N.KY CRIMINAL DEFENSE LAWYER

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

Home - Tags: Lawyer

Tag: Lawyer

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.

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.

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

Expunge Your Record in 2017

Posted on January 9, 2017 in General Criminal Law Issues - Northern KY

Give the gift of freedom to a loved one!!!  If you have tax refund in 2017 or want to give a great gift in the new year, think of expungement of a criminal record.  Whether a gift to a family member or loved one or a gift to yourself, set yourself up to get the best job possible, obtain a CCW permit, purchase a firearm or simply rid the excess baggage by expunging your criminal record.

Kentucky has passed additional laws regarding expungement in 2016 which allows for expunge the following:

  1. Misdemeanor dismissals, acquittals and diversion cases can be expunged after 60 days.
  2. Misdemeanor convictions may be expunged 5 years after the case and any probated/CD time is completed.
  3. Felony dismissals, acquittals and diversion cases can be expunged after 60 days.
  4. Certain felony convictions may be expunged 5 years after probation is completed.

If you have been acquitted or gone through a diversion program, make sure to take the next step and have it expunged.  It is not automatic, you need to file.  The first step is to request a criminal background check.  If you hire an attorney, they can assist you with each step.  The criminal background check can take from 2 weeks to 2 months to complete and depend on the speed of AOC and KSP.  (Administrative Office of the Courts and Kentucky State Police).

For consultation and fees, call Mike at the Bouldin Law Firm at 859-581-6453.  Most cases are fixed fee.  If you were convicted, there is a $100 fee for misdemeanors and $500 fee for felony expungements.  Email mwbouldin2@gmail.com or call 581-MIKE.

Top

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.

Top

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.

 

Top