N.KY CRIMINAL DEFENSE LAWYER

Criminal Defense For Northern Kentucky & Cincinnati………………… THIS IS AN ADVERTISEMENT

Home - Tags: Lawyer

Tag: Lawyer

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.

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

Top

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.

Top

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.

Top

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.

Top

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.

Top

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.

Top

Can I Appeal My Jail Sentence?

Posted on January 14, 2017 in General Criminal Law Issues - Northern KY

If you took the case to trial and were convicted, there is nearly guaranteed a right to appeal.  The Notice of Appeal must be filed within 30 days of the conviction.  What follows is a series of legal steps, including: designation of evidence, clerk’s certification of record and evidence, briefing schedule set forth by the appellate court, brief of the appellant/defendant, brief of the appellee/prosecution and then the potential for counter arguments and oral arguments to the court of appeals.

If you plead or have pled guilty, there is little chance that you can appeal the conviction or the resulting sentence; regardless of whether the sentence includes incarceration, jail, probation or fines.

If you were convicted in District Court, the local Circuit Court acts as the appellate court and will rule on issues.  You do not get to retry the case.  Often I receive phone calls from convicted persons who think that they can retry the case and present new evidence to the court of appeals.  In a very limited setting, new evidence may be presented.  This must be “newly discovered evidence” that was unavailable at the time of the trial.  the court draws a hard line in this regard.  Simply because your trial attorney did not present evidence, chose to ignore or not present evidence, or could not find or timely subpoena a witness does NOT give you the right to present it on appeal or get a new trial. Civil Rule 59.02 and 60.02 outline the specifics of newly discovered evidence.  

Generally, the appellate court only reviews the evidence that was presented.  In general, the groudns for appeal is regarding legal rulings on issues before the court. If you filed a Motion to Suppress which was denied, you can ask the court to review that ruling.  The trial court will not substitute their decision over that of the jury.  They are looking at LEGAL ISSUES in addition to potential prosecutorial misconduct.  (That is generally when a prosecutor fails to disclose evidence to the defense or presents arguments of facts which were not put into evidence.)

Appeals are not cheap and often legal fees exceed those of the trial attorney.  Additionally, if you WIN on appeal the case may be dismissed OR may be reversed and remanded for a new trial.  You will need an attorney for the retrial of the case as well.

If you have been convicted, speak to your attorney or public advocate about rights on appeal. Make sure that any appeal is filed timely.  If you want a second opinion, contact a criminal defense attorney.  To discuss, call Michael Bouldin at 581-581-6453 or email at mwbouldin2@gmail.com.

Top

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.

Top