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Home - Category: General Criminal Law Issues – Northern KY

Category: General Criminal Law Issues – Northern KY

Right to Kneel OR Stand During National Anthem

Posted on September 25, 2017 in General Criminal Law Issues - Northern KY

As a criminal defense attorney I defend the rights given to individuals under the Constitution and Bill of Rights on a daily basis.  I am not a real political man, but agree with Cincinnati Bengal, Tyler Eifert, who recently wrote an essay posted in “Medium” which reads:

Why I Stand

“I don’t want there to be questions of why I am standing or if I will kneel.”

I know it would probably be best to stay out of it, but when you believe in something as much as I do it gets to a point where you want both sides to be heard.

I am not questioning anyone’s reasons or rights to protest, but instead the method. This entire protest about raising awareness for racial inequality has gotten lost in the media and turned into a debate about whether to sit or stand for the national anthem. I want to take this time to remind everyone why I stand.
I stand because I love my country.

I stand because I want to honor the people putting their lives on the line for me on a daily basis in the Army, Navy, Marine Corps, Air Force, and Coast Guard.

I stand because my cousin is a pilot in the United States Air Force, risking his life flying F-15s in active war zones. He takes pride in his job protecting Americans, a sacrifice that all members of every branch of the United States military willfully take.

My cleats for our home opener on September 10th, 2017 against the Baltimore Ravens.

For the first game this weekend against the Baltimore Ravens, I am writing Pat Tillman’s name on my cleats. And each game thereafter, I am going to write another person’s name from the United States military, whether active, retired, killed or missing in action, or a prisoner of war. These people are why I am standing because they gave me and everyone else the chance to have freedom and earn a living playing a sport I love.

When you look at what is happening all over the world today, as a fellow professional football player, I am in awe of Pat Tillman’s courage. In 2002, he walked away from millions of dollars and a “dream” most people couldn’t imagine achieving to do one thing, fight for his country. Pat wasn’t fighting for himself, he wasn’t fighting for one group vs. another; he was fighting for Americans.

Fast-forward 15 years, it’s sad to see where we are today. Divided. In this world of turmoil, I still believe in one thing strongly and that’s the flag and everything our country was built on.

As I stand for the national anthem, I don’t want there to be questions of why I am standing or if I will kneel. I want there to be a clear understanding of why I stand. I want there to be a clear understanding of why I respect our flag and why I love our country.

Fast-forward another 15 years and hopefully we will all be able to look back at these years unified with pride to be Americans.

To make an impact and help with the people I respect, I am moving forward supporting the K9s For Warriors charity. Something that many people in our country overlook are the negative affects war has on the individuals putting their lives on the line for our freedom.

Posttraumatic stress disorder (PTSD) is a serious issue and something that sadly results in suicide from many military veterans when not treated correctly. Meeting and talking with the leaders from K9s For Warriors, they worry that doctors are masking the issues of PTSD by just giving these individuals pills to mask their traumatic experiences. One thing they are finding that helps more than anything is highly trained service dogs.

In supporting this charity, I want to raise awareness for the real issues affecting military veterans who suffer from PTSD while also raising money to train more dogs to improve the lives of military veterans.

I respect my fellow players right to kneel during the national anthem but I hope everyone now knows why I stand, and respects that as well.

Tyler Eifert
Tight End, Cincinnati Bengals

I was recently reminded of the quote, “I disapprove of what you say, but I will defend to the death your right to say it.” I’m a lawyer and I believe in the right of free speech and the right to peacefully protest. I also hope that those protesting are aware of what they are protesting and its impact on society.  Are they raising awareness for their cause or only causing more divisiveness? As a lawyer trained in seeing both sides of disputes, I don’t agree with kneeling during the National Anthem, but I do defend their right to do so.

Think Global, Hire Local Counsel

Posted on June 22, 2017 in General Criminal Law Issues - Northern KY

While it is important to be open to new ideas and strive to better yourself both as a person and a human being, when hiring a criminal defense attorney, make sure that they know their audience.
If you consider hiring an attorney from outside of the area, ask these questions:

  1. Does an outside attorney know the area?
  2. Do they know the prosecutor(s)?
  3. Do they know the judge(s)?
  4. Are they familiar with juries in the area and who may be potential jurors? AND
  5. Is the case likely to go to trial?

Why bold the Question: Is the case likely to go to trial?  The answer is complicated and simple.  If the case is likely to settle and you need the influence of the local prosecutor and/or judge to resolve the case or negotiate a favorable plea deal, often a local attorney will best suit your needs.  The best deals are not reserved to high price attorneys from larger cities, especially in more rural counties.

If, on the other hand, your case is likely or definitely headed toward a jury trial, an outside attorney may have the advantage of being able to ruffle some feathers without the care of local counsel.  That must be considered together with the fact that a local attorney may get some better pretrial rulings and will better know the jury and the trial strategy of the prosecutor.

What is local?  Typically, a local attorney is someone who regularly practices in the county of the charge.  They may have their office or home in that county or an adjacent county.  If you are seeking a lawyer, ask them the names of the prosecutors and judges who may or will be handling your case.  The local attorney shoudl be familiar with the “players.”

If you have questions or concerns about a case in Boone, Campbell or Kenton counties in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.

Felony Drug Possession

Posted on June 8, 2017 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

In Kentucky, possession of narcotics is almost always a felony charge.  Most people arrested are charged with PCS, Possession of Controlled Substance, first offense.  This is codified as KRS 218A.1415. If you have been charged, you shoudl hire an attorney.  For consultation, call 581-MIKE; 859-581-6453.

Under PCS statute in Kentucky states:

  • (1) A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses:
    • (a) A controlled substance that is classified in Schedules I or II and is a narcotic drug;
    • (b) A controlled substance analogue;
    • (c) Methamphetamine;
    • (d) Lysergic acid diethylamide;
    • (e) Phencyclidine;
    • (f) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or
    • (g) Flunitrazepam, including its salts, isomers, and salts of isomers.
  • (2) Possession of a controlled substance in the first degree is a Class D felony subject to the following provisions:
    • (a) The maximum term of incarceration shall be no greater than three (3) years, notwithstanding KRS Chapter 532;
    • (b) For a person’s first or second offense under this section, he or she may be subject to a period of: 1. Deferred prosecution pursuant to KRS 218A.14151; or 2. Presumptive probation;
    • (c) Deferred prosecution under paragraph (b) of this subsection shall be the preferred alternative for a first offense; and
    • (d) If a person does not enter a deferred prosecution program for his or her first or second offense, he or she shall be subject to a period of presumptive probation, unless a court determines the defendant is not eligible for presumptive probation as defined in KRS 218A.010.

If you have been charged with or arrested for Possession of a Controlled Substance, you are facing serious felony charges and need an experienced attorney.  For consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.


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.


What If I Don’t Qualify to Expunge a DVO?

Posted on March 30, 2017 in General Criminal Law Issues - Northern KY

I recently posted the standards for expunging an EPO/DVO.  See LINK.

If you do not qualify, you shouild write a letter to your state

Write your state representative.  I have done so and have encouraged clients, readers and potential clients to do the same through this website.  Let me again try to incite action!

There is a House of Representative and State Congressman in your district.  Look it up online in Kentucky by following this LINK.  Tell him/her how the laws on protective orders are unfair and negatively impact your life.  You can have a EPO or DVO against you even if you never did anything. The large majority of EPOs and DVOs never relate to any charges or criminal convictions.  Point out that the Defendant/Respondent loses valuable constitutional rights:  the hearings are held without the right to an attorney, without discovery, without the right to a jury trial and the burden of proof is not beyond a reasonable doubt.

Additionally, the judges often opt in favor of protection instead of actually listening to the evidence and seeing what is provided.  A mere allegation of a threat or fear, regardless of whether the fear is rational, is sufficient to many judges in Kentucky.   Since they are elected, Judges often make decisions based on “what ifs” in case there is ever a problem how will it look to potential voters in the next election.

There have been recent changes to allow for expungements of EPOs, but it remains incomplete. 

The expungement provision relates only to an EPO under KRS 403.745:  (a) If a petition under KRS 403.715 to 403.785 did not result in the issuance of a domestic violence order, the court in which the petition was heard may for good cause shown order the expungement of the records of the case if: 1. Six (6) months have elapsed since the case was dismissed; and 2. During the six (6) months preceding the expungement request, the respondent has not been bound by an order of protection issued for the protection of any person, including an order of protection as defined in KRS 456.010. (b) As used in this subsection, “expungement” has the same meaning as in KRS 431.079.

Effective: January 1, 2016

If you have questions or concerns and need legal assistance, contact Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.


Can I Expunge an EPO or DVO?

Posted on March 14, 2017 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky


Hello, I recently seen your website when searching Google for answers about a DVO. So 4 years ago my wife and I had got into and argument where I had told her I was going to take my children etc. Well she had got a EPO against me claiming a bunch of stuff that was definitely false so that she could get temporary primary care of the kids, well this was brought before a judge with no evidence of the things that she had said on the paper. The judge for some reason still ruled in her favor and turned it into a 1 year DVO she later went back after about 3 months and tried dismissing the DVO which the judge said that he feels nothing was learned in this and there is a lesson to be learned so he kept it on there till it was lifted after the year. My wife and I have gotten back together after the year of the DVO and I’m unable to pursue my choice of career which is being a police officer. So my question is there anyway I can go before a judge or do anything for that matter to get this taken off me for good so I can live my life and provide for my family and the public. I live in Kentucky and I just want to talk to someone that knows more about this situation. Are these forever permanent and will I never be able to be a “trusted” guy in some eyes?

LAW:  There has recently been a change to allow for expungements AT ALL.

The expungement provision relates only to an EPO under KRS 403.745:  (a) If a petition under KRS 403.715 to 403.785 did not result in the issuance of a domestic violence order, the court in which the petition was heard may for good cause shown order the expungement of the records of the case if: 1. Six (6) months have elapsed since the case was dismissed; and 2. During the six (6) months preceding the expungement request, the respondent has not been bound by an order of protection issued for the protection of any person, including an order of protection as defined in KRS 456.010. (b) As used in this subsection, “expungement” has the same meaning as in KRS 431.079.
Effective: January 1, 2016

ANSWER:  Since your case DID result in the issuance of a DVO, there is no provision for sealing or expungement of the record.  Send letters and lobby your legislators to pass laws that would allow for expungement of these things.  Often these are filed to gain an advantage in a custody case and without any real proof or evidence.  The DVO can be granted because the judge simply wants to make sure everyone is safe. Many judges believe that because it is “only a civil case” that it has no effect.  Obviously, it DOES affect a persons rights as well as their perception by potential employers  Your case is exactly why it is needed.

If you have questions about expungment, EPO or DVO, call attorney Michael Bouldin at 581-MIKE (859-581-6453) and schedule an appointment or email at mwbouldin2@gmail.com.



Is it a Felony to Injury Police Dog in Kentucky?

Posted on March 12, 2017 in General Criminal Law Issues - Northern KY

The state Senate passed a bill which makes a Felony for assaulting a police dog.  This bill was approved last Monday and sent it to Republican Gov. Matt Bevin for his signature.

Kentucky is one of six states that consider it a misdemeanor to harm a police dog, according to the United States Police Canine Association. Twelve states make it a felony to harm or kill a police dog regardless of the circumstances, while the penalties in 23 states depend on how bad the dog was harmed.

“Most of the states are falling in line with protections human beings would have as well,” Ferland said.  Unfortunately, those in favor fail to align the two.  You see, under current law in Kentucky is a misdemeanor to harm another person, not a felony.  It is only a felony if  you harm a police or other law enforcement officer.   It is also a felony if the person has serious physical injury or if the defendant uses a deadly weapon.  The new law places the injury to a police dog as similar to injury to a human.

“I didn’t understand it. To me, he’s a partner, he’s a police officer,” Officer Lusardi said.  this Officer Lusardi is discussing one particular case where the charge to injuring the dog is a misdemanor.  It seems that all stories focus on one or two individual cases and the commitment of the police and the police dogs.  The reality is that in the United States, we have the right to confront our accusers under the 5th Amendment to the Constitution.  When the accuser is an animal, it is difficult to cross examine a dog.

The suspect in that case also received no jail time for the assault, but was later arrested on other charges, according to Kenton County Commonwealth’s Attorney Rob Sanders.  Clearly and rightfully, Sanders supports the police, both human and canine.  Like many other PC laws, it is hard to not be in support.  That said, in each case where the defendant harmed a police animal, there were significant other felonies for which they were charged.   In the specific case often cited by Mr. Sanders regarding Daleon Rice and the police dog, Ernie, the defendant is serving 40 years on his charges.  This begs, Do we really need to add another felony charge to this man, or anyone else, for a dog

While I do personally love my dog and many animals, I also see this as a slippery slope.  Do we need more felonies?   It seems there is currently a push to make any mistreatment of animals a felony.

This article is largely an editorial by criminal defense attorney Michael Bouldin.


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.


Need Help for Arrest?

Posted on February 15, 2017 in General Criminal Law Issues - Northern KY

HELP, I GOT ARRESTED.  These are often the first words out of the mouth of a person facing their first criminal charge.  WHAT DO I DO NOW?  This may be for a DUI, drunk and disorderly, intoxication, or other charges that are probably out of character for the defendant.  This can be a benefit to the defense and help with negotiating a favorable resolution.

If you made a mistake, do not compound it by making a second mistake of trying to handle it yourself.  Most cases will get a much better resolution with the aid of an attorney.  An attorney can walk you through the steps and tell you what to expect.  The attorney also has direct access to the prosecutor and can discuss your case in private and often outside of the courtroom.  Most often, prosecutors will not do this with unrepresented defendants.

The attorney also knows what should be expected from your case based on similar and past experiences.  For example, if this is your first misdemeanor and it is non-violent and fits certain parameters, the attorney may be able to get you into a diversion program.  A diversion program generally allows the defendant to have the case ultimately dismissed and expunged from their criminal record.  There may also be other programs or options available for resolution.

Diversion programs vary by state and the program differs significantly whether the charges are a misdemeanor or a felony.  Your attorney can discuss what will be expected as well as the costs and time considerations for the program.

If you have been charged, hire a lawyer who is experienced in criminal defense and/or DUI defense.  For more information on your charge, visit by website @ link.  For consultation or representation in Northern Kentucky, call Bouldin Law Firm and schedule an appointment with Michael Bouldin.  Call 859-581-6453 or email mike@bouldinlawfirm.com.


What is DUI Aggravator?

Posted on January 24, 2017 in DUI General Criminal Law Issues - Northern KY

Kentucky DUI law, as stated in KRS 189A.010, outlines certain criteria (referred to as aggravators) that increase the mandatory penalties for a DUI conviction.

Those criteria are identified as aggravators.  The follow are those criteria or “aggravating circumstances” that increase the jail sentence if convicted:

  1. Refusal of request for testing breath, blood or urine;
  2. Having a blood alcohol level over .15;
  3. Having an accident with death or serious physical injury;
  4. Going the wrong way on a limited access highway;
  5. Driving over 30 miles per hour above the speed limit; or
  6. Having a child under the age of 12 in the vehicle.

There are six (6) criteria that mandate the increased penalties.  (see KRS 189A.010(11))  Those penalties only affect the jail sentence associated with the DUI.  For a first offense, the minimum jail sentence is 0 days but with an aggravator, there is a minimum 4 day sentence. Second offense within 10 years carries a minimum jail sentence of 7 days and 14 if aggravated.  Third offense within 10 years has minimum 30 days incarceration and that doubles to 60 days if an aggravating circumstance exists. Fourth offense within 10 years is a felony, but 120 days in jail is the minimum which doubles if aggravated.

If you have been charged with a DUI, you should hire an experienced criminal defense attorney.  For consultation in Boone, Campbell or Kenton county, call the Bouldin Law Firm at 859-581-6456.  Contact Mike Bouldin at 581-MIKE or email at mwbouldin2@gmail.com.