Criminal defendants generally don’t want to spend money on an attorney until they know that they are the target of an investigation, and many even wait until they are officially charged with a crime before engaging legal counsel. Unfortunately, the best advice that an attorney can offer is often during the investigation phase. In Northern Kentucky as well as elsewhere, the most powerful tool that an investigator has available is a confession or other admission by the Defendant.

While it may be easy to ascertain that a conviction is likely if a Defendant admits to the crime, what may be less obvious is that any statement may be used against the Defendant if the case proceeds to a trial. The true confession is not as rare as a reader may think and Defendants confess for a variety of reasons. Most confess because of promises by the investigative officer that they will go easy on them if they tell what happened and admit their involvement. What a defendant does not know is that the decision to “go easy” may not be up to the investigator if the prosecutor or the judge view the crime differently.*

What may appear to be an innocuous question may turn out to be the lynch pin to a conviction. A simple mistake is difficult to explain away if the case proceeds to trial. For example, assume that you are being investigated for a breaking and entering charge and the officer asks if you have any burglary tools. You answer “No.” as you have never purchased burglary tools and you were not involved in the crime. A standard search warrant later reveals that you own a screwdriver, hammer, and small sunglass screwdrivers, as well as gloves and a satchel. The accused may have not thought of these items as “burglary tools” however to an investigator and likely to a jury, it is what they are.

In addition, you have either misled or lied to the officer about facts relevant to the investigation. Even if you testify at trial, there is now one additional piece necessary to explain away. Nearly all criminal defense attorneys will agree that the more explanations increase the likelihood of conviction. No matter how small, each thing that requires an explanation makes the defense that much more difficult.

Moreover, the attorney can provide a barrier between the police investigator and the accused. Regardless of the reason, the simple statement that “my attorney told me to remain silent” is accepted more than simply asserting the right to remain silent.

If you are the target of a state, local or federal investigation, you should discuss your case with an attorney as soon as possible. Retaining an attorney is in your best interest. If you have questions, concerns or wish to schedule a consultation, contact Michael Bouldin at mike@nky-criminal-defense-lawyer.com or call at 859-581-6453.

*That said, the investigator may very well have an influence on the prosecutor, judge and the ultimate outcome of the case.

In Northern Kentucky as well as elsewhere most police agencies have video cameras in the vehicles of the officers. This video generally always records and kicks on about one minute prior to the time when the lights/emergency is activated. This allows the officer to record not only the DUI field sobriety tests, but also a minute of the driving which led to the stop of the vehicle.

Why watch? Well the answer is both simple and multiple: First, the officer must have probable cause to stop a vehicle. If the officer was following the Defendant, that bad driving which led to the probable cause most likely would have occurred just prior to activating the emergency lights. If there is no bad driving or other reason for the stop, there is a chance that the entire stop can be suppressed in a hearing before the trial judge. Second, officers often misstate the facts of the case. There have been numerous tapes which I have watched in which the officer either overstates or makes mistakes about how the defendant performed on the field sobriety tests.

In a number of cases, the prosecutor or the police agency will turn the video over to defense counsel without reviewing the tape/CD. This is particularly advantageous to the defendant in that counsel will have the ability to cross examine, knowing the facts, and the officer will have to rely solely on his recollection. It is a rare occasion that the defense attorney has more knowledge than the prosecutor or the officer; it should be utilized.

Finally, the video may confirm the statements of the officer and that the Defendant was very intoxicated and miserably failed the field sobriety tests. If that is the case, there may be an advantage to enter into a plea agreement to avoid the video being shown at the trial. Such a video may incite the judge or the jury into recommendations of more harsh sentence if the case proceeds to trial

If you have been arrested for DUI, your attorney should request the video in discovery. If a video does exist, the Defendant is entitled to review it. There are a number of basis for obtaining the video, but the most common is that it may provide exculpatory evidence favorable to the Defendant. If you have questions or wish to consult with an attorney regarding a DUI in Cincinnati or Northern Kentucky, call Mike at 859-581-6453 or email at mike@nky-criminal-defense-lawyer.com . Best wishes.

I’m often asked how a person can be acquitted of a DUI if the facts are against them. In a recent trial, the officer testified to bad driving, striking the fog line numerous times and striking the center line two times. He then testified that the driver was slow to pull over and stumbled upon exit from the vehicle. When given the field sobriety tests (FST), she failed miserably the ABC test, number count, one leg stand and walk and turn. Her PBT, portable breath test, showed the presence of alcohol and she admitted to drinking at the bar. She was unable to complete many of the field tests. She did refuse the breathalyzer. As an aside, the driver lost her license for 120 days as a result of the refusal.

I will state that many attorneys would advise the client to plead guilty based on the above facts. One reason that convictions are very high in DUI cases is that most result in guilty pleas. The primary reason that the top DUI defense attorneys are successful is because they are not afraid to take a case to trial. Most experienced criminal defense attorneys agree that they have won cases they feel like they should have lost and they have lost cases that they feel that they should have won.

Back to the case at bar, the officer testified to all of the above. Upon cross examination, it became clear that he did not actually recall the incident with the Defendant, however was only testifying from his notes that evening. He could not recall other drivers on the road; could not recall what was said outside of his notes and citation. The citation was never put into evidence and is generally not admissible as evidence on its own.

The final question presented on cross examination was along the lines of: it’s fair to say that you do not have any independent recollection of this stop… you are simply reading your notes but you do not recall the events as we sit here today, correct? The officer honestly responded, “Yes.”

That was the close of the case for the Prosecution. I’ve stopped because many attorneys will immediately see that the case should now be won. The Judge asked if the Defense was ready to proceed and I requested a Directed Verdict and moved to strike the entirety of the testimony of the officer. Notes may be used to refresh the recollection of the witness, but cannot be used alone to provide the evidence. Since the officer was testifying from the notes, then he was not using them to refresh his recollection. The Judge correctly applied the law and issued a Directed Verdict in favor of the Defendant, thereby acquitting of all charges.

Of course not every story has such a wonderful ending. The odds of winning are different in each case and every case is unique. Clients are warned to not have an expected outcome based on other cases, regardless of the seeming similarities. Refer to the issues presented in the second paragraph.

That said, your chances of acquittal greatly improve with the retention of an attorney on your side. Listen to the advice of the attorney and do not be afraid to take the case to trial if it is warranted. If you have been arrested for a DUI and are seeking advice and counsel, contact me, Michael Bouldin at 859-581-6453 or email at mwbouldin@fuse.net for a consultation.

In Kentucky a controlled substance is any drug which is manufactured or otherwise spelled out by state statutes. Controlled substances may be marijuana, cocaine, heroin in addition to prescription medications. Over-the-counter medications are generally not considered to be “controlled” and subject to legislation.

Possession of a Controlled Substance (PCS) may be anything from a misdemeanor to a class C felony, depending on both the substance as well as the amount. Rarely, PCS may be charged by the federal authorities and subject to federal criminal liability. This occurs most often when there is a significant investigation and the belief that the Defendant is engaged in large scale trafficking of the controlled substance.

There have been numerous changes to the laws regarding Possession of Controlled Substances in Kentukcy in 2011 and 2012. Some charges have been reduced and the law now allows for pretrial diversion in certain cases. The law also allows for the charges to ultimately be dismissed and possibly expunged, depending on the charge, type of substance and amount.

How you deal with the authorities may have an impact on the resolution of your case. Having a knowledgeable attorney can also greatly assist in a favorable outcome. If you have questions or neeed a consultation, contact me via this site, email at mike@bouldinlawfirm.com or call at 859-581-6453.

In Kentucky there are various charges relating to Theft. Theft By Unlawful Taking, generally referred to as TBUT, is defined under KRS 514 et al as a Misdemeanor if the value of the theft is under $500. TBUT < $500 and commonly referred to as Theft Under. The charge is a more serious D Felony if the value is five hundred dollars ($500) or more but less than ten thousand dollars ($10,000); or a Class C felony if ten thousand dollars ($10,000) or more. Misdemeanors are generally punishable in Kentucky by up to 12 months in jail and/or $500 fine.

Involvement of an attorney as early as possible is a key to having the case resolved successfully and acceptable to the parties involved. TBUT is typically a bad check, but can also be deceiving an elderly person or other form of trickery. In the typical case of a bad check, often times a resolution can be reached early in the case if the Defendant has the ability to make the check good and pay for the value of the check.

Of course, the county will have a fee for this “service” and the Defendant will undoubtedly spend money on legal fees, court costs and county attorney fees. A simple bad check for $50 may end up being $300 in fees and court costs plus the cost of the legal fees incurred. If a check is returned for NSF, insufficient funds, it is presumed that the person writing the check knew or should have know that there were insufficient funds to pay the check. This is written so that the prosecutor does not have to prove state of mind of the Defendant.

The statue reads, in pertinent part under KRS 514.040(6): A person is guilty of theft by deception when the person issues a check or similar
sight order in payment of all or any part of any tax payable to the Commonwealth knowing that it will not be honored by the drawee.

If you have been charged with theft by unlawful taking or any other crime in Boone, Kenton or Campbell counties, contact Michael Bouldin for a consultation. Contact Mike by email at mwbouldin@fuse.net or call 859-581-6453. call 581-MIKE

It is generally charged as a criminal offense if you write a bad check in Kentucky. Kenton, Boone and Campbell counties have bad check programs which are generally available for first time offenders and may be available for subsequent offenses. A criminal defense attorney can help guide you through the legal net to get the case resolved, often without a criminal record.

KRS 514.040 defines Theft by deception as follows:
(1) A person is guilty of theft by deception when the person obtains property or services of another by deception with intent to deprive the person thereof. A person deceives when the person intentionally:
(a) Creates or reinforces a false impression, including false impressions as to law, value, intention, or other state of mind;
(b) Prevents another from acquiring information which would affect judgment of a transaction;
(c) Fails to correct a false impression which the deceiver previously created or reinforced or which the deceiver knows to be influencing another to whom the person stands in a fiduciary or confidential relationship;
(d) Fails to disclose a known lien, adverse claim, or other legal impediment to the enjoyment of property which the person transfers or encumbers in consideration for the property obtained, whether the impediment is or is not valid or is or is not a matter of official record; or
(e) Issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.
(2) The term “deceive” does not, however, include falsity as to matters having no pecuniary significance or puffing by statements unlikely to deceive ordinary persons in the group addressed.
(3) Deception as to a person’s intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise.
(4) For purposes of subsection (1) of this section, a maker of a check or similar sight order for the payment of money is presumed to know that the check or order, other than a postdated check or order, would not be paid, if:
(a) The maker had no account with the drawee at the time the check or order was issued; or
(b) Payment was refused by the drawee for lack of funds, upon presentation within thirty (30) days after issue, and the maker failed to make good within ten (10) days after receiving notice of that refusal. Notice of the refusal may include a citation to this section and a description of this section’s criminal penalties and shall be deemed properly addressed when mailed to the address printed or written on the check or sight order or provided by the drawer or maker upon issuance of the check or sight order. The notice, if mailed, shall be deemed received by the addressee seven (7) days after it is placed in the United States mail. The notice may be sent by first-class mail if supported by an affidavit of service setting out the contents of the notice, the address to which the notice was mailed, that correct postage was applied, and the date the notice was placed in the United States mail. A maker makes good on a check or similar sight order for the payment of money by paying to the holder the face amount of the instrument, together with any merchant’s posted bad check handling fee not to exceed fifty dollars ($50) and any fee imposed pursuant to subsection (5) of this section.
(5) If a county attorney issues notice to a maker that a drawee has refused to honor an instrument due to a lack of funds as described in subsection (4)(b) of this section, the county attorney may charge a fee to the maker of fifty dollars ($50), if the instrument is paid. Money paid to the county attorney pursuant to this section shall be used only for payment of county attorney office operating expenses. Excess fees held by the county attorney on June 30 of each year shall be turned over to the county treasurer before the end of the next fiscal year for use by the fiscal court of the county.
(6) A person is guilty of theft by deception when the person issues a check or similar sight order in payment of all or any part of any tax payable to the Commonwealth knowing that it will not be honored by the drawee.
(7) A person is guilty of theft by deception when the person issues a check or similar sight order in payment of all or any part of a child support obligation knowing that it will not be honored by the drawee.
(8) Theft by deception is a Class A misdemeanor unless the value of the property, service, or the amount of the check or sight order referred to in subsection (6) or (7) of this section is:
(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or
(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

If you wrote a bad check and have been charged with Theft by Deception, you should hire an attorney. For a consultation in Northern Kentucky, contact Michael Bouldin at 859-581-6453 (581-MIKE) or email at mike@nky-criminal-defense-lawyer.com .

George Zimmerman has now been charged in the Trayvon Martin shooting with Murder 2 in Florida. It is very interesting that the local district attorney chose to bypass the Grand Jury process in favor of bringing charges via criminal information. It could be that because a Grand Jury process is confidential, that if they chose to Not Indict, there would be the same outrage against the system and the prosecutor. It could also be that the prosecutor had doubts about her case and did not want the case dismissed by the Grand Jury. Finally, the prosecutor could have feared that the Grand Jury would return a Murder 1 indictment, even though it was clearly not warranted and would be impossible for the prosecution to prove.

Whatever the reason, based on the facts of the case and the current law in Florida, there is no way that Mr. Zimmerman should be convicted under the current Florida law. The current stand your ground law provides that you have no duty to retreat if there is a perceived threat. It further provides that if you believe that you are in imminent danger, you can use lethal force to oppose that danger. The jury is supposed to consider the belief through the eyes of George Zimmerman.

The second question is whether George Zimmerman can get a fair trial, in Florida or anywhere. This case has already taken a Rodney King or OJ Simpson tone that the entire nation will be engaged in the trial. Furthermore, it is astounding and disappointing that what we would think are intelligent and open minded people, evaluate this case so much along racial lines. It highlights how prominent race still remains a determining factor, at least to some people, and how much it colors our view of reality.

As such, the likelihood of a trial is very likely. That said, both sides have much to lose if the case proceeds to trial. Mr. Zimmerman may lose 20 years of his freedom and will likely be killed in prison. The state may lose the trial and see the outrage of the citizens in the form of riots, looting or marches.

Even though the Judge will instruct a jury to consider only the facts presented at trial, you have to ask, “Will the Jury consider the likelihood of looting and riots if a Not Guilty verdict is returned?” As a juror, can you afford not to ask yourself this questions? If a prosecutor can be swayed by public opinion, how can we not expect jurors to also be affected. If death threats are made upon George Zimmerman, how can a juror not also feel the heat and threats to their decision.

This is a highly unfortunate circumstances that brought together Trayvon Martin and George Zimmerman. Was one looking for a fight? Likely. Which one? Regardless of the outcome of a trial or a plea, we will really never know.

All that is left to do is pray for both of these individuals, pray for their families and pray that this case will not lead to violence and rioting but to a better understanding of life on the streets and the dangers involved.

Note: I do not often do opinion pieces but this trial will undoubtedly generate buzz and questions.

Most attorneys who handle criminal law matters want to be paid up front for the majority of the work they are going to preform. This is known as a retainer. In Northern Kentucky, there are very few, if any, attorneys who will work on an hourly basis on criminal cases. This can be done if a substantial retainer is paid up front against which the attorney can bill. This may be done in an extensive federal case where the time for a trial may be weeks or months. A separate retainer may be required if the case proceeds to trial.

Kentucky has another option if the person has posted a cash bond to be released on bail. The bail money may be assigned to the attorney to assure that fees will be paid. Most attorneys in Northern Kentucky will accept a bail bond assignment in lieu of cash up front if the bail money is sufficient to cover the fees and/or retainer.

If a person is declared indigent and the defendant requests an attorney, the court will appoint a Public Advocate, also known as a Public Defender, in criminal cases. The defendant must request the attorney and fill out an affidavit of indigency. The court must make a determination and then should appoint a PD if the defendant faces a possibility of jail time. The defendant does not get to choose their public advocate.

Most people who can afford a private attorney choose to hire one. Many attorneys, including myself, accept checks, cash, bond assignments and all major credit cards. In some occasions, payment plans may also be approved depending on the nature of the case, the time anticipated until trial and the payment arrangements.

If you are unsure of the cost and how to pay for an attorney, most attorneys will give a free phone consultation. To ask more questions, contact Michael Bouldin at mike@bouldinlawfirm.com or call 859-581-6453 (581-MIKE).

Attorneys need vacations probably more than most other people and many times will have the financial wherewithal to take their vacation time. Clients often ask what to do if they get arrested, or have hearings, or have pressing matters while their attorney is away. I generally take vacation a couple of times each year to recharge my batteries.

Most attorneys take great precaution to assure that their clients’ needs are still met while they are away on vacation. In big law firms, there are often other attorneys to answer questions during the absence of any specific attorney. Typically criminal defense attorneys run in smaller packs. They may be the only criminal expert at a larger office or they may be in a small or solo practitioner type of office. Those attorneys, like me, make other arrangements.

When I leave for vacation, I try very hard to reschedule any hearings that may fall during the time of my absence. I also generally only leave when my paralegal is going to be available for any calls during the work week. The paralegal is trained to do all of the following: (1) determine whether an issue needs immediate assistance or can wait until return; (2) answer simple questions; (3) call another attorney (typically a friend) who can answer questions of immediate nature; (4) refer a case to another attorney if time is of the essence; (5) email or otherwise contact the vacationing attorney for questions that need an answer but can wait overnight; and (6) schedule appointments for when I return.

If I am in the country, I typically check emails on a daily basis. This is just to keep up – not to try and solve the world’s problems. I will also call the office a few times to check in on certain clients or issues. If I’m out of the country, I typically check emails 2 times each week.

Things happen and many occur at inopportune times. If you have questions of your lawyer, do not hesitate to ask. Also remember that we need some free time to rest our bodies and minds. If you believe that your case must be resolved within a day or two, you are likely incorrect but you have the option to seek separate counsel. I know from my 18+ years of experience that there is virtually nothing that cannot wait until next week. Give your attorney the time necessary to handle your case and return your call/email. My clear mind will give me strength to handle your case as we move forward.

Money laundering refers to the process of concealing the source of illegally obtained money. Money laundering is a federal crime and is generally prosecuted by the US Governement through the USA District Attorney’s Office and is most often investigated by the FBI, CIA, Secret Service or potentially the INS.

The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount of money laundered, either worldwide or within their national economy. The FATF, an intergovernmental body set up to combat money laundering, admitted that “overall it is absolutely impossible to produce a reliable estimate of the amount of money laundered and therefore the FATF does not publish any figures in this regard.”

Regardless of the difficulty in measurement, the amount of money laundered each year is in the billions of dollars and poses a significant policy concern for governments. Governments and international bodies have undertaken efforts to deter, prevent and apprehend money launderers. Financial institutions have likewise undertaken efforts to prevent and detect transactions involving dirty money, both as a result of government requirements and to avoid the reputational risk involved.

Much of the money laundering was supported (or overlooked) in past decades. Swiss and Cayman bank accounts were commonly used to hide assets from govenernmental agencies. Fortunately, or unfortunately, the use of computers and the government’s insistence on turning over records has made much of this formermethod both obsolete and banking more transparent than ever.

Money laundering is a very serious felony charge in the United States. The punishment is generally up to 20 years in prison as well as substantial fines, costs and forfeiture of money and assets. If you have been charged or are involved in an investigation, you should consult an attorney as soon as possible. For a consultation, contact Michael Bouldin in Cincinnati/Northern Kentucky at 859-581+6453 or email at mike@bouldinlawfirm.com