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Not Guilty

Posted on July 3, 2017 in DUI

As Jay Z says, Y’all got to feel me!!

While I wasn’t particularly thrilled with a late afternoon trial to end this July 3 before the holiday break, I could not be happier with the result of a not guilty DUI verdict in Campbell Countu District Court.

I will soon get a testimonial from said client, his thanks was a great way to head into the holiday.

Clients are sometimes afraid of a bench or jury trial, especially if they’re ate a also other charges pending. In this case, the client was also acquitted of resisting arrest (although convicted of the lesser disorderly conduct charge)

If you have a good case, don’t be afraid of a trial. For consultation on northern Kentucky, call Michael Bouldin at 859-581-MIKE (581-6453) or email Mike@Bouldin LawFirm.com.

 

 

Sex Offender Registration & FaceBook

Posted on June 28, 2017 in Uncategorized

The United States Supreme Court struck down a North Carolina law that criminalizes use of social media by registered sex offenders in Packingham v. North Carolina on June 19, 2017.  A link to that Supreme Court decision is attached. This was a unanimous U.S. Supreme Court ruling, essentially stating that even a registered sex offender has first amendment rights regarding freedom of speech. 

Kentucky, like many states, restricts convicted sex offenders from using social media.  This is expanded after the parole or probation period ends and is included with sex-offender registration which can include a 10 year, 20 year, or lifetime registration requirement.

Kentucky law also criminalizes registrants from “knowingly or intentionally use a social networking Web site or an instant messaging or chat room program if that Web site or program allows a person who is less than eighteen (18) years of age to access or use the Web site or program.” Of course, this includes Instagram, Twitter, FaceBook, SnapChat and many other social media websites.

The supreme Court stated: A fundamental First Amendment principle is that all persons have access to places where they can speak and listen, and then, after reflection,s peak and listen once more.  Today, one of the most important places to exchange views is cyberspace, particularly social media, which offers “relatively unlimited, lo-cost capacity for communication of all kinds.

It is unclear whether this change will also apply to persons who are on probation or parole, where the use of certain media may be limited as a condition of probation/parole.  There are other crimes in Kentucky regarding registration which may be impacted, but not directly addressed by this Court ruling. Those include registration of your email addresses, FaceBook and other social media accounts. Best legal advice is to report all accounts until/unless the law changes. Time and case law will ferret out whether failure to report your account remains a criminal act.

If you have questions or concerns, contact a criminal defense attorney. For consultation in Kentucky, call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com

Felony Drug Possession

Posted on June 8, 2017 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

In Kentucky, possession of narcotics is almost always a felony charge.  Most people arrested are charged with PCS, Possession of Controlled Substance, first offense.  This is codified as KRS 218A.1415. If you have been charged, you shoudl hire an attorney.  For consultation, call 581-MIKE; 859-581-6453.

Under PCS statute in Kentucky states:

  • (1) A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses:
    • (a) A controlled substance that is classified in Schedules I or II and is a narcotic drug;
    • (b) A controlled substance analogue;
    • (c) Methamphetamine;
    • (d) Lysergic acid diethylamide;
    • (e) Phencyclidine;
    • (f) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or
    • (g) Flunitrazepam, including its salts, isomers, and salts of isomers.
  • (2) Possession of a controlled substance in the first degree is a Class D felony subject to the following provisions:
    • (a) The maximum term of incarceration shall be no greater than three (3) years, notwithstanding KRS Chapter 532;
    • (b) For a person’s first or second offense under this section, he or she may be subject to a period of: 1. Deferred prosecution pursuant to KRS 218A.14151; or 2. Presumptive probation;
    • (c) Deferred prosecution under paragraph (b) of this subsection shall be the preferred alternative for a first offense; and
    • (d) If a person does not enter a deferred prosecution program for his or her first or second offense, he or she shall be subject to a period of presumptive probation, unless a court determines the defendant is not eligible for presumptive probation as defined in KRS 218A.010.

If you have been charged with or arrested for Possession of a Controlled Substance, you are facing serious felony charges and need an experienced attorney.  For consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

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Felony Criminal Defense in Northern Kentucky

Posted on April 11, 2017 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY

If you are charged with a felony crime, you are wise to hire an attorney to represent you throughout the process.  As a practicing attorney for 22 years in Northern Kentucky, the best advise is to “lawyer up” as soon as possible. ANY statement to the police or other investigating agency can and will be used against you.  The best meaning desire to be compliant with the officer will often lead to either an actual or allegation of a confession.

If you have been charged or are the subject of investigation, schedule an appointment to meet with an experienced criminal defense attorney. As an attorney in Kenton, Campbell and Boone practicing criminal defense for well over 20 years, I have represented clients charged with almost every criminal classification in the Kentucky statutes.  This includes the entire Kentucky penal code, driving and DUI laws, as well as all drug statutes.

Whether you are wanted for questioning, have been cited, charged or are under indictment, you should know your rights prior to any proceeding.  How you proceed depends greatly on your ability to determine your situation and the possible outcomes.  If you have the right to remain silent, it is often in your best interest to do so.  If you have a plea date, that could mean that your attorney has scheduled you for a plea or it could the the last date the Judge will entertain a negotiated plea, after which you should be prepared for trial.  Whether or not you accept ANY plea or choose to take  your case to trial should be your decision, after you have the facts and knowledge and advice of competent legal counsel.

For representation in Cincinnati and Northern Kentucky, call Michael Bouldin at 581-MIKE, 859-581-6453 or email mike@bouldinlawfirm.com.

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What If I Don’t Qualify to Expunge a DVO?

Posted on March 30, 2017 in General Criminal Law Issues - Northern KY

I recently posted the standards for expunging an EPO/DVO.  See LINK.

If you do not qualify, you shouild write a letter to your state

Write your state representative.  I have done so and have encouraged clients, readers and potential clients to do the same through this website.  Let me again try to incite action!

There is a House of Representative and State Congressman in your district.  Look it up online in Kentucky by following this LINK.  Tell him/her how the laws on protective orders are unfair and negatively impact your life.  You can have a EPO or DVO against you even if you never did anything. The large majority of EPOs and DVOs never relate to any charges or criminal convictions.  Point out that the Defendant/Respondent loses valuable constitutional rights:  the hearings are held without the right to an attorney, without discovery, without the right to a jury trial and the burden of proof is not beyond a reasonable doubt.

Additionally, the judges often opt in favor of protection instead of actually listening to the evidence and seeing what is provided.  A mere allegation of a threat or fear, regardless of whether the fear is rational, is sufficient to many judges in Kentucky.   Since they are elected, Judges often make decisions based on “what ifs” in case there is ever a problem how will it look to potential voters in the next election.

There have been recent changes to allow for expungements of EPOs, but it remains incomplete. 

The expungement provision relates only to an EPO under KRS 403.745:  (a) If a petition under KRS 403.715 to 403.785 did not result in the issuance of a domestic violence order, the court in which the petition was heard may for good cause shown order the expungement of the records of the case if: 1. Six (6) months have elapsed since the case was dismissed; and 2. During the six (6) months preceding the expungement request, the respondent has not been bound by an order of protection issued for the protection of any person, including an order of protection as defined in KRS 456.010. (b) As used in this subsection, “expungement” has the same meaning as in KRS 431.079.

Effective: January 1, 2016

If you have questions or concerns and need legal assistance, contact Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

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Can I Expunge an EPO or DVO?

Posted on March 14, 2017 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

QUESTION:

Hello, I recently seen your website when searching Google for answers about a DVO. So 4 years ago my wife and I had got into and argument where I had told her I was going to take my children etc. Well she had got a EPO against me claiming a bunch of stuff that was definitely false so that she could get temporary primary care of the kids, well this was brought before a judge with no evidence of the things that she had said on the paper. The judge for some reason still ruled in her favor and turned it into a 1 year DVO she later went back after about 3 months and tried dismissing the DVO which the judge said that he feels nothing was learned in this and there is a lesson to be learned so he kept it on there till it was lifted after the year. My wife and I have gotten back together after the year of the DVO and I’m unable to pursue my choice of career which is being a police officer. So my question is there anyway I can go before a judge or do anything for that matter to get this taken off me for good so I can live my life and provide for my family and the public. I live in Kentucky and I just want to talk to someone that knows more about this situation. Are these forever permanent and will I never be able to be a “trusted” guy in some eyes?

LAW:  There has recently been a change to allow for expungements AT ALL.

The expungement provision relates only to an EPO under KRS 403.745:  (a) If a petition under KRS 403.715 to 403.785 did not result in the issuance of a domestic violence order, the court in which the petition was heard may for good cause shown order the expungement of the records of the case if: 1. Six (6) months have elapsed since the case was dismissed; and 2. During the six (6) months preceding the expungement request, the respondent has not been bound by an order of protection issued for the protection of any person, including an order of protection as defined in KRS 456.010. (b) As used in this subsection, “expungement” has the same meaning as in KRS 431.079.
Effective: January 1, 2016

ANSWER:  Since your case DID result in the issuance of a DVO, there is no provision for sealing or expungement of the record.  Send letters and lobby your legislators to pass laws that would allow for expungement of these things.  Often these are filed to gain an advantage in a custody case and without any real proof or evidence.  The DVO can be granted because the judge simply wants to make sure everyone is safe. Many judges believe that because it is “only a civil case” that it has no effect.  Obviously, it DOES affect a persons rights as well as their perception by potential employers  Your case is exactly why it is needed.

If you have questions about expungment, EPO or DVO, call attorney Michael Bouldin at 581-MIKE (859-581-6453) and schedule an appointment or email at mwbouldin2@gmail.com.

 

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Drug Trafficking Arrest

Posted on February 19, 2017 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY

Hire an experienced and competent criminal defense attorney following your arrest.

If you have been arrested for trafficking, selling or planning to sell, drugs you need to hire an experienced criminal defense attorney.  Drugs may include marijuana, cocaine, heroin or prescription medication and sale can be anything from one pill to kilos of cocaine.

If you are charged with trafficking, it will almost undoubtedly be a felony charge.  The defendant will first appear in district court (municipal/room A in Ohio) for arraignment.  Soon thereafter a preliminary hearing will be scheduled.  this is a probable cause hearing and the court will almost always find that probable cause does exist and refer the case to the Grand Jury.  In Kentucky, this is within 10 days if incarcerated or 20 days if out of jail.  The time may be waived if the attorney wants more time to investigate prior to the hearing.

Following the preliminary hearing, the case is heard by the Grand Jury.  the defendant does not appear or present evidence at this hearing which is conducted by the prosecutor.  The Grand Jury in Kentucky generally returns an indictment within 60 days.  This occurs within 2 weeks in Hamilton County.  Ask your attorney if you have questions about time limits and meanings.

After being indicted, the defendant will appear in the Circuit Court (Common Pleas in Ohio) for an arraignment on the indictment.  Following arraignment, discovery begins and the lawyer can find what evidence the state has against the defendant and start discussing the chances at trial.

Often plea negotiations begin following discovery as well.  The attorney can seek a n umber of alternatives and, like all cases, the negotiations improve if the prosecution case is weak.  Talk to your counsel about the case and what are good resolutions.

Being able to navigate though the first court system, as well as federal versus state courts, is essential.  Talking about bail and what motions are appropriate is important to the client and how the judge perceives the defendant.  For a consultation and representation, call Michael Bouldin at Bouldin Law Firm at 859-581-6453 or email mike@bouldinlawfirm.com.

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Need Help for Arrest?

Posted on February 15, 2017 in General Criminal Law Issues - Northern KY

HELP, I GOT ARRESTED.  These are often the first words out of the mouth of a person facing their first criminal charge.  WHAT DO I DO NOW?  This may be for a DUI, drunk and disorderly, intoxication, or other charges that are probably out of character for the defendant.  This can be a benefit to the defense and help with negotiating a favorable resolution.

If you made a mistake, do not compound it by making a second mistake of trying to handle it yourself.  Most cases will get a much better resolution with the aid of an attorney.  An attorney can walk you through the steps and tell you what to expect.  The attorney also has direct access to the prosecutor and can discuss your case in private and often outside of the courtroom.  Most often, prosecutors will not do this with unrepresented defendants.

The attorney also knows what should be expected from your case based on similar and past experiences.  For example, if this is your first misdemeanor and it is non-violent and fits certain parameters, the attorney may be able to get you into a diversion program.  A diversion program generally allows the defendant to have the case ultimately dismissed and expunged from their criminal record.  There may also be other programs or options available for resolution.

Diversion programs vary by state and the program differs significantly whether the charges are a misdemeanor or a felony.  Your attorney can discuss what will be expected as well as the costs and time considerations for the program.

If you have been charged, hire a lawyer who is experienced in criminal defense and/or DUI defense.  For more information on your charge, visit by website @ link.  For consultation or representation in Northern Kentucky, call Bouldin Law Firm and schedule an appointment with Michael Bouldin.  Call 859-581-6453 or email mike@bouldinlawfirm.com.

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What is DUI Aggravator?

Posted on January 24, 2017 in DUI General Criminal Law Issues - Northern KY

Kentucky DUI law, as stated in KRS 189A.010, outlines certain criteria (referred to as aggravators) that increase the mandatory penalties for a DUI conviction.

Those criteria are identified as aggravators.  The follow are those criteria or “aggravating circumstances” that increase the jail sentence if convicted:

  1. Refusal of request for testing breath, blood or urine;
  2. Having a blood alcohol level over .15;
  3. Having an accident with death or serious physical injury;
  4. Going the wrong way on a limited access highway;
  5. Driving over 30 miles per hour above the speed limit; or
  6. Having a child under the age of 12 in the vehicle.

There are six (6) criteria that mandate the increased penalties.  (see KRS 189A.010(11))  Those penalties only affect the jail sentence associated with the DUI.  For a first offense, the minimum jail sentence is 0 days but with an aggravator, there is a minimum 4 day sentence. Second offense within 10 years carries a minimum jail sentence of 7 days and 14 if aggravated.  Third offense within 10 years has minimum 30 days incarceration and that doubles to 60 days if an aggravating circumstance exists. Fourth offense within 10 years is a felony, but 120 days in jail is the minimum which doubles if aggravated.

If you have been charged with a DUI, you should hire an experienced criminal defense attorney.  For consultation in Boone, Campbell or Kenton county, call the Bouldin Law Firm at 859-581-6456.  Contact Mike Bouldin at 581-MIKE or email at mwbouldin2@gmail.com.

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Lawyer for DUI Trial

Posted on January 24, 2017 in DUI

If you are looking for a lawyer with DUI trial experience in Northern Kentucky, there are a few good men to report.

Having been a trial attorney for over 20 years in Northern Kentucky, I often have the opportunity to see others at work.  Kentukcy law prohibits the term “best attorney” so here is my list of top attorneys in the area. Northern Kentucky counties of Boone, Campbell and Kenton are fortunate to have a number of experienced and very good attorneys who practice DUI defense.

For my dollar the top DUI attorneys include those retired: W. Robert Lotz, Dick Slukich, and Burr Travis; the elder statesmen Wil Zevely, Harry Hellings, Ed Drennen and Jon Alig; my contemporaries include Tim Schneider, Chris Jackson and Paul Dickman; and the younger group includes Ryan Beck. There are also a few Cincinnati attorneys that occasionally cross the river from Cincinnati and do a decent job, including: Steve Adams, Joe Suhre and Kelly Farrish (*Kelly’s not licensed in Kentucky).

A good attorney can advise when you should plead, when you should file a motion, when you should proceed to trial and whether that trial should be with a judge or a jury.

If you have questions and are looking for a DUI defense attorney with significant trial experience, call the Bouldin Law Firm and discuss your case with Michael Bouldin.  For consultation, email at mike@bouldinlawfirm.com or call 859-581-6453.

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