I had another Not Guilty day this past week with a client, and often my friends ask, “How do you win such a case.” The answer is both simple and not so much so.
First, as an attorney that likes to try cases, the chances of a not guilty are greatly increased if you take many cases to trial. My rule of thumb is: if the prosecution is not offering anything, why not take the case to trial? Many DUI/OVI cases have a standard offer from the prosecution.
The send rule is: if the case is triable, don’t be afraid to take it to trial. A triable case is discretionary, but the general rule is this:
These are not hard and fast rules and every case is different. The value of an experienced DUI defense attorney is invaluable when determining how to proceed. For consultation with an attorney with over 22 years experience defending DUI charges in Boone, Campbell or Kenton County, or OVI in Cincinnati, call Michael Bouldin at 859-581-6453 or email email@example.com.
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 firstname.lastname@example.org.
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 email@example.com.
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
If you have questions or need a consultation, please call the Bouldin Law Firm at 859-581-6453 or email at firstname.lastname@example.org. Call 581-MIKE today.
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:
There are additional felonies which are not included in this list. Additional felonies not listed above may be expunged if:
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 email@example.com.
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 firstname.lastname@example.org.
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:
Kentucky also utilizes the following definitions:
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 email@example.com or call 859-581-6453 (581-MIKE).
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 firstname.lastname@example.org.
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:
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 email@example.com or call 859-581-6453.
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 firstname.lastname@example.org 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.