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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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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 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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Busted for Heroin in Northern Kentucky

Posted on January 11, 2017 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

If you were arrested for heroin or any other controlled substance in Kentucky, you are facing felony charges.  When facing felony charges, you should hire an experienced criminal defense attorney.  Simple possession is generally a class D felony with penalties ranging from 1 – 3 years.  That said, if it is a first offense you may be eligible for probation or diversion.

Diversion allows an individual to be placed on probation for a period of time (typically 2-3 years).  If the diversion is successful, the defendant can have the charges dismissed and ultimately expunged.  Diversion DOES require a guilty plea and admission to the charges. If the diversion/probation is not successful, the judge can enforce the felony and sentence the defendant to a period of incarceration.

The statute is codified in KRS 218A.1415 Possession of controlled substance in first degree

  1. A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses:
    1. A controlled substance that is classified in Schedules I or II and is a narcotic drug;
    2. A controlled substance analogue;
    3. Methamphetamine;
    4. Lysergic acid diethylamide;
    5. Phencyclidine;
    6. Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or
    7. 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:
    1. The maximum term of incarceration shall be no greater than three (3) years, notwithstanding KRS Chapter 532;
    2. 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;
  3. Deferred prosecution under paragraph (b) of this subsection shall be the preferred alternative for a first offense; and
  4. 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 questions or need a consultation, please call the Bouldin Law Firm at 859-581-6453 or email at mike@bouldinlawfirm.com.  Call 581-MIKE today.

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What if I Speak Chinese and Arrested in Kentucky?

Posted on October 20, 2016 in General Criminal Law Issues - Northern KY

If you speak Chinese, you may need an interpreter when you appear in court. If you ask, the court is mandated to provide an interpreter for you during your hearings.  This is regardless of your nationality and language preference and includes Chinese, Mandarin, Polish, Spanish and Russian (I’ve represented defendants with all of the above).

What the court is not obligated to do is provide an interpreter for you when you are speaking to your attorney.  This is an essential party of communication between attorney and client since much of the discussion occurs outside of the courtroom. Most criminal attorneys will meet with their clients prior to court, often at their office.  The initial meeting is to discuss the facts surrounding the case, fees and potential defenses.  Often the process is also discussed, which may include the terms: indictment, arraignment, pretrial, preliminary hearing, plea and trial.

Once a plea offer is made, the attorney will want to discuss with the client the terms of the plea agreement and the costs/benefits of accepting a plea or proceeding to trial.  At that time, relevant pretrial motions may also be discussed as well as trial strategy. This may necessarily include discussions of whether to have a jury trial, filing of motions and whether or not the defendant will testify at trial.

All of these communications are important to the criminal defendant.  Being able to understand your attorney and communicate effectively is key to a just result.  Often a separate privately paid interpreter is necessary. Using an interpreter who is not qualified has 2 significant concerns: (1) is the conversation still confidential and protected by attorney-client privilege; and (2) is the interpreter correctly and accurately interpreting the statements.  Using a friend is fine for ordering dinner, but not when discussing the effects of a plea agreement.  A qualified interpreter is essential to explain the finer points of plea, trial and probation or parole and what is expected of the client/defendant.

If you need an experienced criminal defense attorney, contact Michael Bouldin at mwbouldin2@gmail.com.  If you need an interpreter, please say so and often one can be made available via telephone or in person.  Email or call to schedule an appointment or consultation at 859-581-6453.

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Who Takes DUI Case to Jury?

Posted on October 5, 2016 in DUI

I do.  As an attorney practicing DUI and criminal defense in Northern Kentucky for over 21 years, I have experience to handle your DUI defense.  This may include taking the case to a trial, whether a trial to the Judge or a trial to a jury.  Often times people are fearful of juries.  While a jury does have the ability to make recommendations tot he Judge regarding sentence, my finding is that juries tend to sentence about the same as most courts.

A DUI conviction stays on your record for ten (that’s right, 10) years.  If you have a defense, you should consider exercising all of your rights before you plead guilty.

If a case is a close call – say you fail 4 of 6 field tests but there is no bad driving. The jury may acquit or may convict.  A lot depends on how well the officer testifies and how well the defense attorney cross examines that testimony.  Whether there is a video is also a factor.  If there is no video, an attorney  may point out why the officer fails to videotape the encounter.  If there is, that video will provide the best evidence regardless of the testimony of the officer.

Any attorney who regularly tries cases has wins and losses.  It is an unfair question to ask, and often very unrealistic, to believe that there are attorneys who do not lose.  That is TV.  Real attorneys take cases to trial, some of which are difficult if not impossible to win.  Even hopeless cases have a chance of acquittal.  Many attorneys claim a “win” as anything as good or better than the offer by the prosecution.  That would allow for a DUI conviction where the person is charged with DUI, so long as the sentence is not worse with a trial than a plea.

For example, I was recently involved with a DUI jury trial wherein my client blew over .10, which is obviously over the .08 legal limit.  According to the testimony of the officer, the client also failed all 6 of the 6 field sobriety tests.  It was still a triable case as the video did now show that the field tests were as bad as the officer testified.  While unfortunately the jury did convict, they suggested the minimum sentence of $200 fine and no (0) jail time.  My client had his day in court and, moreover, was none the worse for taking the case to a jury trial.

If you want to discuss a DUI charge and possibility of taking the case to a bench or jury trial, contact an attorney who regularly handles these types of cases.  In Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at mike@bouldinlawfirm.com.  Call 581-MIKE today.

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