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:
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 firstname.lastname@example.org.
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:
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 email@example.com.
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 firstname.lastname@example.org.
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 email@example.com.
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.
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 firstname.lastname@example.org.
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.
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 email@example.com.
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 firstname.lastname@example.org.
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:
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 email@example.com.
If you took the case to trial and were convicted, there is nearly guaranteed a right to appeal. The Notice of Appeal must be filed within 30 days of the conviction. What follows is a series of legal steps, including: designation of evidence, clerk’s certification of record and evidence, briefing schedule set forth by the appellate court, brief of the appellant/defendant, brief of the appellee/prosecution and then the potential for counter arguments and oral arguments to the court of appeals.
If you plead or have pled guilty, there is little chance that you can appeal the conviction or the resulting sentence; regardless of whether the sentence includes incarceration, jail, probation or fines.
If you were convicted in District Court, the local Circuit Court acts as the appellate court and will rule on issues. You do not get to retry the case. Often I receive phone calls from convicted persons who think that they can retry the case and present new evidence to the court of appeals. In a very limited setting, new evidence may be presented. This must be “newly discovered evidence” that was unavailable at the time of the trial. the court draws a hard line in this regard. Simply because your trial attorney did not present evidence, chose to ignore or not present evidence, or could not find or timely subpoena a witness does NOT give you the right to present it on appeal or get a new trial. Civil Rule 59.02 and 60.02 outline the specifics of newly discovered evidence.
Generally, the appellate court only reviews the evidence that was presented. In general, the groudns for appeal is regarding legal rulings on issues before the court. If you filed a Motion to Suppress which was denied, you can ask the court to review that ruling. The trial court will not substitute their decision over that of the jury. They are looking at LEGAL ISSUES in addition to potential prosecutorial misconduct. (That is generally when a prosecutor fails to disclose evidence to the defense or presents arguments of facts which were not put into evidence.)
Appeals are not cheap and often legal fees exceed those of the trial attorney. Additionally, if you WIN on appeal the case may be dismissed OR may be reversed and remanded for a new trial. You will need an attorney for the retrial of the case as well.
If you have been convicted, speak to your attorney or public advocate about rights on appeal. Make sure that any appeal is filed timely. If you want a second opinion, contact a criminal defense attorney. To discuss, call Michael Bouldin at 581-581-6453 or email at firstname.lastname@example.org.