The most important thing to remember when speaking with a potential lawyer is not to be afraid to ask questions. The best and most qualified lawyers will welcome your questions and they will take it as a sign that you have done your homework. Remember that when you are interviewing an attorney, the attorney is also interviewing you to see if he or she wants to take your case. A good lawyer would rather represent a truly prepared client, a client who is committed to getting the best legal representation available.

Here are a few questions you should ask in order to make an informed choice of who will represent you.

• How many years have you been in practice?
This will tell you much about the attorney’s potential experience. But, also ask what they have done all those years.

• How much experience do you have representing persons who are charged with DUI?
You should leave the attorney’s office confident that you have spoken to someone who has real expertise and experience in DUI law.

• Do you have real experience handling a case like mine?
You do not want a lawyer who sees your case as a new experience that he or she would like to try. You want someone with the experience necessary to do the job for you.

• How many cases have you taken to trial?
Your case might need to go to trial in order to get the outcome you deserve and it is imperative that your attorney have trial experience if it is required. You should also inquire about the preferred choice of a jury or bench trial.

• Who in the office will actually be handling the case and what are their qualifications?
Most attorneys work with a team. The lawyer that you might be speaking with might not actually be the person who does the bulk of the work.

• Are you covered by a legal malpractice insurance policy?
There is really no two ways about this. Your attorney should have malpractice insurance. Malpractice insurance is just as much insurance for you as it is for your lawyer.

• Have you ever been disciplined by the State Bar?
You do not want a lawyer with a long disciplinary rap sheet and you deserve to know if your lawyer has been disciplined in the past.

• What are all the potential legal costs, including investigators, experts and the like?
The lawyer should be honest with you about what your case might cost. You want to be secure that the lawyer is not luring you in with promises of unrealistically low fees and costs.

• What challenges do you see in my case?
The lawyer should be able to explain to you what he or she sees as the challenges you face and what they could mean for the ultimate result.

• How will you keep me informed about my case?
You must feel comfortable with the attorney’s commitment to communicate with you. You should know if you would really be kept informed of developments in your case.

• What will be the final outcome of my case?
A good attorney will not promise you a specific result, because it is always impossible to be certain how a case will turn out. Any other answer is dishonest and unethical. A good attorney can only promise to do his or her best job in defending you.

When you look for a potential defense attorney, tell him or her everything that you think is relevant, and then some. Something that you dismissed as a minor detail might make all the difference in your case. Most importantly, be honest. You have nothing to fear. Except in rare cases, if you are talking to an attorney face to face, even before he or she has decided to take your case, you already enjoy attorney-client privilege. This means that nothing you say could ever be used against you. If you ever have any doubt that your communication with the attorney is privileged, you should simply ask.

Kentucky law has been modified to allow for issuing a citation for possession of marijuana and paraphernalia. Physical arrest is no longer the preferred way of handling these types of misdemeanors under the new system of use of detention centers. Generally the arrest for possession is only in connection with other behavior: operating a motor vehicle, disorderly conduct or resisting arrest.

In Northern Kentucky there are a number of ways an attorney can assist if you have been charged with paraphernalia or possession of marijuana, or other similar substances (i.e. salvia). Options include plea of guilty and possible later dismissal of the case, plea of not guilty and bench or jury trial on the issues. This option may also include motion(s) to suppress certain evidence. A third and often used option is diversion. This is only available for first time offenders but may allow for early dismissal of the case and expungement of the criminal record in much less time.

This also allows persons filling out job applications to answer that they have not been arrested for a misdemeanor. This may be especially important if you do not want to lie or mislead a potential employer even though the record had been expunged.

If you have been charged you should explore all options with an attorney experienced in handling criminal matters in the county of arrest. In Boone, Kenton, Campbell, Gallatin and Hamilton counties, contact Michael Bouldin for a consultation at 859-581-6453 or mike@bouldinlawfirm.com.

I know that I have posted much of this information in the past, but since it is so often asked, it doesn’t hurt to tell people the results of a refusal of the breathalyzer in Northern Kentucky. All of the information herein is with respect to a first offense of DUI in Kentucky as well as a first time refusal, unless otherwise stated.

First, the refusal itself is not a crime. That said, the refusal itself does mandate a license suspension for up to 120 days. The arresting officer has the right to request breath, blood or urine of the defendant. The Defendant has the right to request a second test at his/her own cost if they so choose. The defendant has the right to challenge the refusal. if challenged, that hearing is only to determine whether or not the person refused the breath test. If the challenge is made and lost, the suspension is generally 120 days and there are NO hardship driving privileges.

If a person is convicted of the DUI, the refusal merges together with the DUI suspension. Assuming that the defendant does not challenge the suspension, the suspension is typically terminated at the conclusion of the case and the conclusion of the DUI suspension. If the defendant is acquitted, the prosecution may (but is not required) to certify the refusal. If this is done, the defendant will have a suspended license regardless of the outcome of the DUI.

Many times the person charged with a first offense DUI will see that it is charged as an “Aggravated DUI.” If the refusal is the only reason it is considered an aggravated DUI, the charge is technically incorrect. This is not a “get out of jail free” card. There are 6 aggravators for a second or subsequent DUI offense: having a blood alcohol concentration (BAC) over .15, driving the wrong way on a highway, going 30 mph over the speed limit, having an accident involving a serious injury, having a child under 12 in the vehicle and refusing the breathalyzer. This last aggravator only applies to second or subsequent offenses, not to first time offenders.

An aggravator mandates double the minimum jail time, or a minimum of 4 days of incarceration on a first offense. If a person is very intoxicated, the refusal on a first offense may actually prevent the defendant from having to serve the mandatory jail sentence. The laws differ somewhat significantly in Ohio. Ohio mandates 3 days in jail for a first offense and doubles that time if aggravated.

If you have been charged with a DUI or have refused the breathalyzer in Cincinnati or Northern Kentucky, contact an attorney to represent your interests. You can contact Michael Bouldin at mwbouldin@fuse.net or call 859-581-6453 for a consultation.

Kentucky law makes the parents or property owners liable for minors who consume alcohol while at their house. Recently in Northern Kentucky the parents were courts are attempting to hold the parents resonsible where the minors actually brought the alcohol to the party.

There are potential civil as well as criminal resonsibility for furnishing alcohol to minors. The new trend in litigation is the claim dthat it is insufficient for a parent to not provide alcohol, they must also be diligent in attempting to assure that no alcohol is consumed by underage minors. This is a deviation from traditional law. It is likely that, if upheld, it will apply to civil liability and probably not to criminal responsibility.

The concern is that civil liability can cost hundreds of thousands of dollars in the event that a juvenile is injured or killed after consuming alcohol. Criminal responsibility is traditionally a minor misdemeanor, however there is also a trend to charge with greater responsibility such as manslaughter when the results are deadly. While this makes little sense to hold someone accountable only if there are dire consequences, the stakes are increased substantially.

The safest, while likely unrealistic, bet is to not have children. If you do have teenage children, a parent may see the need for more stringent oversight of the activities and make diligent efforts to assure that no alcohol or drugs are present at your child’s parties. Parenting is difficult; the current law does still mandate that negligence is required to hold a person civilly responsible.

This area of law is every changing. The current trendn is to hold parents more responsible in an effort to curb teen drinking. Unfortunately, no matter what parents will do the teenagers will try to find a way to participate in adult activities. Also, no matter what efforts are taken, there will be children killed each year due to underage alcohol consumption. Parents can only do so much and the law supports those that use due care.

Please submit any questions or comments. Unfortunatley it may take a couple of days to post due to my review in attempt to avoid publishing spam and advertisements.

As a practicing attorney in Northern Kentucky for over 17 years representing both criminal defendants as well as divorce and custody clients, I have seen a rise in the use of the criminal justice system as well as abuse/dependency/neglect filings in connection with divorce and custody disputes.

Unfortunately, it is not uncommon for a person in the middle of a custody battle to also be facing criminal charges. As the stakes rise, so do many people’s desire to win. At the same time, often a person’s sense of right and wrong can be compromised, believing that the ends can justify the means. I have been involved in many cases where allegations of child abuse and/or sexual abuse have arisen in and during the course of a dissolution.

Obviously, the child is the one who is damaged. Whether by a parent who commits abuse or by a parent who puts an idea, thought or convinces a child that they were subject to abuse (if they were not), both are damaging to the emotional and psychological needs of a child. These cases are also very difficult to defend because of the impossibility of proving that something did not occur.

In representing a defendant accused of abusing a child, the case is even more difficult in that the most common advice to a criminal defendant is to remain silent; at least until trial. That said, it is virtually impossible to proceed in a custody action without the parent participating and testifying as a witness. It is precisely because of this that many criminal defense lawyers do not practice domestic relations law and can concern themselves only with protecting the client. It is also precisely why many domestic relations attorneys do not practice criminal law. Additionally, there are occasions that the parent may end up in 3 different courts: family court for divorce/custody; juvenile court for abuse/dependency/neglect charges; and criminal court to answer charges.

As one of the few that practice a great deal in both criminal courts and family law courts, I can help the client assess the risks and benefits of proceeding through the multitude of hearings, consultations, conversations and trials. If you find yourself in the middle of such an unpleasant and difficult predicament, contact an attorney who can help. In Northern Kentucky, call me for a consultation.

Being an attorney in Northern Kentucky for over 17 years many people ask, “How can you represent someone that you know is guilty?” There are many simple answers, but my new favorite is: Everyone is Guilty. Of course, this is a smart-ass cop out with religous undertones, but the great majority of clients have made some poor decisions which have resulted in them needing an attonrey.

Many clients talk and readily admit their guilt or complicity to a crime but they have been overcharged or simply want the best deal that they can get. Recently I represented 3 individuals charged with the same crime (drug trafficking) and with similar criinal history. All 3 had very different offers from the prosecutor if they would plead guilty; ranging from lenghty jail sentences to probation. It seemed unfair and I was able to resolve all three cases with none of the clients getting active jail sentences.*

Obviously there are Innocent clients, but representing all criminal defendants is the best preparation for representing someone who is truly innocent and leading them to a not guilty verdict.

Going hand in hand, another question often asked is, “How can you represent shoplifters, drunks, and DUI clients and also the murderers, drug traffickers, and rapists?” Along those same lines, the more often a criminal defense attorney appears in court, the better he can prepare for the next case. I have represented clients charged with virtually every section of the Kentucky criminal code and the majority of crimes in Ohio and Federal statutes.

Getting to know the players: judges, prosecutors and other criminal defense attorneys, is essential in representing defendants. I generally suggest local counsel for the majority of criminal defense cases. Occasionally the police or prosecutorial involvement make it best to hire an out of town lawyer, but a local counsel can keep a beat on the courthouse rumors and aid in selecting a jury.

Representing clients charged with criminal conduct is not easy. Years of experience combined with the right attitude is essential. This is often the most difficult time in a person’s life when they are faced with criminal defense which can mean loss of liberty, jobs, family and can affect the rest of their life. While a person charged with a felony may be hoping to avoid a lengthy jail sentence, a person charged with shoplifting may see this as loss of employment and public humiliation.

If you have been charged with a crime or are the target of a criminal investigation, you should consult with an attorney as soon as possible. In Northern Kentucky, you can contact me for an initial phone or email consultation at mike@nky-criminal-defense-lawyer.com or call (859)581-6453.

*Results are not guaranteed and these cases may not be indicative of results which may be achieved in any specific case. They are, however, actual cases of selling prescription drugs in Kenton County, Kentucky.

As a practicing attorney in Northern Kentucky and regular user of the internet, I often get calls from people who have been arrested in Campbell, Kenton, Gallatin or Boone Counties but live elsewhere. Websites designed for giving information regarding representation of criminal clients as well as the blogs give clients information that they need to decide how to hire an attorney. Whether traveling through at the CVG airport, coming in for a friend’s wedding, vacationing at the Reds or Bengals game, or moving out after attending college at NKU, UC or Xavier, many clients do not live in the N.Ky. area but are in need of legal representation.

Having practiced for over 17 years in the Northern Kentucky area in the areas of criminal and dui defense, I am quite familiar with the local customs and practices as well as all of the judges and prosecutors in the area. While far from small town and near to Cincinnati, NKy law is a fairly close knit group. There are a total of 7 district judges in Kenton, Campbell, Gallatin and Boone counties, combined. The district judges hear virtually every criminal case at the initial stage and also continue to handle all misdemeanors and driving, dui and traffic offenses.

With a history of representing out-of-town defendants, I can often limit and sometimes eliminate the personal appearances before the various courts. The cost savings alone, not to mention the time and travel, generally justifies the legal expense. Additionally, you will be receiving the same legal representation as those that do personally appear. Legal representation by a local attorney is often helpful in negotiating a resolution, especially when the defendant is absent.

I also have developed communication with out of town clients which assures assistance. Clients can generally hire for legal services even if they have court that same week. Clients can pay with credit or debit cards over the phone and most communication can be handled via email or direct telephone calls. If you need to consult with an attorney or have further questions, you can email at mike@bouldinlawfirm.com or call at 859-581-6453.

The most often asked question of a criminal defense and DUI attorney is “Should I blow if a breathalyzer is requested?” This occurs after a person has been arrested for suspected DUI, DWI or OVI. While some attorneys advise to always refuse a breathalyzer if you have had anything to drink, I do not agree that the answer is that simple.

One problem is that if you refuse to take the breathalyzer, the prosecution can have your license suspended for up to 120 days, regardless of whether you are convicted or acquitted of the underlying DUI. This is an administrative suspension based solely on the refusal of the breathalyzer or other alcohol test. Another consideration is that the refusal can be used against you in a trial of the action as indicia of impairment.

If a driver has actually consumed one or two alcoholic beverages, the breathalyzer may actually benefit him/her in proving that the alcohol concentration was under the legal limit. There are complex formulas to determine what a blood alcohol level may be and they are based on the person’s sex, weight, amount of alcohol consumed and length of time during consumption. The following link is interesting and fairly accurate in predicting what a blood alcohol level may be. Additionally, the food that the person has ingested will affect the blood alcohol level.

The defendant should also be aware that if you blow over a .15, then the case is considered aggravated, which mandates jail time even for a first offense. A refusal is considered an aggravator for second or subsequent offenses, but not for first offense DUI. Therefore, if a driver has consumed large amounts of alcohol and does not have a prior DUI conviction, it is suggested to refuse the breathalyzer.

The police in Kentucky may request either a breath test, blood test or urine test. The breathalyzer is requested most often because of its ease of use, time required to take the test and number of people necessary to have the results entered as evidence in a trial. The police will generally only request a blood test if the driver is suspected of using other drugs or a combination of drugs and alcohol. Defendants should be aware that they have the right to a second test of their choosing once they submit to the test requested by the police officer. I often suggest that if you blow over the limit on a breathalyzer to request a blood test be taken. This is at your expense and is generally done at a local hospital.

If you have been arrested and charged with DUI, you should contact an attorney before next appearing in court. Whether you have submitted to a breathalyzer or refused to consent to a breathalyzer, an attorney can assist you through the legal process. In certain cases, a defendant can be acquitted regardless of the breathalyzer result or the refusal. If you have questions or concerns, contact Michael Bouldin for a consultation at 859-581-6453 (581-MIKE) or email at mike@nky-criminal-defense-lawyer.com .

While I practice in both Ohio and Kentucky, the advice herein is intended for Kentucky. The refusal in Ohio will subject the driver to immediate suspension, and taking, of the drivers license. Also, the legal limit for the high tier aggravator in Ohio is .170, not .150.

An alcoholic once told me that he doesn’t drive on New Years Eve because it is amateur hour. The real drunks drive during the daytime and not when every police officer with a breathalyzer is looking for someone to bust. The police refer to it as shooting fish in a barrel. Fortunately, Northern Kentucky police often are looking to keep the worst offenders off of the roads.

While many police make DUI stops in order to keep their numbers up, New Years seems to be a time when they are trying to assure the worst offenders are off of the roads. That said, some police are still quick to flip the lights and initiate a stop and follow up with an arrest for suspected DUI offense. Many revelers have a drink of champagne or spend the night at the casino

Covington, Newport, Florence Police, Boone and Kenton Sheriff as well as Kentucky State Police (KSP) all are on the lookout for drunk drivers on New Years Eve and New Years Day. Some of the agencies will have roadblocks or DUI checkpoints set up to easily ascertain any obviously intoxicated drivers. Those driving should take the same precautions, and then some, that every responsible driver should take. Know your limits, count your drinks, don’t drive while intoxicated or impaired, designate a safe and sober driver.

Drivers should know that under the current law, if you are pulled over for suspected DUI, you are presumed to have consented to a breathalyzer. If you refuse the breath test, the state can suspend your operators privileges for 120 days, regardless of whether you are convicted or acquitted for a DUI. If you are found guilty of a first offense DUI, you face up to 30 days in jail, $500 fine, court costs, DUI Service fee, alcohol and drug evaluation and treatment and license suspension up to 120 days. Whether you consent or refuse a breathalyzer will have a consequence on the outcome of the case. A refusal can be used as evidence of intoxication, however a breath test may confirm a conviction. Further, if the breath test is over .15, there is a mandatory 4 days of incarceration if convicted.

If you have been arrested for DUI, know your rights before going to court. It is almost never a good idea to simply plea guilty at the first appearance, particularly if you have not spoken to an attorney. Consult an attorney who works in the County of your arrest. If you were arrested in Gallatin, Boone, Kenton, Campbell or Hamilton counties, contact Mike at mike@bouldinlawfirm.com or call 859-581-6453 (581-MIKE) for a consultation.

Expert witnesses are often considered and rarely used in the defense of a DUI. Their effectiveness and cost are the two main factors for a dui defendant to consider. The expert witness will generally cost a minimum of $1,500 and may include an hourly rate, which includes sitting at the court and waiting for the trial.

The expert witness may be used to give various reasons that a breathalyzer may have operated improperly, or may be used for various other considerations. The ability of an expert witness to properly identify what a blood alcohol concentration (BAC) should have been is also a useful tool. The effectiveness is based on the other witnesses in testifying the actual amount of alcohol consumed by the defendant.

Often times the expert witness is cost prohibitive. If financial constraints are at issue, most DUI defendants would be much better suited spending their money on a quality criminal defense attorney who can effectively argue their case.

In truth, I have handled hundreds of DUI defense cases and have only utilized an expert in a handful of those cases. The effectiveness is very fact dependent and also should be weighed with the intended audience. Generally, an expert will do more to persuade a jury than if the case is tried to the judge for a bench trial. That said, an expert may give credence to a novel argument which may be won at the Court of Appeals level.

If you have been arrested for DUI and are considering an expert witness, consult with an attorney first. If you need to consult an attorney in N.Ky. or Cincinnati, call Michael Bouldin for a free phone consultation at 859-581-6453, 581-MIKE or email at mwbouldin@fuse.net.