N.KY CRIMINAL DEFENSE LAWYER

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Boone County

What Happens after An Arrest in Boone County?

My first words of wisdom: a defendant should immediately exercise their right to remain silent as soon as they are arrested or detained. If you are arrested in Florence, Burlington, Union, Walton, Hebron, the Greater Cincinnati Airport or anywhere else in Boone County you are typically taken to the Boone County Detention Center in Burlington, Kentucky.

The judge will talk to pretrial and set a bond. A defendant should talk to pretrial services which will verify your name, age, address and work information. This information, together with criminal history and the charges will be considered by the Judge in setting the bond.

While the legal advice is generally to exercise your right to remain silent, giving the Court your personal information is in your best interest to having the lowest bond. Pretrial will not ask you information about your case.

If you are able to arrange bail through your family or an attorney, the jail will give you a notice of when to next appear in court. If you are not able to post bond, you will appear in court via video arraignment on the next business day at the District Court located at 6025 Rogers Lane, Burlington, Kentucky.  The District Judges in Boone County are Jeff Smith and Charles Moore, but often a visiting judge may hear your case at arraignment.

This is generally in Courtroom 1A but may be in Courtroom 2A or 2B. This initial appearance is called the Arraignment and is an opportunity to plead guilty or not guilty. If you are charged with a felony, the court will enter an “not guilty” plea at this time and set the case for a preliminary hearing.

If you are charged with a misdemeanor, you may either plead “guilty” and the court will immediately impose sentence or you may plead “not guilty” and the matter will be set for a pretrial conference or a trial.

You should attempt to obtain legal counsel as soon in this process as possible. If you do not engage an attorney prior to the Arraignment, it is wise to plead “not guilty” and seek the advice of counsel prior to taking the next step.

An attorney can explain your rights and your options. A defendant may choose to plead guilty at a later time. An attorney can determine the likelihood of begin found not guilty, can discuss the potential defenses to the charges, and negotiate the best deal possible.

If you, or a family member, have been arrested in Burlington, Union, Florence or elsewhere in Boone County, Kentucky, call Florence Criminal Lawyer Mike Bouldin immediately for assistance at 859-581-6453.

16 thoughts on “Boone County”

  • Arthur Reid says:

    A.I. In a public place 1st and Resisting arrest. Note: while not an excuses the night in question was after the UK win over Louisville. Please let me know if there is any thing you might be able to help with.

  • mbouldin says:

    It’s hard to believe that a UK win over Louisville would not be an affirmative defense to AI. This is still the United State of The Commonwealth of Kentucky. Obviously the arresting officer is a Louisville fan and has an ax to grind. Seriously, I can be of assistance and will contact you directly. Thanks for the question.

  • Kmatt says:

    My fiance was arrested for 2 warrants from other police agencies; I believe they were only minor traffic violations. His bond was $1,050 but then it changed to $1,000 a few minutes later. They said the full amount must be paid to get him out or will have to wait until after the holiday to go before a judge. I’ve never had this happen before but I thought you only had to pay 10% of the bond to get released…did I just get the wrong info? Also, I just found out Kentucky does not allow bailbondsmen, like most states so the options are vanishing quickly. Please let me know if you are familiar with any of this. Thanks.

  • mbouldin says:

    I am familiar and it is correct. The judge may lower the bond after he is arraigned in court. The problem is when there is a warrant (especially 2), then the issuing court sets the bond and the county of arrest doesn’t have authority to modify the bond. Many states have 10%, Kentucky may or may not allow a percentage of bond. Also, many counties have differing rules… for example, if you post 10% in Campbell county, you will also have to post property for the remaining 90%. The real option is to (1) post $1000; or (2) waive extradition and have him transferred to the county where the warrants are issued.

  • Rob says:

    Was arrested on 2/23 for a “cold check” from October 2012. Arresting officer had no info on the person/business to whom I wrote the check. They are calling it misdemeanor “theft by deception”. This was an obvious oversight on my part (wife was in the hospital for 38 days in Oct/Nov) and I must have missed it. I want to get this taken care of but do not want a “Theft by Deception” on my record. The amount of the check was $281.

    Also, I am to appear in Kenton County courtroom 1A. Where is that? I have never been arrested and have zero criminal history (age 42).

    Thank you

  • mbouldin says:

    Room 1A is at the Courthouse, 230 Madison Ave., Covington on the first floor. They may offer to you to enter into the check diversion program. Once you agree you pay the check, plus a $50 (or so) fee and then they dismiss the case against you. An attorney MAY be necessary, but I don’t know. After the case is dismissed, you can have the charges expunged after 60 days. My fee for this type of case is fairly nominal, feel free to call office for rates at 859-581-6453. -Mike

  • dana says:

    Keeping someone in jail on a 10,000 dollar bond for possession of heroin because they cant afford a lawyer is a pretty crappy thing for a judge to do. You got to figure that the person only got on heroin in the first place because medical cards don’t pay doctors the full amount and the DEA chases peoples doctors off and prohibition = BIG BUCKS$$$$$$$$$ I hope a judge reads this! Think hard about that “your honor!” while really good people suffer in your jail. And really bad people get a lawyer. No better yet, I hope the “public pretenders” read this. God help ya if u only knew the hell your neglected clients go through.

  • Michael Bouldin says:

    Dana, I understand your concern. Heroin is a damaging drug that kills people. Personally, I had 2 clients that died after being released in the past year. Many judges and prosecutors don’t release users because they are afraid that upon release they will re-use and end up dead. They figure at least if they stay in jail they will dry out until a rehab bed becomes available. I agree that jail is a bad place to dry out, but there is no really good place to go through that hell. I pray for those clients that are in jail as well as those released on bond.

  • Dawn says:

    My daughter and her biyfriend were arrested for possession of heroin and a needle. It was on his side of the car in the door and he told them it was his not hers and she agreed. After being in jail for one week they went to court Thursday August 4th. The court appointed attorney said she could not represent both of them because of conflict of interest. So apparently she chose him and he is being released on a signature Bond after being arrested for the same charges several times before. But my daughter has never been in trouble for this before but she is still on a $10,000 cash Bond and has to sit in jail another week waiting to go back to court on August 11th. I cannot understand why he is out and she isn’t! Can you please explain this to me???

  • Michael Bouldin says:

    I apologize for delay in my response. If she is entitled to a public advocate (public defender), then the court has to appoint another attorney as “conflict counsel.” Because they are both charged with the same crime, one could testify against the other and be offered a better deal or immunity. Typically, the bond is high on heroin cases so that the defendant can detox in jail and not return to use and possibly overdose. If she hires an attorney, it is likely that her bond can be lowered or she may be released on 10%. Call my office at 859-581-6453 if you wish to have an individual consultation.

  • Sheena Martin says:

    My bf was charged with 2ND degree assault and unauthorized used of a motor vehicle. He has been in jail for around 50 days now. He found tumors and is waiting on an ultrasound. The medical staff is horrible and took his bipolar medication because he dropped a pill one morning and they said its considered an attempt to hoard (it’s celexa BTW) so I was wondering if you Know what he is facing. Bond is $2,250.

  • Michael Bouldin says:

    2nd degree assault is a class C felony, punishable by 5-10 years in prison. Unauthorized use of motor vehicle is class D felony or misdemeanor, so lesser charge in any case. If you have any ability to post bond and bail him out, I would suggest doing so. That would allow him to get medicated and proper treatment. You could use the bond money to potentially hire a private and experienced criminal defense attorney.

  • Lacey says:

    My husband was arrested yesterday after a court hearing. Cops followed him out to his car and searched the car. Found a needle and charged him with possession of opiates, drug paraphernalia and public intox. I’m confused how they would charge him with this when he did not consent them to search the car and he wasn’t tested for any drugs so how can this stick? Also would like to know how much you would charge to handle a case like this? He has prior convictions and a couple pending court cases.

  • Michael Bouldin says:

    There are many issues relating to whether or not evidence may be suppressed. Consent is one reason that police can search, others include: warrant, probable cause and search incident to arrest. Possession of Controlled Substance (opiates) is a Felony charge in Kentucky. Please call my office for consultation. I can be reached at 859-581-6453.

  • Curious says:

    I was arrested for AI recently at the CVG airport. They held me in jail for about 5-6 hours. They released me and I need to appear for my court date. My issue is that I was suspended for a year for OVIs. I was sober for a year and decided to have a few glasses of wine as I was excited for my flight to Las Vegas for a business conference. I am professional, have a great job and was very cooperative with the arresting officer. I was wondering what type of consequences I will face due to my history – I’ve never been arrested on drug charges, theft, etc. could you shed some light?

  • Michael Bouldin says:

    I’ve represented dozens of clients from out of town and can often continue representation throughout the process and either eliminate or limit the necessity of returning to Boone County, Kentucky for court appearances. If it is a misdemeanor charge, such as PI or AI, seldom does a client need to return to court. More serious felony cases (drug charges, assault, theft) may require a court appearance, but that can be minimized. Moreover, having an experienced local attorney to guide you through the process is essential to a successful defense and acceptable outcome. Call the office at 859-581-6453 or email for more information, consultation and representation.

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