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Category: Uncategorized

Can Inmates Assign Power of Attorney?

Posted on April 14, 2014 in General Criminal Law Issues - Northern KY Uncategorized

Many times an inmate will appoint a POA to handle their financial affairs during periods of incarceration.  A Power of Attorney (POA) can be immediate or may only be valid during those times of incarceration.  Criminal defendants should discuss how their financial affairs may be administered if they are going to spend time in jail or prison.  Most criminal defense attorneys will prepare a POA for their clients when they are in jail or when incarceration is part of the plea bargain.

The defendant should pay particular attention to whom they appoint.  If you are in jail for drug usage, appointing your drug using girlfriend may not be the best idea.  In general, only appoint someone who you trust with your money, assets and financial affairs.  If you do not completely trust that person, it may be better to not have any POA than an untrustworthy one.

If you need criminal defense counsel, advice or representation, call Micahel Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.  

Do Any Attorneys Practice Divorce and Criminal Law?

Posted on April 9, 2014 in General Criminal Law Issues - Northern KY Uncategorized

I have been practicing both criminal law (see blog) and divorce/domestic or family law (see blog) in Northern Kentucky for nearly 19 years.  Many practitioners choose to practice one or the other for any number of reasons.  Many criminal law attorneys hate the needy nature of many domestic clients.  Many family law attorneys do not like the rigid nature of criminal law, don’t want to deal with criminal defendants as clients or do not feel comfortable outside of the area of domestic law.

There is a great deal of overlap between criminal and domestic law.  There are many clients that are in juvenile or custody court due to alleged abuse which may also carry criminal charges, penalties or sanctions.  Domestic Violence and EPO/DVO practice borders both on family law and criminal law.  A finding of abuse may lead to criminal child abuse charges or assault charges.

Failure to pay child support may be handled in family court as contempt or may be charged as a misdemeanor or felony charges.  Assault on your spouse, child or significant other may end up in Juvenile Court, Family/Divorce Court, EPO/DVO court or District or Circuit Court for misdemeanor or felony charges… or in multiple courts.

With the experience of both, I am honored to have family law attorneys refer their clients who find themselves in criminal trouble.  I am equally honored that some criminal law attorneys refer their clients who have divorce, custody or other family law issues.  If you are an attorney looking to refer, call to discuss general issues or specific cases.*  If you are in need of either or both, call my office for a consultation.

Michael W.Bouldin can be contacted at mwbouldin2@gmail.com or by phone for question or appointment at 581-MIKE, 859-581-6453.

*Note: when receiving referrals from attorneys it is my practice to never “steal” clients as my practice is built primarily on referrals.  If the client wishes to change attorneys I do not accept representation.  I encourage clients to remain with their current attorney for the original purpose of representation.

What Does a Forgery Charge Mean?

Posted on February 5, 2014 in Uncategorized

Forgery is a Class D felony in Kentucky and can carry 1-5 years in prison. It is often used as a charge where a stolen check is cashed. Possession of a forged instrument is also a D felony and is easier to prove since you just have to possess the forged instrument, the prosecution does not have to prove WHO actually did the forgery.

Forgery and Possession of Forged Instrument charges are defined in KRS 516.010 and following.  There are 3 levels of charges for forgery and 3 levels of charges for possession of forged instrument.  These charges may be misdemeanor or felony charges.

If you are charged with forgery or possession of a forged instrument you need to hire a criminal defense attorney.  For advice and representation in Cincinnati or Northern Kentucky, contact Michael Bouldin at mwbouldin2@gmail.com or call 859-581-6453.  

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What Is A4/DV in Kentucky?

Posted on February 5, 2014 in Uncategorized

A4/DV is shorthand for the charge of Assault, 4th Degree and DV is shorthand for Domestic Violence.  It is defined in Kentucky Revised Statutes §508.030 as follows:

KRS 508.030 – Assault in the fourth degree.
(1) A person is guilty of assault in the fourth degree when:
(a) He intentionally or wantonly causes physical injury to another person; or
(b) With recklessness he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
(2) Assault in the fourth degree is a Class A misdemeanor.

As a class A misdemeanor, the crime of Assault 4 is punishable by up to 12 months in county jail and/or $500 fine, in addition to court costs.  The defendant may also be made to pay restitution if there are any out of pocket expenses or medical bills of the victim.  Assault 4th may or may not be against a significant other, in which case the DV actually makes sense.

If you are charged with A4/DV, you need to hire an attorney.  In Northern Kentucky, contact Bouldin Law Firm at 859-581-6453 (581-MIKE) for a consultation.  

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What Is Felony Assault?

Posted on January 30, 2014 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky Uncategorized

Felony assault in Kentucky is codified in KRS 508 of the Kentucky Revised Statutes.

KRS 508.010 Assault in the first degree.
(1) A person is guilty of assault in the first degree when:

(a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or

(b) Under circumstances manifesting extreme indifference to the value of human life he wantonly engages in conduct which creates a grave risk of death to another and thereby causes serious physical injury to another person.

(2) Assault in the first degree is a Class B felony

If the injury is less serious but there is physical injury caused by a deadly weapon, or if there is serious physical injury without a weapoin, the charge is located in KRS 508-020, Assault in the second degree.  This is a class C felony.

If you have been charged with a felony assault, it is a serious offense and you need a criminal defense attorney.  For a consultation in Northern Kentucky or Cincinnati, contact Michael Bouldin at mwbouldin2@fuse.net or call 859-581-6453

 

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How Do I Pay Legal Fees?

Posted on December 31, 2013 in Uncategorized

Most criminal defense lawyers demand their fees up front and prior to representation.  Fees are generally paid with checks, however many other forms of payment are acceptable. Cash, money orders, and major credit cards are accepted by the Bouldin Law Firm, as well as many other law firms in Northern Kentucky.

Most often people pay with MasterCard, Discover, Visa or AmEx (America Express). Also accepted is Diners’ Club, JCB and PayPal. Barter may be accepted in special circumstances.

It is hard to financially plan for a criminal arrest. If you need to make arrangements, speak with your attorney. For a consultation in Northern Kentucky, contact my office at mwbouldin2@gmail.com or call 859-581-6453.

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Pay Your Attorney Before Black Friday

Posted on November 25, 2013 in General Criminal Law Issues - Northern KY Uncategorized

As a practicing attorney for many years in Northern Kentucky, I often hear this time of year that “I cannot afford an attorney with the holidays coming up.”  I find this interesting in the domestic relations practice, as many file immediately after the holidays.  I find this disturbing in the criminal practice, as that shopping for toys and gifts is more important than retaining counsel and staying out of jail.  The best present that you can give to your family is to not be incarcerated during the holidays.

If you are trying to decide between paying your attorney and shopping on black Friday, check your priorities.  There are no deals more important than your legal obligations and your freedom.  As such, take special note and use this opportunity to hire or pay your counsel, especially if extra money is available.

Remember, attorneys are no different than anyone else.  They are running a small business and need cash flow to continue with business.  Payment during holidays assures that they will see you as a responsible client and will prioritize your needs.  To the contrary, I typically file motions to withdraw on many clients after the holidays when I discover that they determined that shopping was more important than their financial obligations.

Do yourself a favor and utilize that savings or bonus money to show financial responsibility to your attorney.

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Hit And Run

Posted on November 18, 2013 in General Criminal Law Issues - Northern KY Uncategorized

If you are involved in an accident in Northern Kentucky, you must report it to the police.  If there are injuries, you are required to wait until emergency vehicles or personnel arrive.

KRS 189.580 outlines duties in case of an accident.

In the case where there is an unattended vehicle and property damage, but no injuries, you are required to leave all information or report to local police within 24 hours.  Violation can lead to a fine only, or in more serious cases can lead to fine up to $2,000 and incarceration up to one year.

If you have been in an accident, contact an attorney.  If you were not at fault, you may be entitled to restitution for damage as well as medical bills, lost wages and pain and suffering for injuries.  If you were at fault, you may be subject to criminal penalties, including fines, restitution, probation and incarceration as well as civil penalties.

In Northern Kentucky and Cincinnati, contact Michael Bouldin for a consultation.  Email at mike@bouldinlawfirm.com or call 859-581-6453.  Speak to Emily if Michael is not available.

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How Can DEA or TSA Seize My Money?

Posted on November 14, 2013 in Federal Crimes in Northern KY Uncategorized

DEA and TSA are seizing money throughout the United States at a new alarming rate.  At the Greater Cincinnati Airport, they seize money which is or may be suspected to be drug related.  Often times the DEA has no evidence of drug trafficking other than cash.  The Government may and often does hold YOUR MONEY until you appeal and prove your innocence.  Remember, this is not a criminal case so often different rules apply.  

The law is quite confusing and the money is often taken as evidence and held by the Department of Justice pending their investigation.  My finding is that often there is NO actual investigation, but only a “wait and see” approach by DOJ to ascertain if the rightful owner of the money will step forward and assert their claim.

It often becomes the burden of the client to provide evidence to prove where and how the forfeited money was obtained.  In most forfeiture cases, the owner must prove that the money was obtained by legitimate ways.  The attorney will count on the client to provide bank records and assist in any affidavits which may be required to prove legitimate ownership.

If your money has been seized, you are generally given only a receipt for the evidence.  The DOJ, Homeland Security (aka US Customs and Border Protection), DEA or other entity will send a letter apprising you of your rights to administrative remedies.  These administrative remedies must be exhausted before a lawsuit may be filed in the U.S. Federal District Court.  There are forms for Seized Asset Claim Forms, Request for Forfeiture Proceedings.

The decision on whether to continue with administrative proceedings or request to proceed in Court is generally best made by an attorney who handles these types of proceedings.  Unfortunately, no legal fees are required to be paid by the government unless your case proceeds to trial in District Court.  As you might imagine, your chances of recovering your assets increase greatly with the assistance of counsel.  If you have questions or wish to retain counsel to assist in recovery of your assets, contact Michael Bouldin at mike@bouldinlawfirm.com or call 859-581-6453.  (581-MIKE)

For more information, see previous blog by following link.

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Why Do People Use Bar Association For Referrals?

Posted on October 29, 2013 in General Criminal Law Issues - Northern KY Uncategorized

The Northern Kentucky Bar Association, NKBA, and numerous other associations provide referral sources for potential clients to find an attorney.  The Lawyer Referral Service has been provided for years, despite varying ethics position regarding paying for referrals.  People want to trust that the local Bar Association is unbiased and do not know where else to trust.  That said, the attorneys accepting referrals pay a separate fee in order to be included in that list.

Under Kentucky rules of ethics, the division of fees between lawyers of different firms is prohibited if one party is strictly making a referral and undertakes no obligation to the case and handles no matters in the case.  Further, it is strictly prohibited to share fees between a lawyer and non-lawyer.  Nevertheless, the NKBA receives a portion of the fee due to the lawyer in the lawyer referral service.

Following is KBA Ethic Opinion: May an attorney divide legal fees with a referring attorney where the latter performs no legal service and assumes no responsibility?  Answer: No.   References: Code DR 2-107
OPINION
Over the years customs and practices have developed which are constantly changing and being shaped by the demands of our progressively ever-changing society. One of these customs and practices concerns the division of fees among attorneys. Such customs and practices vary from area to area, state to state and in the Nation as a whole.   Because of this variance and because of the responsibility of the attorney to his client this article is being written and published by direction of the Board of Governors of your Bar Association.

We are dealing here only with the division of fees among attorneys. Without dispute or argument the division of legal fees with a non-attorney is absolutely prohibited.

To be fair, the NKBA did receive an ethics ruling prior to implementing the current referral services.  This ethics ruling does allow for referral and fees associated therewith.  This ruling is based on the “non-profit” status of the bar association.  In my opinion (which is somewhat irrelevant), it is a distinction without a difference.  If legalmatch.com is a for-profit business, it is unethical to pay them a percentage for referral.  However, if legalmatch.com would be a non-profit business, it is entirely ethical to pay a referral fee.  Why?  The answer is because the bar association needs money and gets significant amounts of that money from the referrals.

Should it not matter more how much money is spent on advertising?  Why should the bar association be competing with its own members to gain clientele?  The bar association does not provide legal services, therefore there should be no reason to advertise.  Similarly, it should be just as illegal for legalmatch.com, avvo.com, totalattorneys.com, attorneyreferral.com, lawyerreferral.com, and martindale.com to advertise, solely for the purpose of referring clients.  The real shame is that they have created a virtual yellow pages that markets to those individuals in need of an attorney. The attorneys msut pay either a flat fee, pay-per-lead fee or contingency fee in order to be a preferred attorney on these websites.  

If you have legal needs in Boone, Campbell, Kenton or Hamilton County, contact my office for a consultation.  Email Mike@bouldinlawfirm.com or call 581-MIKE for a consultation, 859-581-6453 .

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