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Category: State Crimes in Northern Kentucky

10 Year Lookback for KY DUI under New Law

Posted on April 21, 2016 in DUI State Crimes in Northern Kentucky

Kentucky passed SB 56 this month which modified the lookback period for second and subsequent DUI convictions from 5 years to 10 years.  This may significantly alter the status of those previously convicted of DUI.

The new law was signed by Governor Bevin on 4/9/2016 changing KRS 189A.010 in pertinent part from 5 to 10 years DUI for offenses.  Whereas attorneys have traditionally advised that Kentucky has a five (5) year lookback in which if you are convicted a second offense the fines and jail increase substantially, now that has changed to a ten (10) year period.

If you have been previously convicted of a DUI, your chances of being charged with a second offense have significantly increased.  There remains to be seen constitutional and retroactive challenges regarding this issue.  For example: what if you were advised on your first offense of a 5 year lookback and now, 7 years later they are charging you with a second offense?

This new law also brings the advice to not simple plead guilty because “it is easier.”  If you have a valid legal defense, you should assert your rights. This new 10 year lookback makes it much more likely that an individual convicted of a first offense will obtain a second charge at some point in the future.

If you have been charged with DUI, contact an attorney. For representation in Kentucky, call Michael Bouldin at 859-581-6453 (581-MIKE) or email at mike@bouldinlawfirm.com.

Expunge Felony In Kentucky NOW!

Posted on April 21, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

House Bill 40 has now been signed into law which allows expungement of certain felony convictions in Kentucky by amending KRS 431.

The law appears to be in effect immediately, however there have not yet been issued AOC forms to comply with the new law. Some attorneys have created their own forms which should be in compliance with the new law. The law requires a waiting period of 5 years after completion of any sentence or probation.

Amend KRS 431.076 to expand the scope of an expungement motion under that statute to include felonies referred to a grand jury where no indictment ensues; amend KRS 431.078 to expand that statute’s expungement process to include Class D felonies; amend KRS 527.040 to expressly provide that an expunged felony does not trigger the application of that statute; create a new section of KRS Chapter 413 to prohibit the introduction of information pertaining to an expunged conviction as evidence in a civil suit or administrative proceeding alleging negligent hiring or licensing.

Only certain cases are eligible for expungement.  If you have questions whether your case is eligible, you can compare with the relevant KRS statutes which ARE eligible to expunge: 17.175, 186.990, 194A.505, 194B.505, 217.181, 217.207, 217.208, 218A.140, 218A.1415, 218A.1416, 218A.1417, 218A.1418, 218A.1423, 218A.1439, 218A.282, 218A.284, 218A.286, 218A.320, 218A.322, 218A.324, 244.165, 286.11-057, 304.47-025, 324.990, 365.241, 434.155, 434.675, 434.850, 434.872, 511.040, 512.020, 514.030, 514.040, 514.050, 514.060, 514.065, 514.070, 514.080, 514.090, 514.100, 514.110, 514.120, 514.140, 514.150, 514.160, 516.030, 516.060, 516.090, 516.108, 517.120, 518.040, 522.040, 524.100, 525.113, 526.020, 526.030, 528.020, 528.040, 528.050, 530.010, or 530.050.

For help with filing, contact attorney Michael Bouldin at mwbouldin@fuse.net or call 859-581-MIKE (859-581-6453).  Speak to Emily to schedule a consultation.

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.


Robbery, Burglary, and Theft in Kentucky

Posted on February 1, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

In Kentucky, the charges of Robbery, Burglary and Theft are often closely intertwined.  The KRS statutes are all within the criminal charges section, defined as the Kentucky Penal Code, and they are related insofar as the essential elements overlap and seem very similar at first glance.  While they do overlap, they are separate and distinct charges.

Theft is the unlawful taking of the property of another.  Theft and related offenses are located in KRS 514 and following.

Robbery is defined as using force or threatened use of force to commit a theft and is codified in KRS 515.010, 020 and 030.

Burglary is breaking and entering, or illegally being on property of another, with the intent of committing a crime. Burglary is codified in KRS 511 et al.  Often this is confusing because the crime is presumed and often is that of theft.  However, a defendant can be charged and convicted of breaking and entering to commit any crime.  Other crimes may be attempted rape, assault, or arson.

All of these charges are serious charges and, unless the theft is under $500, are generally felony charges.  If you have been charged with Robbery, theft or burglary, you need to hire an experienced criminal defense attorney.  For representation in Campbell, Kenton, Boone or Grant county, call Michael Bouldin at the Bouldin Law Firm.  Call Mike at 859-581-6453 or email at mike@bouldinlawfirm.com.


What is Limit For Felony Theft in Kentucky?

Posted on December 23, 2015 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

In general, the limit for misdemeanor theft in Kentucky is $499. If the value of the property is $500 or more, the theft can be charged as a felony.

KRS 514.030 defines Theft by unlawful taking or disposition — Penalties. (1) Except as otherwise provided in KRS 217.181, a person is guilty of theft by unlawful taking or disposition when he unlawfully: (a) Takes or exercises control over movable property of another with intent to deprive him thereof; or (b) Obtains immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto. (2) Theft by unlawful taking or disposition is a Class A misdemeanor unless: (a) The property is a firearm (regardless of the value of the firearm), in which case it is a Class D felony; (b) The property is anhydrous ammonia (regardless of the value of the ammonia), in which case it is a Class D felony unless it is proven that the person violated this section with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense; (c) The property is one (1) or more controlled substances valued collectively at less than ten thousand dollars ($10,000), in which case it is a Class D felony; (d) The value of the property is five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; (e) The value of the property is ten thousand dollars ($10,000) or more but less than one million dollars ($1,000,000), in which case it is a Class C felony; (f) The value of the property is one million dollars ($1,000,000) or more but less than ten million dollars ($10,000,000), in which case it is a Class B felony.

If you have been charged with theft, you need to hire an experienced criminal defense attorney. For consultation in Northern Kentucky, call the Bouldin Law Firm at 859-581-6453 or email Michael Bouldin directly at mwbouldin2@gmail.com.  An attorney can advise you of your rights and assure that they are protected.  An attorney may be able to secure a place with misdemeanor or felony diversion, negotiate a deal, appeal to minimize the sentence, or discuss trial strategy.  Don’t make the mistake of trying to “handle” your case alone and turn a shoplifting charge into a felony.


Burglary Without Theft?

Posted on December 7, 2015 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

In Kentucky Burglary is defined as: A person is guilty of burglary in the first degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building.  The definition does NOT require that a crime actually be committed, nor does it require any specific crime.  Although often thought of in conjunction with theft, said crime is not required.

I have defended persons charged with burglary, wherein the underlying crime was arson, assault, as well as various theft allegations.  Those may be theft of goods, money, or drugs.  Additionally, charges of sexual assault, rape or attempted crimes may be used in conjunction with the unlawful entering (breaking and entering) to justify the burglary charge.

If you have been charged with burglary, you are facing serious criminal charges in Kentucky and likely felony charges.  These often carry significant incarceration in addition to the felony label which may accompany you for the rest of your life. As such, you need an experienced criminal defense attorney to represent your interests and help you through this difficult time.

For a consultation with Michael Bouldin, contact the Bouldin Law Firm at mwbouldin2@gmail.com or call Emily at 859-581-6453 (581-MIKE).


How Does Prosecution Choose Trafficking v Possession?

Posted on November 9, 2015 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

Trafficking of a controlled substance versus possession of the same substance can make a significant difference in the outcome of a case as well as the amount of time that a defendant may be looking at if sentence is imposed.

There are some simple rules that can be applied, however there are exceptions.  Possession is a lesser charge, often a class D felony in Kentucky and may be resolved with deferred prosecution, diversion or probation, often including treatment.  Trafficking is generally a class C felony in Kentucky and nearly always results in a period of incarceration if convicted.  This can very greatly from state to state as well as in the federal level. (Note: Feds rarely concern themselves with possession cases)

Generally if there is a relatively small amount of the controlled substance and it is not individually packaged for resale, the charge will be that of possession.  A number of factors may be considered both by the charging agency (police, Drug Strike force, FBI, DEA) such as: number of units, packaging, cash found on the defendant or in the residence/car, scales, division of drugs.  Also often considered but not evidence is the “word on the street.”  If the agency obtains a warrant due to believed drug sales they will often charge with trafficking even though the evidence really leads to be a possession-type case.

By way of examaple, assume that someone is found with 2g of heroin.  This is on the high side for what many consider to be “individual use.”  If it is found near $2,500 cash and it is packaged in 4-10 separate dosage units and a digital scale is nearby, the likelihood is that the defendant will be charged with trafficking. However, if the 2g is in one unit, there is no money or scales and only a needle nearby and the defendant is a significant user, it may be more likely that he will be charged with possession.

218A.010(49) defines “Traffic” as: 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.  Of course, if there is evidence of actual trafficking, the charge will be trafficking regardless of the other factors.  For example, if a defendant has sold narcotics to an undercover agent or a confidential informant, they will generally be charged with trafficking regardless of the amount sold.

If you have been charged with possession or trafficking, you are facing serious criminal charges and need to hire an experienced criminal defense attorney.  For a consultation in Northern Kentucky or Cincinnati, contact the Bouldin Law Firm and schedule an appointment.  Call Michael Bouldin at 859-581-6453 (581-MIKE) or email at mike@bouldinlawfirm.com.


What is Sodomy?

Posted on October 1, 2015 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

Sodomy is a crime in Kentucky and throughout the nation.  In Kentucky, it is defined by KRS 510.070 under two circumstances

KRS 510.070 Sodomy in the first degree.

(1) A person is guilty of sodomy in the first degree when: (a) He engages in deviate sexual intercourse with another person by forcible compulsion; or (b) He engages in deviate sexual intercourse with another person who is incapable of consent because he: 1. Is physically helpless; or 2. Is less than twelve (12) years old.

(2) Sodomy in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony.

In Kentucky, a class B felony is punishable by incarceration of 10-20 years  and a class A felony is punishable by 20-life.  There also exeist 2nd and 3rd degree charges of sodomy.  These are based on the age and ability to consent of the victim.

Deviate sexual intercourse is defined in KRS 510.010(1) as “any act of sexual gratification involving the sex organs of one person and the mouth or anus of another; or penetration of the anus of one person by a foreign object manipulated by another person.”

Foreign object is defined in KRS 510.010(9) as “anything used in commission of a sexual act other than the person of the actor.”

The information contained herein is to help educate the public and those accused of the law and their rights.  Defendants have the right to remain silent and are encouraged to exercise those rights until they speak with a lawyer.  Defendant should retain counsel as soon as possible and before court hearings.  If an attorney is not available at first hearing, simply plea “NOT GUILTY” and have the matter set for a preliminary hearing.

If you have been charged with sodomy, it is a serious charge with significant potential consequences and you need to hire an attorney.  For a consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at mike@bouldinlawfirm.com.  Call 581-MIKE today.


KY Stand Your Ground Law

Posted on July 16, 2015 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

A member of USCCA recently inquired about potential representation in Kentucky for someone charged with defending themselves and use of a weapon, specifically one licensed to Carry a concealed weapon.  Kentucky is one of a number of states that have enacted Stand Your Ground law which provides defense to individuals charged with using deadly force who commit a homicide.  What KRS 403.055 provides is a defense to an action by providing presumptions regarding fear of imminent peril or death if you are within your residence or occupied vehicle.

KRS 503.055 provides:  Use of defensive force regarding dwelling, residence, or occupied vehicle — Exceptions. (1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if: (a) The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and (b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

See KRS 503.055 for full reading of the statute, as it does not allow for the defense against other titleholders, residents or peace officers, nor if you are using the residence for illegal activity.

“Stand your ground is a change in the self-defense defense,” he said. “You always have a right to self-defense, but under the common law if you had the ability to run away or retreat in full safety without risking being injured by the person who is attacking you then you have a duty to that. You have what was called the duty to retreat. The stand your ground law changes that standard. It says if you are in any place that you are legally allowed to be, you don’t have a duty to retreat.”

In cases where the “duty to retreat” comes into play, it is up to the jury to establish whether someone had the ability to run away.

This law essentially is a boost to a self defense claim.  In all 50 states, defending yourself or others from serious injury or death can be used as a defense in a murder or assault trial. However in Kentucky, acting in self-defense can make a person immune from being prosecuted in the first place if there was a reasonable belief that someone would imminently cause serious bodily injury or death.

If you have been charged with a crime, you need an experienced criminal defense attorney. For representation in Northern Kentucky, contact Michael Bouldin at mwbouldin2@gmail.com or call 859-581-6453.


What Is New Good Samaritan Law for Heroin in Kentucky?

Posted on July 7, 2015 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

Effective March 25, 2015, Kentucky has enacted KRS 218A.133 which exempts from prosecution for those seeking assistance with drug overdose.  This is known commonly as a Good Samaritan Law and is intended to encourage calling for medical assistance instead of watching a friend die in order to avoid criminal prosecution.

Interestingly, not all jurisdictions have taken full The law is intended to increase calling and emergency response in life or death situations.  The Stated is to exempt fro prosecution for possession of controlled substances or drug paraphernalia if seeking assistance.  Unfortunately, there are cases in which the police/arresting agency have chosen to instead charge with Trafficking or the new charge under KRS 218A.1410 of Importing Heroin.  This is a more serious charge, being a Class C felony which also mandates service of 50% of the sentence. A class C felony is punishable by 5-10 years in prison.

This may be a new wave or may be simply for the purpose of saving another life.  Parents should also be aware of Casey’s Law which can mandate treatment for those addicted to drugs.  At times, an arresting officer may overcharge a case simply to place a heroin user in jail.  The general consensus is that a heroin addict will either end up in jail or dead.  If you or a loved one is in need of help, seek counseling and treatment.  Treatment will almost never hurt a criminal defendant.

If you have been charged with possession, trafficking or importing heroin, you NEED an experienced criminal defense attorney.  For consultation in Northern Kentucky, contact Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.