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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.

Can I Have Legal Marijuana in Kentucky?

Posted on September 6, 2016 in General Criminal Law Issues - Northern KY

Kentucky law still considers marijuana to be illegal.  It is not available for prescription in Kentucky, therefore it is considered to have no health care benefit and is still illegal.

The case has not been taken up on appeal when an individual has a valid prescription for marijuana from another state and is in possession of marijuana pursuant to said prescription. It is important to note that Kentucky law does not provide an exception for possession by having a prescription.  Therefore, this is a question without a definitive answer at this point.  The safest and only sure bet, is to not possess marijuana in Kentucky.  If you have a prescription and believe that it is necessary to possess it in Kentucky, you should keep a copy of your prescription and keep the medication (marijuana) in it’s proper container. Note: It is also illegal to possess any prescription or controlled substance in anything other than it’s original container.

It is more definitive that you are not allowed to purchase marijuana in another state and bring it to Kentucky.  For example, Colorado has a law which allows small amounts of marijuana without a prescription. If you purchase marijuana in Colorado, you are still not allowed to transport it to or possess it in the Commonwealth of Kentucky.  IT IS ILLEGAL TO POSSESS MARIJUANA in KENTUCKY, regardless of where purchased.

If you have been charged with any crime in Kentucky you should employ the services of an experienced criminal defense attorney.  For consultation in Northern Kentucky, call Bouldin Law Firm and discuss with Michael Bouldin.  You may schedule an appointment by calling Emily, Michael’s paralegal.  Call 859-581-6453 (581-MIKE) or email at mwbouldin2@gmail.com.

What Is Accident v. Wanton Conduct?

Posted on August 16, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

Representing two clients in the past week dealing with alleged wanton conduct, I find myself again doing research on how actions are determined to be accidental, negligent, wanton or intentional.  Having to explain this to foreign clients is even more difficult as they often use only one word to describe the conduct.  Following are criminal definitions of each word from Kentucky Statutes:

501.020 Definition of mental states. The following definitions apply in the Kentucky Penal Code:
(1) “Intentionally” — A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause that result or to engage in that conduct.
(2) “Knowingly” — A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of that nature or that the circumstance exists.
(3) “Wantonly” — A person acts wantonly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts wantonly with respect thereto.
(4) “Recklessly” — A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

Kentucky also utilizes the following definitions:

501.010 Definitions. The following definitions apply in this chapter:
(1) “Culpable mental state” means “intentionally” or “knowingly” or “wantonly” or “recklessly,” as these terms are defined in KRS 501.020.
(2) “Intoxication” means a disturbance of mental or physical capacities resulting from the introduction of substances into the body.
(3) “Voluntary act” means a bodily movement performed consciously as a result of effort or determination and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it.
(4) “Voluntary intoxication” means intoxication caused by substances which the defendant knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such duress as would afford a defense to a charge of crime.

If you have been charged with any crime you should consult with an attorney. Wanton conduct in criminal courts typically results in a felony charge. For representation in Kentucky, call Bouldin Law Firm and speak with Michael Bouldin.  Email at mwbouldin2@gmail.com or call 859-581-6453 (581-MIKE).

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Where is Law Office?

Posted on July 29, 2016 in Uncategorized

If you are looking for the Bouldin Law Firm, you’ve found it.  Having practiced DUI and criminal defense law in Kentucky for the past 21+ years, I’ve found it helps to be close to the action.  My office is two blocks from the Kenton County Justice Center, which is located at 230 Madison Avenue in Covington.  I am a short 5 minute drive from the Campbell County Justice Center and less than 10 minutes from Hamilton County courts.

Boone County is only a few minutes away and the courthouse in Burlington is a 25 minute drive (depending on 71/75 traffic).  Having lived in Boone Count for 20 years, often court is on the first stop of the day and prior to checking emails at the office.

My office is located at 120 West Fifth Street, Covington, Kentucky 41011.  It is actually on the corner of 5th and Russell streets and clients often park in the lot adjacent owned by DEPs liquor store.  If you are coming for a meeting, you may also park in that lot.  Do not park there if not at a meeting, especially on Friday nights or during an event in Covington – DEP’s owns the lot and may tow your vehicle.

If you need representation or wish to discuss your case and want to schedule a consultation, call the office at 859-581-6453.  Email to Mike@bouldinlawfirm.com or schedule through Emily at Emily@bouldinlawfirm.com.  Call 581-MIKE.

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DUI 3rd in Kentucky

Posted on July 20, 2016 in DUI

If you are charged with and facing a 3rd offense DUI in Kentucky, you need an experienced criminal defense attorney on your side.  The charge of third offense can be for any two prior DUI or OVI convictions within the past 10 years. This can be within or outside of the state of Kentucky.  By statute (yet to be determined if constitutional by courts), it may also include plea agreements which stated at the time that it could be held against you for five additional years.

Remember, even if your second (2nd) offense was pled down to a first offense, the next one is still a 3rd offense.  Simple math, 1 + 1 + 1 = 3.  Same holds true for a charge of DUI 4th, which is a felony in Kentucky.

With the changes in the law extending the lookback period from 5 to now 10 years, there is more a need than ever to have an experienced criminal defense lawyer in your corner.  Most “DUI Lawyers” also practice other areas of criminal defense.  A DUI charge IS a criminal charge and a criminal defense attorney can protect your rights.  You are facing loss of license, loss of money via fines and court costs, probation and incarceration. These are all criminal consequences if found guilty.

A third offense carries mandatory incarceration of 30 days (maximum 1 year) which is doubled if there exists any aggravating circumstances.  Those aggravating circumstances include: (1) driving wrong way on highway; (2) driving over 30 mph over speed limit; (3) having child under 12 in the vehicle; (4) accident with serious injury; (5) refusal of blood/breath alcohol test; OR (6) alcohol concentration over 0.15.  Other penalties for 3rd offense DUI in Kentucky include: loss of license 2-3 years, $500-1000

If you  have been charged with DUI in Kentucky, you should hire an attorney who regularly practices in the area.  For consultation and representation contact Bouldin Law Firm and speak to Michael Bouldin.  Call at 859-581-6453 or email at mike@bouldinlawfirm.com.  Call 581-MIKE today.

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Traffic Citation on 71/75

Posted on July 13, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

TRAFFIC CITATION:

If you received a traffic citation on Interstate 71/75 in Northern Kentucky, you might have to appear in court.  The court would be in Boone or Kenton county, depending on the exact location of the citation.

If you have been cited and do not wish to appear for the hearing, you can hire an attorney to handle your court case on your behalf.  For representation in Kenton or Boone or elsewhere in Northern Kentucky, call attorney Michael Bouldin.  While Michael Bouldin generally handles larger felony, misdemeanor and DUI cases, he is well versed in defense and plea negotiations regarding all traffic citations.

Often a resolution can be reached without the necessity of the appearance of the defendant.  This may include dismissal, CATs program referral, mediation, diversion, or plea deal that is beneficial to the defendant.  Of course, if the defendant wishes to proceed to trial that is his/her right and extensive trial experience of over 20 years will lead to a very good defense.

For consultation and representation, call Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.

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Memorial Day DUI

Posted on May 27, 2016 in DUI General Criminal Law Issues - Northern KY

This Memorial Day will be especially busy for police throughout the city, county and state.  1) Memorial Day is the first major summer holiday.  2) Memorial Day happens to fall on the last weekend of the month.

Kentucky State Police are positioned to write a record number of citations this weekend.  Whether because of the holiday, last day of the month or a major bonus, the KSP is out in record numbers.  Just today I personally witnessed 7 KSP patrol vehicles on the stretch of I-71 between Louisville and Cincinnati.  Police were shooting radar and looking for suspicious vehicles.

Kentucky DUI law now allows look back 10 years for prior offenses.  If you have had a DUI in the last 10 years, you would be subject to the penalties of 2nd offense DUI.  Note: this recently changed as it was formerly a 5 year look back.  DUI penalties for first (1st) offense range from 30-120 day license suspension, $200-500 fine, DUI service fee, court costs, and 2-30 days of incarceration.  These fines and cost total over $720 to the court, in addition to about $350 in assessment and classes; not to mention insurance rate increases.

Incarceration of 4 days is mandatory in cases where an aggravating circumstance exists on 1st offense and doubles the jail minimum on subsequent offense. Aggravating circumstances include: wrong way on highway, speeding over 30 mph over posted limit, accident with serious injuries, having child under 12 in the vehicle, breath/blood alcohol over .15 or refusal of breath/blood test.

Also remember, second offense penalties include minimum license suspension of 12 months and jail of 7 days.  The new law does allow for ignition interlock.  This process can be daunting and expensive. Use an attorney who has handled both pretrial and post-conviction ignition interlock for clients in order to answer questions and help guide you through the process.

If you are arrested for DUI, contact an attorney.  For representation in Northern Kentucky, call Michael Bouldin at 581-MIKE or contact the office at mwbouldin2@gmail.com or call 859-581-6453.

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AI at CVG

Posted on May 19, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

If you have been arrested for public intoxication, or alcohol intoxication, at Greater Cincinnati Airport, you may need to hire an attorney.  Often the arrest citation will allow for prepayment of fines and court costs in lieu of appearance at court.  This is a bad idea.  Prepayment is a GUILTY plea.  The arrest and conviction will become part of your permanent criminal records.  Alternatively, you may be able to avoid conviction either through trial or pretrial diversion.

An experienced attorney can aid a client through the diversion process.  Unfortunately, you will spend more in costs as well as legal fees and may be subject to community service, but you will not have a conviction and can generally expunge your case in 60 – 120 days.  If you are convicted, you cannot expunge the conviction for at least 5 years in Kentucky.  This may affect your future travel out of the country as well as limit some employment opportunities.

Another option is to take the case to trial.  The statute (KRS 222.202) for Alcohol Intoxication states: “A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity.”  It is not enough to simply be intoxicated, you must be a danger to yourself or others. If you have the resources to fight, an experienced criminal defense attorney may be able to help you gain an acquittal by taking the case to trial.

If you have been arrested in Northern Kentucky, at CVG or elsewhere, contact Michael Bouldin at mwbouldin2@gmail.com or call 859-581-6453 (581-MIKE) for consultation.  If you live out of town, out of state, or out of the country, I may be able to appear in court on your behalf.  Call for a consultation.

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Arrested at CVG Airport

Posted on May 3, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

If you have been arrested at CVG airport, you need an attorney!  Cincinnati airport, denoted as CVG, is actually located in Boone County, Kentucky.  An arrest can be made under federal authority of Immigration (INS), FAA, FBI, TSA or local police, either Airport Police or Boone County Sheriffs.

If you have been arrested for misdemeanor infractions such as AI (Alcohol Intoxication), PI (Public Intoxication), DC (Disorderly Conduct), Possession of Marijuana, Harassment or misdemeanor Assault, your case will be in Boone County District Court.  You should hire a local attorney who regularly handles misdemeanor cases in Boone County.

In many of these misdemeanor cases, an attorney can represent you and in many cases the attorney can waive your appearance at the first and sometimes other hearings.  If travel makes appearing difficult, an experienced attorney can schedule a hearing at mutually convenient times.  You will need to hire the attorney in advance to assure that he/she can appear.  *This is generally NOT the case for DUI and some other cases.  Discuss your case with the attorney and ask if your appearance is necessary.

Federal charges generally only arise from trafficking larger amounts of controlled substances. Often forfeiture of contraband and/or cash is associated with federal cases.  You should discuss the case with an attorney who regularly handles cases in federal and state courts, especially in the Eastern District of Kentucky.

Consultations may be available by telephone or email.  Also, the attorney can advise as to probable outcomes, whether diversion is likely or available, and potential resolutions.  For consultation about CVG arrest or citation in Boone County, Kentucky or elsewhere in Northern Kentucky call the Bouldin Law Firm and have consultation with Michael Bouldin.  To schedule, email at mwbouldin2@gmail.com or call Emily at 859-581-6453 (581-MIKE).

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10 Year Lookback for KY DUI under New Law

Posted on April 21, 2016 in DUI State Crimes in Northern Kentucky

Kentucky passed SB 56 this month which modified the lookback period for second and subsequent DUI convictions from 5 years to 10 years.  This may significantly alter the status of those previously convicted of DUI.

The new law was signed by Governor Bevin on 4/9/2016 changing KRS 189A.010 in pertinent part from 5 to 10 years DUI for offenses.  Whereas attorneys have traditionally advised that Kentucky has a five (5) year lookback in which if you are convicted a second offense the fines and jail increase substantially, now that has changed to a ten (10) year period.

If you have been previously convicted of a DUI, your chances of being charged with a second offense have significantly increased.  There remains to be seen constitutional and retroactive challenges regarding this issue.  For example: what if you were advised on your first offense of a 5 year lookback and now, 7 years later they are charging you with a second offense?

This new law also brings the advice to not simple plead guilty because “it is easier.”  If you have a valid legal defense, you should assert your rights. This new 10 year lookback makes it much more likely that an individual convicted of a first offense will obtain a second charge at some point in the future.

If you have been charged with DUI, contact an attorney. For representation in Kentucky, call Michael Bouldin at 859-581-6453 (581-MIKE) or email at mike@bouldinlawfirm.com.

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