosecutors in addition to the law and experience handling criminal cases that may go to a jury.

If you have been cited or arrested at CVG or need consultation and representation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email questions to mwbouldin2@gmail.com

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Trafficking – Penalties and Laws in KY

Posted on June 17, 2016 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

I am often asked what differentiates trafficking from possession if a person is not caught in the act of selling?

The specific definition of trafficking of a controlled substance is found in KRS 218A.010 (50) “Traffic,” except as provided in KRS 218A.1431, means to manufacture, distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense, or sell a controlled substance.  The trier of facts (typically a jury) can use other indicia of trafficking to infer trafficking or intent to traffic.  For example, if a defendant is found with a large quantity of the controlled substance, a phone (or phones) with text messages indicating trafficking, cash or other items, then that person may be charged with trafficking under KRS 218A.1412 or other statutes.

methamphetamine is found in KRS 218A.1431 as follows (3) “Traffic” means to distribute, dispense, sell, transfer, or possess with intent to distribute, dispense, or sell methamphetamine.

Trafficking of Marijuana is typically a misdemeanor, unless within 500 feet of a school zone or more than 8 ounces (oz.).  Small trafficking is generally a class D Felony, punishable by 1-5 years in prison.  Some trafficking offenses have higher penalties.  For example the following are charged as a Class C Felony, punishable by 5-10 years in prison:

(a) Four (4) grams or more of cocaine;
(b) Two (2) grams or more of heroin, fentanyl, or methamphetamine;
(c) Ten (10) or more dosage units of a controlled substance that is classified in Schedules I or II and is a narcotic drug, or a controlled substance analogue;
(d) Any quantity of lysergic acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or flunitrazepam, including its salts, isomers, and salts of isomers.

Of additional note, most non-violent felonies are at least eligible for probation and have parole eligibility after serving 20% of a sentence.  Pursuant to KRS 218A.1412 (c) Any person convicted of a Class C felony offense or higher under this section shall not be released on probation, shock probation, parole, conditional discharge, or other form of early release until he or she has served at least fifty percent (50%) of the sentence imposed in cases where the trafficked substance was heroin. This was modification made by recent statutes in March, 2015.

If you have been charged with possession or trafficking of a controlled substance, you need an experienced criminal defense attorney.  For representation in Northern Kentucky, call Michael Bouldin at 859-581-MIKE.  Email mwbouldin2@gmail.com or call 859-581-6453.

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Drug Possession in NKy

Posted on March 13, 2016 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

Drug offenses make up over one half of all arrests and criminal convictions in Northern Kentucky.  Criminal courts are just one way to fight the war on drugs.  Funny how legislators consider this a WAR, whereas any other medical condition is considered medical treatment.  We don’t ahve a war on cancer, a war on mental health or a war on diabetes.

Especially on first offense, treatment is the primary method of dealing with drug possession offenses.  While some drugs such as marijuana, are misdemeanor offenses, others, especially narcotics, are considered felony offenses.  Diversion, deferred prosecution and treatment in lieu of conviction are all methods to avoid felony prosecution and get treatment for the individual defendant instead of prosecution and incarceration.

Trafficking charges are almost always felony offenses and require additional attention to the defense.  Rights of the accused, monitoring and search warrants as well as Miranda rights all should be considered.  Most felony trafficking convictions lead to incarceration.  Multiple offenses can greatly increase prison time, especially in the federal system where career offender and sentencing guidelines strongly influence Judges’ sentencing.

If you have been arrested with drug possession, you should get an attorney to represent you through the process.  For consultation in Boone, Campbell or Kenton counties, call Bouldin Law Firm and schedule to speak with Michael Bouldin.  Email at mike@bouldinlawfirm.com or call at 581-MIKE, 859-581-6453.

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What is Difference Between Federal and State Crimes?

Posted on February 15, 2016 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY

Whether you are charged under a federal crime or state crime often depends on the type of charge or may depend on the agency investigating/charging.

In general, if a city, county or state police investigates and makes the charge or arrest, you will likely be charged with a state crime.

State crimes often include: arson, forgery and possession of forged instruments, murder, receiving stolen property, drug possession and many drug trafficking, sex offenses, .  The large majority of misdemeanor arrests result in state crimes, for example: assault, all traffic and driving offenses, DUI, disorderly conduct, robbery (except bank), prostitution and theft.

If the FBI, DEA, ATF, Secret Service or other federal government agency investigates, you will likely be charged with a federal crime.

Federal crimes include: mail fraud, tax evasion, possession of federally prohibited firearms, counterfeiting, embezzlement, drug trafficking across state lines and generally with significant amounts, hijacking, bank robbery, immigration offenses, and distribution of child pornography across state lines or using internet.

If a DRUG STRIKE FORCE investigates or makes the arrest, you may be charged under local state law OR federal law.

The Northern Kentucky Drug Strike Force is comprised of both state and federal officers.  The charges generally depend on the amount of drugs involved, whether the case was a significant trafficker or a low level user and the amount of resources involved.  IF there are significant assets which may be seized, the chances increase of a federal charge.

Sentencing Depends on the Class of Felony and whether federal or state

Using the federal Guidelines Manual and Sentencing Table (PDF), a judge can see recommended sentences that take into account the felony class as well as the defendant’s criminal history. This allows for someone with no criminal history to get a lighter sentence than a career criminal for the identical crime, while still staying within the published guidelines.

States classify felonies in a manner similar to the federal system, although some states have more or fewer classes, and some use number rather than letter classifications. The sentence ranges for each class also vary by state.  In Kentucky, the class of crime determines the range of penalty.  For a class D Felony, the range is 1-5 years and a defendant may receive probation.*  This can be enhanced if the defendant is eligible as PFO for prior felonies.

Both state and federal crimes may subject a defendant to deportation if they are not a US citizen.  Advise your attorney of your immigration status (even if illegal) so that he can consider this factor if you are not a citizen.

If you or a loved one has been accused of a felony, contact an attorney.  For consultation regarding state or federal charges in Northern Kentucky, contact Michael Bouldin at mike@bouldinlawfirm.com or call 859-581-6453.

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What Is a 5k Motion in Federal Court?

Posted on August 5, 2015 in Federal Crimes in Northern KY

One way for federal defendants to increase the likelihood that they will receive lower sentences or to have previously-imposed sentences reduced is by cooperating with the government. When a defendant “cooperates,” it means that he or she helps the government investigate or prosecute someone else. There are two ways that “cooperating” can result in a lower sentence. If a defendant cooperates before sentencing, the prosecutor can file a motion pursuant to § 5K1.1 of the United States Sentencing Guidelines (also known as a “5K” motion). If a defendant cooperates after sentencing, the prosecutor can file a Rule 35 motion. “Cooperating” does not guarantee that a prosecutor will file a § 5K1.1 or Rule 35 motion. Before a prosecutor will file a motion, the cooperation must amount to “substantial assistance.”

Many cases in federal court include cooperation of some type.  This may simply be an admission and plea, which gets the defendant credit for acceptance of responsibility, but also includes helping my clients receive and benefit from § 5K1.1 and Rule 35 motions.  I have a highly focused practice, I am able to offer the quality of work normally associated with big firms, but with the personal attention and affordability expected from a small firm.

If you or a loved one needs an attorney who regularly represents individuals in federal court, please call Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.

FAQs

What is a § 5K1.1 motion?

A Motion is a request to a court to do something. A 5K motion is motion filed by a prosecutor under the authority granted by § 5K1.1 of the United States Sentencing Guidelines (“guidelines”). It asks a sentencing court to depart downward under the guidelines based on “substantial assistance” provided by the defendant. As part of the sentencing process, a court must consider the range of sentences recommended by the guidelines. When a court departs downward, it means that the guidelines will recommend a shorter range of sentences. A government § 5K1.1 motion will normally result in a shorter sentence.

What is a Rule 35 motion?

A Rule 35 motion is a motion filed by a prosecutor under the authority granted by Rule 35(b) of the Federal Rules of Criminal Procedure. It asks a court to reduce a previously-imposed sentence based on substantial assistance by a defendant provided after sentencing.

Who can file a § 5K1.1 or Rule 35 motion?

Only the prosecutor in a defendant’s federal case may file a § 5K1.1 or Rule 35 motion.

What is substantial assistance?

What is “substantial” in one prosecutor’s office may not be “substantial” in another office. All prosecutors consider testifying against another person to be “substantial.” Some prosecutors do not consider simply providing information to be “substantial,” unless it leads to something specific, such as an arrest, indictment, or conviction.

Does a § 5K1.1 or Rule 35 motion authorize a court to sentence below a mandatory minimum?

Some offenses require a court to impose a sentence that is a least a certain number of years. For example, if a five-year mandatory minimum applies, a court must impose a sentence that is at least five years. A substantial assistance departure motion can give a court the power to impose a sentence as low as probation – but only if the prosecutor gives the court that power under the authority granted it by § 3553(e) of Title 18 of the United States Code.

When the prosecution files a §5K1.1 or Rule 35 motion, how low can a court’s sentence go?

Although prosecutors filing § 5K1.1 and Rule 35 motions normally recommend specific sentences, once a prosecutor files such a motion, the court is free to impose whatever sentence it believes is appropriate. If a mandatory minimum is involved, a court may not impose a sentence below the mandatory minimum unless the prosecutor’s motion gives the court such power.

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Can Prosecution Charge Hate Crime if I Have Rebel Flag?

Posted on July 1, 2015 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY

With recent changes throughout the United States and the flags, it is possible that the use/flying of a Rebel Flag may be additional evidence to characterize the offense as a HATE CRIME.  Since the government cannot know what you are thinking, they use evidence to infer your thoughts. For example, if a defendant uses derogatory names, it is evidence of your motive. Additionally, a rebel flag shirt, belt or bumper sticker may be utilized as evidence of prejudice.

A hate crime is a traditional offense like murder, arson, or vandalism with an added element of bias. For the purposes of collecting statistics, Congress has defined a hate crime as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, ethnic origin or sexual orientation.” Hate itself is not a crime—and the FBI is mindful of protecting freedom of speech and other civil liberties.

Kentucky has separate law relating to hate crimes under KRS 532.031 Hate crimes — Finding — Effect.

(1) A person may be found by the sentencing judge to have committed an offense specified below as a result of a hate crime if the person intentionally because of race, color, religion, sexual orientation, or national origin of another individual or group of individuals violates a provision of any one (1) of the following: (a) KRS 508.010, 508.020, 508.025, or 508.030; (b) KRS 508.050 or 508.060; (c) KRS 508.100 or 508.110; (d) KRS 509.020; (e) KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.100, or 510.110; (f) KRS 512.020, 512.050, or 512.060; (g) KRS 513.020, 513.030, or 513.040; or (h) KRS 525.020, 525.050, 525.060, 525.070, or 525.080.*
(2) At sentencing, the sentencing judge shall determine if, by a preponderance of the evidence presented at the trial, a hate crime was a primary factor in the commission of the crime by the defendant. If so, the judge shall make a written finding of fact and enter that in the court record and in the judgment rendered against the defendant.

*KRS 508 relates to assaults, KRS 509 – kidnapping, KRS 510 – sexual offenses, KRS 512 – property damage, KRS 513 – arson and KRS 525 – riot and disorderly conduct.

If you have been charged with a criminal offense, and more particularly with a hate crime, you need a criminal defense attorney.  For consultation in Northern Kentucky, call Michael Bouldin at 859-581-6456 or email at mike@bouldinlawfirm.com.

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