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Kentucky Supreme Court Upholds 10 Year Look-back on DUI

Posted on October 3, 2017 in DUI

In June, 2016 the Kentucky legislature changed the DUI look-back period from 5 to 10 years.  The look-back period is the time that a Defendant will have the charge remaining on his record and is subject to greater and enhanced penalties for a second or subsequent offense.   This was challenged by a large number of defendants, primarily because they had been told after a finding of guilt that it would result in a 2nd DUI if they got another one within the next 5 years.  Additionally, the plea agreements were for anyone pleading guilty, specifically advised the defendant that a 2nd offense within 5 years would result in greater penalties.

Not surprising, the trial courts were greatly divided on how to handle a second offense if the first was more than 5 but less than 10 years prior.  The appeals courts were similarly divided.  Somewhat surprising, the Kentucky Supreme Court was unanimous in their holding that the 10- year look-back is constitutional and not a violation of the rights of the Defendant.

As you may imagine, there are many criminal defendants that are not happy about the ruling and subject to greater penalties, including higher fines, longer suspension of license and mandatory jail time.  This new 10 year look back period increases the need for criminal representation and exploring possible defenses to DUI charges; whether first, second or multiple offense.

If you have questions or need a consultation, contact Michael Bouldin for DUI defense in Northern Kentucky Michael Bouldin has been handling DUI cases for over 23 years.  Call Mike at 859-581-6453 (581-MIKE) or email mike@bouldinlawfirm.com.

Right to Kneel OR Stand During National Anthem

Posted on September 25, 2017 in General Criminal Law Issues - Northern KY

As a criminal defense attorney I defend the rights given to individuals under the Constitution and Bill of Rights on a daily basis.  I am not a real political man, but agree with Cincinnati Bengal, Tyler Eifert, who recently wrote an essay posted in “Medium” which reads:

Why I Stand

“I don’t want there to be questions of why I am standing or if I will kneel.”

I know it would probably be best to stay out of it, but when you believe in something as much as I do it gets to a point where you want both sides to be heard.

I am not questioning anyone’s reasons or rights to protest, but instead the method. This entire protest about raising awareness for racial inequality has gotten lost in the media and turned into a debate about whether to sit or stand for the national anthem. I want to take this time to remind everyone why I stand.
I stand because I love my country.

I stand because I want to honor the people putting their lives on the line for me on a daily basis in the Army, Navy, Marine Corps, Air Force, and Coast Guard.

I stand because my cousin is a pilot in the United States Air Force, risking his life flying F-15s in active war zones. He takes pride in his job protecting Americans, a sacrifice that all members of every branch of the United States military willfully take.

My cleats for our home opener on September 10th, 2017 against the Baltimore Ravens.

For the first game this weekend against the Baltimore Ravens, I am writing Pat Tillman’s name on my cleats. And each game thereafter, I am going to write another person’s name from the United States military, whether active, retired, killed or missing in action, or a prisoner of war. These people are why I am standing because they gave me and everyone else the chance to have freedom and earn a living playing a sport I love.

When you look at what is happening all over the world today, as a fellow professional football player, I am in awe of Pat Tillman’s courage. In 2002, he walked away from millions of dollars and a “dream” most people couldn’t imagine achieving to do one thing, fight for his country. Pat wasn’t fighting for himself, he wasn’t fighting for one group vs. another; he was fighting for Americans.

Fast-forward 15 years, it’s sad to see where we are today. Divided. In this world of turmoil, I still believe in one thing strongly and that’s the flag and everything our country was built on.

As I stand for the national anthem, I don’t want there to be questions of why I am standing or if I will kneel. I want there to be a clear understanding of why I stand. I want there to be a clear understanding of why I respect our flag and why I love our country.

Fast-forward another 15 years and hopefully we will all be able to look back at these years unified with pride to be Americans.

To make an impact and help with the people I respect, I am moving forward supporting the K9s For Warriors charity. Something that many people in our country overlook are the negative affects war has on the individuals putting their lives on the line for our freedom.

Posttraumatic stress disorder (PTSD) is a serious issue and something that sadly results in suicide from many military veterans when not treated correctly. Meeting and talking with the leaders from K9s For Warriors, they worry that doctors are masking the issues of PTSD by just giving these individuals pills to mask their traumatic experiences. One thing they are finding that helps more than anything is highly trained service dogs.

In supporting this charity, I want to raise awareness for the real issues affecting military veterans who suffer from PTSD while also raising money to train more dogs to improve the lives of military veterans.

I respect my fellow players right to kneel during the national anthem but I hope everyone now knows why I stand, and respects that as well.

Sincerely,
Tyler Eifert
Tight End, Cincinnati Bengals

I was recently reminded of the quote, “I disapprove of what you say, but I will defend to the death your right to say it.” I’m a lawyer and I believe in the right of free speech and the right to peacefully protest. I also hope that those protesting are aware of what they are protesting and its impact on society.  Are they raising awareness for their cause or only causing more divisiveness? As a lawyer trained in seeing both sides of disputes, I don’t agree with kneeling during the National Anthem, but I do defend their right to do so.

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.

 

 

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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

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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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