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Category: State Crimes in Northern Kentucky

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.

Can I Expunge an EPO or DVO?

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

QUESTION:

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.

 

Busted for Heroin in Northern Kentucky

Posted on January 11, 2017 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

If you were arrested for heroin or any other controlled substance in Kentucky, you are facing felony charges.  When facing felony charges, you should hire an experienced criminal defense attorney.  Simple possession is generally a class D felony with penalties ranging from 1 – 3 years.  That said, if it is a first offense you may be eligible for probation or diversion.

Diversion allows an individual to be placed on probation for a period of time (typically 2-3 years).  If the diversion is successful, the defendant can have the charges dismissed and ultimately expunged.  Diversion DOES require a guilty plea and admission to the charges. If the diversion/probation is not successful, the judge can enforce the felony and sentence the defendant to a period of incarceration.

The statute is codified in KRS 218A.1415 Possession of controlled substance in first degree

  1. A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses:
    1. A controlled substance that is classified in Schedules I or II and is a narcotic drug;
    2. A controlled substance analogue;
    3. Methamphetamine;
    4. Lysergic acid diethylamide;
    5. Phencyclidine;
    6. Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or
    7. 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:
    1. The maximum term of incarceration shall be no greater than three (3) years, notwithstanding KRS Chapter 532;
    2. 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;
  3. Deferred prosecution under paragraph (b) of this subsection shall be the preferred alternative for a first offense; and
  4. 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 questions or need a consultation, please call the Bouldin Law Firm at 859-581-6453 or email at mike@bouldinlawfirm.com.  Call 581-MIKE today.

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Can I Expunge Felony In Kentucky?

Posted on November 20, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

Yes, you can now expunge certain felonies in the Commonwealth of Kentucky.  In Kentucky, 61 specific felony convictions listed under the felony expungement statute may be expunged. These are Class D non-violent offenses, many of which pertain to drug possession or theft. Some of the eligible felonies are:

  • KRS 217.208 Forgery of a prescription

  • KRS 218A.140 Prohibited acts relating to controlled substances

  • KRS 218A.1415 Possession of controlled substance in first, second and third degree

  • KRS 218A.282 Forgery of a prescription

  • KRS 218A.284 Criminal possession of a forged prescription

  • KRS 218A.1423 Marijuana cultivation

  • KRS 511.040 Burglary in the third degree

  • KRS 512.020 Criminal mischief in the first degree

  • KRS 514.030 Theft by unlawful taking or disposition

  • KRS 514.040 Theft by deception

  • KRS 514.050 Theft of property lost, mislaid, or delivered by mistake

  • KRS 514.060 Theft of services

  • KRS 514.100 Unauthorized use of automobile or other propelled vehicle

  • KRS 514.110 Receiving stolen property

  • KRS 514.160 Theft of identity

  • KRS 516.030 Forgery in the second degree

  • KRS 516.060 Criminal possession of forged instrument in the second degree

  • KRS 530.050 Nonsupport and flagrant nonsupport

There are additional felonies which are not included in this list. Additional felonies not listed above may be expunged if:

  • If the person was not convicted (charges dismissed, acquittal, or not prosecuted).
  • If the crime was originally charged as a felony but was reduced to a misdemeanor (even if there was a misdemeanor conviction). Case records and background checks will continue to show a felony charge until it is expunged.
  • If the person was sentenced to and successfully completed a class D felony pretrial diversion program under KRS 533.250 et. seq.

Finally, the charge of possession of controlled substance in first degree, a Class D felony, may be voided. In accordance with KRS 218A.275, a voided conviction has the same effect as an expungement: the records are sealed and will not show up on background checks, the defendant will not have to disclose the record on employment applications, etc.  Also, your gun rights will be restored after expungement is complete.

If you need help, contact the Bouldin Law Firm and discuss cleaning your record.  An attorney can file for expungement on your behalf and aid you through the process efficiently.  Contact Mike at 581-MIKE, 859-581-6453 or email at mike@bouldinlawfirm.com.

 

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Criminal Charge or Arrest at CVG

Posted on November 3, 2016 in State Crimes in Northern Kentucky Uncategorized

I have represented defendants in Boone County, Kentucky for over 21 years.  If you were charged with a crime or arrested at CVG International Airport your case will be in Boone County, Kentucky.  CVG is the airport code for Covington, but is Greater Cincinnati International Airport.  If you land at the Cincinnati airport, you are actually in Northern Kentucky and although Covington is in Kenton County, the airport is in Boone.

Having represented numerous clients traveling to and through Cincinnati, I have developed a number of ways to communicate and handle client affairs for those who do not live in the immediate area. I will communicate with clients via telephone, email and text messages.  This may be particularly important for those that live outside of the state, or even outside of the United States.

Many cases, particularly misdemeanor offenses, can be handled without the necessity of actually appearing in court in Boone County.  This may include diversion or entry of a written plea in abstentia.  Often people have questions which are very easy to answer and simple hurdles to overcome.

Q: What about fines and court costs? If you are required to pay fines, you may mail them.

Q: How do I pay my lawyer? If you need to pay legal fees, use a credit or debit card.

Q: Do I have to come to Kentucky for community service?  If you are required to perform community service, you may generally do so where you live with any non-profit agency.

Most hurdles can be overcome.  Having practiced criminal defense in the area for over 20 years, I am very familiar with the Northern Kentucky courts, personnel, the judges and prosecutors.  I know how most cases are generally handled in advance of any hearing.

If you have charges in Northern Kentucky and are in need of representation, contact Michael Bouldin at 859-581-6453 or email at mike@bouldinlawfirm.com.

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What Is Accident v. Wanton Conduct?

Posted on August 16, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

Representing two clients in the past week dealing with alleged wanton conduct, I find myself again doing research on how actions are determined to be accidental, negligent, wanton or intentional.  Having to explain this to foreign clients is even more difficult as they often use only one word to describe the conduct.  Following are criminal definitions of each word from Kentucky Statutes:

501.020 Definition of mental states. The following definitions apply in the Kentucky Penal Code:
(1) “Intentionally” — A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause that result or to engage in that conduct.
(2) “Knowingly” — A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of that nature or that the circumstance exists.
(3) “Wantonly” — A person acts wantonly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts wantonly with respect thereto.
(4) “Recklessly” — A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

Kentucky also utilizes the following definitions:

501.010 Definitions. The following definitions apply in this chapter:
(1) “Culpable mental state” means “intentionally” or “knowingly” or “wantonly” or “recklessly,” as these terms are defined in KRS 501.020.
(2) “Intoxication” means a disturbance of mental or physical capacities resulting from the introduction of substances into the body.
(3) “Voluntary act” means a bodily movement performed consciously as a result of effort or determination and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it.
(4) “Voluntary intoxication” means intoxication caused by substances which the defendant knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such duress as would afford a defense to a charge of crime.

If you have been charged with any crime you should consult with an attorney. Wanton conduct in criminal courts typically results in a felony charge. For representation in Kentucky, call Bouldin Law Firm and speak with Michael Bouldin.  Email at mwbouldin2@gmail.com or call 859-581-6453 (581-MIKE).

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Traffic Citation on 71/75

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

TRAFFIC CITATION:

If you received a traffic citation on Interstate 71/75 in Northern Kentucky, you might have to appear in court.  The court would be in Boone or Kenton county, depending on the exact location of the citation.

If you have been cited and do not wish to appear for the hearing, you can hire an attorney to handle your court case on your behalf.  For representation in Kenton or Boone or elsewhere in Northern Kentucky, call attorney Michael Bouldin.  While Michael Bouldin generally handles larger felony, misdemeanor and DUI cases, he is well versed in defense and plea negotiations regarding all traffic citations.

Often a resolution can be reached without the necessity of the appearance of the defendant.  This may include dismissal, CATs program referral, mediation, diversion, or plea deal that is beneficial to the defendant.  Of course, if the defendant wishes to proceed to trial that is his/her right and extensive trial experience of over 20 years will lead to a very good defense.

For consultation and representation, call Michael Bouldin at 859-581-6453 or email at 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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AI at CVG

Posted on May 19, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

If you have been arrested for public intoxication, or alcohol intoxication, at Greater Cincinnati Airport, you may need to hire an attorney.  Often the arrest citation will allow for prepayment of fines and court costs in lieu of appearance at court.  This is a bad idea.  Prepayment is a GUILTY plea.  The arrest and conviction will become part of your permanent criminal records.  Alternatively, you may be able to avoid conviction either through trial or pretrial diversion.

An experienced attorney can aid a client through the diversion process.  Unfortunately, you will spend more in costs as well as legal fees and may be subject to community service, but you will not have a conviction and can generally expunge your case in 60 – 120 days.  If you are convicted, you cannot expunge the conviction for at least 5 years in Kentucky.  This may affect your future travel out of the country as well as limit some employment opportunities.

Another option is to take the case to trial.  The statute (KRS 222.202) for Alcohol Intoxication states: “A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity.”  It is not enough to simply be intoxicated, you must be a danger to yourself or others. If you have the resources to fight, an experienced criminal defense attorney may be able to help you gain an acquittal by taking the case to trial.

If you have been arrested in Northern Kentucky, at CVG or elsewhere, contact Michael Bouldin at mwbouldin2@gmail.com or call 859-581-6453 (581-MIKE) for consultation.  If you live out of town, out of state, or out of the country, I may be able to appear in court on your behalf.  Call for a consultation.

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Arrested at CVG Airport

Posted on May 3, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

If you have been arrested at CVG airport, you need an attorney!  Cincinnati airport, denoted as CVG, is actually located in Boone County, Kentucky.  An arrest can be made under federal authority of Immigration (INS), FAA, FBI, TSA or local police, either Airport Police or Boone County Sheriffs.

If you have been arrested for misdemeanor infractions such as AI (Alcohol Intoxication), PI (Public Intoxication), DC (Disorderly Conduct), Possession of Marijuana, Harassment or misdemeanor Assault, your case will be in Boone County District Court.  You should hire a local attorney who regularly handles misdemeanor cases in Boone County.

In many of these misdemeanor cases, an attorney can represent you and in many cases the attorney can waive your appearance at the first and sometimes other hearings.  If travel makes appearing difficult, an experienced attorney can schedule a hearing at mutually convenient times.  You will need to hire the attorney in advance to assure that he/she can appear.  *This is generally NOT the case for DUI and some other cases.  Discuss your case with the attorney and ask if your appearance is necessary.

Federal charges generally only arise from trafficking larger amounts of controlled substances. Often forfeiture of contraband and/or cash is associated with federal cases.  You should discuss the case with an attorney who regularly handles cases in federal and state courts, especially in the Eastern District of Kentucky.

Consultations may be available by telephone or email.  Also, the attorney can advise as to probable outcomes, whether diversion is likely or available, and potential resolutions.  For consultation about CVG arrest or citation in Boone County, Kentucky or elsewhere in Northern Kentucky call the Bouldin Law Firm and have consultation with Michael Bouldin.  To schedule, email at mwbouldin2@gmail.com or call Emily at 859-581-6453 (581-MIKE).

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