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Tag: #felony

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.

Is it a Felony to Injury Police Dog in Kentucky?

Posted on March 12, 2017 in General Criminal Law Issues - Northern KY

The state Senate passed a bill which makes a Felony for assaulting a police dog.  This bill was approved last Monday and sent it to Republican Gov. Matt Bevin for his signature.

Kentucky is one of six states that consider it a misdemeanor to harm a police dog, according to the United States Police Canine Association. Twelve states make it a felony to harm or kill a police dog regardless of the circumstances, while the penalties in 23 states depend on how bad the dog was harmed.

“Most of the states are falling in line with protections human beings would have as well,” Ferland said.  Unfortunately, those in favor fail to align the two.  You see, under current law in Kentucky is a misdemeanor to harm another person, not a felony.  It is only a felony if  you harm a police or other law enforcement officer.   It is also a felony if the person has serious physical injury or if the defendant uses a deadly weapon.  The new law places the injury to a police dog as similar to injury to a human.

“I didn’t understand it. To me, he’s a partner, he’s a police officer,” Officer Lusardi said.  this Officer Lusardi is discussing one particular case where the charge to injuring the dog is a misdemanor.  It seems that all stories focus on one or two individual cases and the commitment of the police and the police dogs.  The reality is that in the United States, we have the right to confront our accusers under the 5th Amendment to the Constitution.  When the accuser is an animal, it is difficult to cross examine a dog.

The suspect in that case also received no jail time for the assault, but was later arrested on other charges, according to Kenton County Commonwealth’s Attorney Rob Sanders.  Clearly and rightfully, Sanders supports the police, both human and canine.  Like many other PC laws, it is hard to not be in support.  That said, in each case where the defendant harmed a police animal, there were significant other felonies for which they were charged.   In the specific case often cited by Mr. Sanders regarding Daleon Rice and the police dog, Ernie, the defendant is serving 40 years on his charges.  This begs, Do we really need to add another felony charge to this man, or anyone else, for a dog

While I do personally love my dog and many animals, I also see this as a slippery slope.  Do we need more felonies?   It seems there is currently a push to make any mistreatment of animals a felony.

This article is largely an editorial by criminal defense attorney Michael Bouldin.

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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New Felony in 2017

Posted on January 8, 2017 in General Criminal Law Issues - Northern KY

If you have been changed with a felony in Campbell County, Kenton County, or Boone County, call Michael Bouldin for a consultation. You need an experienced criminal defense attorney to guide you through the process and protect your rights.   You can email at mike@bouldinlawfirm.com or call the office to schedule.

Whether you are innocent of the crime or you need to get the best deal possible, you need to hire the best attorney that you can afford knowing your rights and having an attorney to present your case is the best opportunity for a favorable outcome.  Do not assume that everyone is equal.  Price is one factor in determining if you have hired the best attorney to represent you.  You should discuss your case with your attorney and be assured that they have handled these types of case, that they are familiar with the local prosecutors and judges and that they will do their best to provide the best possible outcome.   Make sure you trust that the attorney’s advice is in YOUR best interest.

Mike has bheen practicing criminal defense law in Northern Kentucky for over 22 years and, together with Kris Nevels, a 7 year attorney, they provide a team approach to assuring clients the best possible service.
Call 859-581-6453 (581-MIKE) to schedule a consultation or inquire as to retainer fees to hire the Bouldin Law Firm.

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Can I Expunge Felony In Kentucky?

Posted on November 20, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

Yes, you can now expunge certain felonies in the Commonwealth of Kentucky.  In Kentucky, 61 specific felony convictions listed under the felony expungement statute may be expunged. These are Class D non-violent offenses, many of which pertain to drug possession or theft. Some of the eligible felonies are:

  • KRS 217.208 Forgery of a prescription

  • KRS 218A.140 Prohibited acts relating to controlled substances

  • KRS 218A.1415 Possession of controlled substance in first, second and third degree

  • KRS 218A.282 Forgery of a prescription

  • KRS 218A.284 Criminal possession of a forged prescription

  • KRS 218A.1423 Marijuana cultivation

  • KRS 511.040 Burglary in the third degree

  • KRS 512.020 Criminal mischief in the first degree

  • KRS 514.030 Theft by unlawful taking or disposition

  • KRS 514.040 Theft by deception

  • KRS 514.050 Theft of property lost, mislaid, or delivered by mistake

  • KRS 514.060 Theft of services

  • KRS 514.100 Unauthorized use of automobile or other propelled vehicle

  • KRS 514.110 Receiving stolen property

  • KRS 514.160 Theft of identity

  • KRS 516.030 Forgery in the second degree

  • KRS 516.060 Criminal possession of forged instrument in the second degree

  • KRS 530.050 Nonsupport and flagrant nonsupport

There are additional felonies which are not included in this list. Additional felonies not listed above may be expunged if:

  • If the person was not convicted (charges dismissed, acquittal, or not prosecuted).
  • If the crime was originally charged as a felony but was reduced to a misdemeanor (even if there was a misdemeanor conviction). Case records and background checks will continue to show a felony charge until it is expunged.
  • If the person was sentenced to and successfully completed a class D felony pretrial diversion program under KRS 533.250 et. seq.

Finally, the charge of possession of controlled substance in first degree, a Class D felony, may be voided. In accordance with KRS 218A.275, a voided conviction has the same effect as an expungement: the records are sealed and will not show up on background checks, the defendant will not have to disclose the record on employment applications, etc.  Also, your gun rights will be restored after expungement is complete.

If you need help, contact the Bouldin Law Firm and discuss cleaning your record.  An attorney can file for expungement on your behalf and aid you through the process efficiently.  Contact Mike at 581-MIKE, 859-581-6453 or email at mike@bouldinlawfirm.com.

 

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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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Domestic Violence and Assault

Posted on June 26, 2016 in General Criminal Law Issues - Northern KY

If you are charged with assault/domestic violence in Kentucky, you may have a civil EPO/DVO hearing, a criminal assault charge, or both.

Having practiced criminal defense in Northern Kentucky for over 20 years, people charged are often confused with the legal charges, the legal process and what is pending.  An experienced attorney will use the internet, specifically CourtNet in Kentucky, to check all current, pending as well as past charges on a client.

For example, if there is a protective order or domestic violence hearing, they often have a trial within 14 days of service.  This is considered a civil hearing, however there are consequences to a permanent domestic violence order (DVO) being entered.  If a DVO is entered, the Respondent is not permitted to own, possess or handle any firearms.  While not criminal, it does show up on a police record whenever they run your name, license information or address.

The criminal assault charge can result in up to 12 months of incarceration and $500 fine.  Often, a condition of probation may be to enroll and complete a alcohol treatment program, drug/alcohol evaluation and/or anger management.  Anger Management programs can continue on a weekly basis for up to one year and the defendant must pay, attend and complete or face significant jail time.

Prior convictions or even charges can have a significant impact on plea negotiations, trial strategy as well as sentencing.  Knowing the history is a key to ensuring a good deal.

If you have been charged with assault and/or domestic violence, you should hire an attorney to defend your rights.  For consultation in Kentucky or Cincinnati, call Michael Bouldin at 859-581-MIKE or email at mwbouldin2@gmail.com.  Call 859-581-6453.  

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Expunge Felony In Kentucky NOW!

Posted on April 21, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

House Bill 40 has now been signed into law which allows expungement of certain felony convictions in Kentucky by amending KRS 431.

The law appears to be in effect immediately, however there have not yet been issued AOC forms to comply with the new law. Some attorneys have created their own forms which should be in compliance with the new law. The law requires a waiting period of 5 years after completion of any sentence or probation.

Amend KRS 431.076 to expand the scope of an expungement motion under that statute to include felonies referred to a grand jury where no indictment ensues; amend KRS 431.078 to expand that statute’s expungement process to include Class D felonies; amend KRS 527.040 to expressly provide that an expunged felony does not trigger the application of that statute; create a new section of KRS Chapter 413 to prohibit the introduction of information pertaining to an expunged conviction as evidence in a civil suit or administrative proceeding alleging negligent hiring or licensing.

Only certain cases are eligible for expungement.  If you have questions whether your case is eligible, you can compare with the relevant KRS statutes which ARE eligible to expunge: 17.175, 186.990, 194A.505, 194B.505, 217.181, 217.207, 217.208, 218A.140, 218A.1415, 218A.1416, 218A.1417, 218A.1418, 218A.1423, 218A.1439, 218A.282, 218A.284, 218A.286, 218A.320, 218A.322, 218A.324, 244.165, 286.11-057, 304.47-025, 324.990, 365.241, 434.155, 434.675, 434.850, 434.872, 511.040, 512.020, 514.030, 514.040, 514.050, 514.060, 514.065, 514.070, 514.080, 514.090, 514.100, 514.110, 514.120, 514.140, 514.150, 514.160, 516.030, 516.060, 516.090, 516.108, 517.120, 518.040, 522.040, 524.100, 525.113, 526.020, 526.030, 528.020, 528.040, 528.050, 530.010, or 530.050.

For help with filing, contact attorney Michael Bouldin at mwbouldin@fuse.net or call 859-581-MIKE (859-581-6453).  Speak to Emily to schedule a consultation.

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Drug Possession in NKy

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

Drug offenses make up over one half of all arrests and criminal convictions in Northern Kentucky.  Criminal courts are just one way to fight the war on drugs.  Funny how legislators consider this a WAR, whereas any other medical condition is considered medical treatment.  We don’t ahve a war on cancer, a war on mental health or a war on diabetes.

Especially on first offense, treatment is the primary method of dealing with drug possession offenses.  While some drugs such as marijuana, are misdemeanor offenses, others, especially narcotics, are considered felony offenses.  Diversion, deferred prosecution and treatment in lieu of conviction are all methods to avoid felony prosecution and get treatment for the individual defendant instead of prosecution and incarceration.

Trafficking charges are almost always felony offenses and require additional attention to the defense.  Rights of the accused, monitoring and search warrants as well as Miranda rights all should be considered.  Most felony trafficking convictions lead to incarceration.  Multiple offenses can greatly increase prison time, especially in the federal system where career offender and sentencing guidelines strongly influence Judges’ sentencing.

If you have been arrested with drug possession, you should get an attorney to represent you through the process.  For consultation in Boone, Campbell or Kenton counties, call Bouldin Law Firm and schedule to speak with Michael Bouldin.  Email at mike@bouldinlawfirm.com or call at 581-MIKE, 859-581-6453.

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