What Is The Difference Between Felony and Misdemeanor Theft?

March 14, 2012

In Kentucky the difference between felony theft and misdemeanor theft is whether the value of the items stolen is over or under $500. This amount was changed from $300 on June 25, 2009. If the amount is under $500, then the charge is as a misdemeanor. If the amount is over $500, then the charge [...]

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Can I Get a DUI the Next Morning?

March 10, 2012

Yes. Although not as frequent in numbers, it is not uncommon for a DUI arrest the morning after a hard night of drinking. The laws in Kentucky and Ohio are the same, the blood alcohol level over .08 is sufficient to convict for DUI (OVI in Ohio). It does not matter if the .08 is [...]

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Is Marijuana a Victimless Crime?

March 5, 2012

Marijuana is fast becoming more prevalent throughout high schools in Northern Kentucky. Many users, some dealers and most juveniles consider it to be a victimless crime. This is a favorite argument among many users for most drug possession offenses, not limited to marijuana. “The only one being hurt is the person using.” Additionally, marijuana users [...]

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Can Police Intercept My UPS Package?

February 28, 2012

Nearly every package, even those sent overnight, which are mailed via UPS, DHL, FedEx, or Post Office is sent through a central processing area. These areas may be located in Louisville, KY, Charlotte, NC, Nashville, TN, or other locations throughout the United States. This area is for sorting and shipping, but it is often also [...]

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Can Police Search My Smartphone?

February 28, 2012

Police in various areas of Norther Kentucky and Cincinnati have begun checking the phones of automobile and truck drivers. KRS 189.292 is a current law that makes it illegal to text, email or use the internet while driving. New proposed regulations would have car manufacturers imbed devices in new vehicles that would not allow the [...]

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Should I Admit My Role In Criminal Activity?

February 20, 2012

The general answer is No and I will often counsel clients to not make any statements to police without first discussing with an attorney. Police and other investigators throughout Kentucky and Ohio regularly use persuasion to attempt to convince criminal defendants to make statements regarding the alleged criminal activity. Unfortunately, there are two problems: (1) [...]

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What’s Wrong With Bringing Drugs to Your Prostitute?

February 12, 2012

Northern Kentucky is again in the news with the allegations that Clermont County Commissioner Archie Wilson coming to Covington to seek prostitutes. Generally, the solicitation of prostitution is a relatively minor offense. There are two problems here: (1) he allegedly brought drugs; and (2) he is a public official. Public officials often run on the [...]

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How Do I Pick a DUI Lawyer?

February 6, 2012

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 [...]

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Is Arrest Mandatory for Possession of Marijuana?

February 3, 2012

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 [...]

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What if I Refuse the Breathlyzer?

January 18, 2012

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 [...]

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