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Sex Offender Registration & FaceBook

Posted on June 28, 2017 in Uncategorized

The United States Supreme Court struck down a North Carolina law that criminalizes use of social media by registered sex offenders in Packingham v. North Carolina on June 19, 2017.  A link to that Supreme Court decision is attached. This was a unanimous U.S. Supreme Court ruling, essentially stating that even a registered sex offender has first amendment rights regarding freedom of speech. 

Kentucky, like many states, restricts convicted sex offenders from using social media.  This is expanded after the parole or probation period ends and is included with sex-offender registration which can include a 10 year, 20 year, or lifetime registration requirement.

Kentucky law also criminalizes registrants from “knowingly or intentionally use a social networking Web site or an instant messaging or chat room program if that Web site or program allows a person who is less than eighteen (18) years of age to access or use the Web site or program.” Of course, this includes Instagram, Twitter, FaceBook, SnapChat and many other social media websites.

The supreme Court stated: A fundamental First Amendment principle is that all persons have access to places where they can speak and listen, and then, after reflection,s peak and listen once more.  Today, one of the most important places to exchange views is cyberspace, particularly social media, which offers “relatively unlimited, lo-cost capacity for communication of all kinds.

It is unclear whether this change will also apply to persons who are on probation or parole, where the use of certain media may be limited as a condition of probation/parole.  There are other crimes in Kentucky regarding registration which may be impacted, but not directly addressed by this Court ruling. Those include registration of your email addresses, FaceBook and other social media accounts. Best legal advice is to report all accounts until/unless the law changes. Time and case law will ferret out whether failure to report your account remains a criminal act.

If you have questions or concerns, contact a criminal defense attorney. For consultation in Kentucky, call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com

What’s Going On With Airport Cash Seizure?

Posted on November 7, 2016 in Federal Crimes in Northern KY Uncategorized

Many people have had cashed seized by TSA, DEA or other 3 letter federal agency at the airport.  This is more and more often when people are traveling with cash within the US or even with less than $10,000 in or outside of the United States.  IT IS NOT ILLEGAL TO TRAVEL WITH CASH.  If you are traveling out of the countyr, you may have to declare your cash, but that does not stop them from executing a seizure either.

OUR U.S. Government has taken it upon themselves to seize your hard earned assets regardless.  The Greater Cincinnati Airport (CVG) is notorious for taking money from travelers or reporting it to the next stop where travelers may be stopped and money seized. (i.e. LAX, ORD, DFW, etc)

It then is up to you to prove that the cash was earned and it is yours.  This can often be done with bank records, sales receipts or other documents.  I have traditionally charged a retainer of $3,000 plus 25% of the money recovered.  Recently, I have added an associate to my firm and have the ability to handle these types of case with varying legal fees.

Fees may be as little as $500 down, but may involve a larger contingency or may include higher retainer with less contingency. If your cash was seized, you will receive a letter from the United States Department of Justice, generally 30 days or so after the seizure.  It outlines your rights.

If you have had money or cash seized at the airport, you are entitled to representation to attempt to recover that money.  Hire an experienced attorney to handle your case.  Call the Bouldin Law Firm and speak to Mike or Kris Nevels at 859-581-6453 or email mike@bouldinlawfirm.com.

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Coverage In Northern Kentucky

Posted on November 4, 2016 in Uncategorized

If you are an attorney outside of Northern Kentucky and need coverage, contact the Bouldin Law Firm to handle your appearance(s).  We cover all courts in Boone, Campbell and Kenton counties and can occasionally be available elsewhere. If you are an attorney in Lexington, Louisville, Bowling Green or elsewhere and cannot be in two places at once, call us.  Both Michael Bouldin and Kristopher Nevels are in court nearly every day.

Most district courts will allow coverage for arraignment or pretrial without change of or adding additional counsel of record. We will provide this service at reasonable rates. While our hourly rate is $250/hour, we can often provide coverage in less than one hour’s time.  Of course, we are also available to co-counsel cases after discussion with an attorney.

We’ve been representing criminal defendants for felony, misdemeanor, DUI and traffic cases for over 20 years and can handle your case.  Having a small practice is difficult and often attorneys need to be in multiple locations.

If you are a lawyer and need help with a case in Northern Kentucky, call the law office of Michael Bouldin and talk to Emily, Kris or Mike.  Call 859-581-6453.  You may also email at mike@bouldinlawfirm.com.  *NOTE: Nothing herein is intended to procure coverage without verification.  Do not send an email and assume that your case will be covered.  Call if any questions or concerns.


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.


Current Medical Marijuana Law In Ohio

Posted on September 28, 2016 in General Criminal Law Issues - Northern KY Uncategorized

Ohio House Bill 523, Ohio’s medical marijuana law takes effect Sept. 8. Under the new law people can possess and use the drug without going to jail if it is prescribed for certain medical conditions.  The new law does NOT specify where people can get marijuana.

Lawmakers have said that until the state’s dispensaries are set up, residents can travel to Michigan or another legal state and bring marijuana back. BUT, doing so is a violation of state and federal laws, as well as a key provision of the federal government’s hands-off approach to regulating state medical marijuana programs.

So most people will likely buy marijuana through Ohio’s existing black market.

Here’s why.  Medical marijuana is now legal in Ohio, but it could be two years before the program is operational.

What’s the Problem?  The law establishes an “affirmative defense” against prosecution for possessing marijuana and paraphernalia that would be legal under the law. That defense expires 60 days after the state begins accepting applications for patient registry identification cards, which is another several months away.

Until then, the defense applies only if the patient’s physician has certified, in writing, the following:

  • That the patient has been diagnosed with a qualifying medical condition
  • That the physician has gone over the risks and benefits to using medical marijuana.
  • That the physician thinks the benefits of the patient using marijuana outweigh its risks.

And the marijuana in question must be acceptable under the law, which allows plant material, edibles, patches, oils and tinctures but prohibits smoking. That means smoking marijuana, possessing gummy bears and other edibles that would be attractive to children or growing your own marijuana would not be protected by the defense.

Doctors are unlikely to sign off on patient marijuana use before then, said John Hudak, who studies marijuana policy at the Washington D.C.-based Brookings Institution.  “Doctors should not assume that prior to the board of pharmacy regulations coming out that this system is up and running and fully functional,” Hudak said.

What about Kentucky and other out-of-staters 

Pennsylvania and Michigan have legalized medical marijuana. But Pennsylvania’s dispensaries won’t be set up for two years.

And it’s not clear whether Michigan dispensaries would sell to Ohio patients. Michigan law allows medical marijuana sales to people with patient ID cards issued in other states. But Ohio patient ID cards won’t be available for months.

Michigan attorney Barton Morris said a doctor’s recommendation obtained in anticipation of the affirmative defense might qualify as an acceptable replacement for an ID card. But he said that as well as all out-of-state cards are accepted at the discretion of each dispensary.

Driving to Colorado — also a suggestion floated by lawmakers — could be even more problematic. There is no route from Colorado to Ohio that only passes through legal marijuana states. And flying with cannabis is illegal.


What about Federal prosecution 

Medical marijuana is legal in 25 states and the District of Columbia, but remains an illegal, Schedule I substance under the federal Controlled Substances Act.

The U.S. Department of Justice under President Obama said in 2009 it would not focus federal resources on prosecuting crimes that were legal in medical marijuana states. The policy was extended to states that have legalize recreational marijuana states in a 2013 memorandum signed by Deputy Attorney General James Cole.

The “Cole Memo” laid out eight priorities for enforcing federal marijuana laws. Among them, preventing diversion of marijuana from legal states to “other states.”  Hudak said encouraging bringing in marijuana from another state — even neighboring Michigan — is a clear violation of the Cole Memo.

Can I use my normal supplier?

If patients can’t get medical marijuana from another state, where can they get it?  “Wherever they can find it available — any source is allowed,” Burke said.  *NOTE: Nothing in this new law permits sale of medical marijuana by non-licensed vendor.  Trafficking of marijuana remains a crime under both state and federal laws.

That includes drug dealers selling marijuana illegally grown here or trafficked in from elsewhere. Burke said the law does not change enforcement of laws against that activity but was meant to help Ohio patients.

If you have been charged with a crime, hire a criminal defense attorney.  For representation in Northern Kentucky and Cincinnati, call attorney Michael Bouldin at 581-MIKE;  859-581-6453 or email at mwbouldin2@gmail.com



Where is Law Office?

Posted on July 29, 2016 in Uncategorized

If you are looking for the Bouldin Law Firm, you’ve found it.  Having practiced DUI and criminal defense law in Kentucky for the past 21+ years, I’ve found it helps to be close to the action.  My office is two blocks from the Kenton County Justice Center, which is located at 230 Madison Avenue in Covington.  I am a short 5 minute drive from the Campbell County Justice Center and less than 10 minutes from Hamilton County courts.

Boone County is only a few minutes away and the courthouse in Burlington is a 25 minute drive (depending on 71/75 traffic).  Having lived in Boone Count for 20 years, often court is on the first stop of the day and prior to checking emails at the office.

My office is located at 120 West Fifth Street, Covington, Kentucky 41011.  It is actually on the corner of 5th and Russell streets and clients often park in the lot adjacent owned by DEPs liquor store.  If you are coming for a meeting, you may also park in that lot.  Do not park there if not at a meeting, especially on Friday nights or during an event in Covington – DEP’s owns the lot and may tow your vehicle.

If you need representation or wish to discuss your case and want to schedule a consultation, call the office at 859-581-6453.  Email to Mike@bouldinlawfirm.com or schedule through Emily at Emily@bouldinlawfirm.com.  Call 581-MIKE.


What is Felony Theft in Kentucky?

Posted on January 10, 2016 in Uncategorized

Felony theft in Kentucky is any theft where the value of the items stolen is over $500.  Felony theft is generally a class D felony, which is punishable by up to 1-5 years in prison.  If the value exceeds $10,000, the theft may be charged as a class C felony.  Also, theft is not to be confused with Robbery.

Pursuant to KRS 515.030 Robbery in the second degree. (1) A person is guilty of robbery in the second degree when, in the course of committing theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft. (2) Robbery in the second degree is a Class C felony. Robbery does not require a certain value of the item stolen to be considered a felony.

Class C felonies carry penalties from 5-10 years in prison in addition to financial penalties and court costs.

Theft under $500 is generally a misdemeanor in Kentucky.  A misdemeanor can carry up to 12 months in jail and up to $500 fine in addition to court costs.  While these are possibilities, it is unusual for this punishment, especially if charged as a first offense.  Guns, violence, robbery or burglary greatly enhance the penalties and potential therefore.  Some misdemeanors are eligible for probation, mediation or diversion.  An attorney can help you get the best deal possible for your charges and based on the facts of your case.

If you have been charged with misdemeanor or felony theft in Kentucky, you will undoubtedly be best served by hiring an atorney.  For consultation in Northern Kentucky, call Bouldin Law Firm and schedule an appointment to speak to Michael Bouldin.  Call 581-MIKE or email at mwbouldin2@gmail.com . Call 859-581-6453 and speak to Mike or Emily to schedule a consultation. 


Bouldin Law Office Phone Now Working

Posted on September 24, 2014 in Uncategorized

Thanks to Cincinnati Bell, my office phone has not been working for the past 2 days.  I apologize.

The phones are now working and I can now be reached again at 859-581-6453 (581-MIKE).  As always, you can contact me at my email of mwbouldin@fuse.netmwbouldin2@gmail.com or you can contact my paralegal, Emily, at Emily@bouldinlawfirm.com.

I apologize for any inconvenience this has caused.  It has cause me enough!!



NOTE: Call or email Bouldin Law

Posted on September 24, 2014 in Uncategorized

If you are having trouble contacting of Michael Bouldin or Bouldin Law Firm, call the alternate number of 859-491-2206.

As always, you can reach me at mwbouldin@fuse.net.

I apologize for any inconvenience.  I hope that my main number is working soon.


What Is Best Defense For Heroin Possession?

Posted on August 7, 2014 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky Uncategorized

There is no “best” defense that applies universally to all cases, but only the best defense in any given case.  Heroin, and other illegal drugs, often have a defense to possession if the officer illegally searches a vehicle, person, purse or backpack.  Many times the search is incident to arrest, which would be a proper search.


Heroin Image (Pic for those of you who have not seen heroin)

Generally a search warrant is required for search of a person, vehicle or residence.  Exceptions to the warrant requirement are based on warrantless searches.  Warrantless searches are permissible if: (1) the drugs are in plain sight of the officer; (2) if the defendant or property owner consents to the search; (3) if the search is incident to arrest; or (4) if there are exigent circumstances that suggest illegal activity and there is a reasonable expectation that the contraband will disappear without a search.

Many recent cases which I have handled involved persons passed out in their vehicles, requiring the EMT to be called for revival.  This presents the defendant with life saving requirements, often at which time the needles, unused drugs and/or small amount remaining is in both plain view and present exigent circumstances.

There are a number of cases where treatment is the best alternative, and may provide a potential resolution to the case.  In Ohio, a defendant may enter a Treatment in Lieu of Conviction plea.  It is similar to a Diversion in Kentucky.  The defendant generally admits to possession, then is entered into a probation program for a period of time and is required to complete drug treatment.  If the drug program is successfully completed, the defendant will generally have the opportunity to have the case dismissed then later potentially expunged from his record.

If you have been charged with possession of a controlled substance, contact an attorney.  In Cincinnati or Northern Kentucky contact the Bouldin Law Firm and speak to Michael at mwbouldin2@gmail.com or call 859-581-6453.