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Tag: #northernkentucky

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.

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.

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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Thanksgiving Weekend DUI

Posted on November 25, 2015 in DUI

Thanksgiving weekend is the number one (#1) weekend for DUI arrests in the United States.  Many of these come from college students returning home for the first time since going away.  The freedom and use of alcohol is combined with driving to visit old friends. Most of these occur on the Wednesday prior to Thanksgiving and the Friday following, as they are two of the biggest bar/drinking nights of the year.  Others may come from having too much wine and turkey while trying to liven up conversation with extended family.  Whatever the reason, this late weekend in November provides for many DUI and OVI arrests.

As always, best advise is to avoid driving a motor vehicle if you have been drinking alcohol.  If you are stopped for suspected DUI, make sure that a video is working prior to preforming field sobriety tests.  The officer’s recollection of the acts is much less reliable than a video camera with audio.  If a breathalyzer is offered, it is your decision whether or not to comply.  Refusal can be used against you and can cause license suspension.  That said, new laws allow for ignition interlock so that you can continue to drive even if you refuse the breathalyzer.

If you are arrested, contact an attorney for legal representation.  I recommend an experienced criminal defense attorney who regularly practices in the county of arrest.  The attorney will know the lay of the land, who to discuss and the general tendencies of the prosecutors and judges in that county.

For representation in Hamilton County, OH, or Campbell, Kenton or Boone counties in Kentucky, call Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.  During weekend and after hours, email is the best way to reach counsel.

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How Are Bail Bonds Set in Ky?

Posted on August 18, 2015 in General Criminal Law Issues - Northern KY

Bail bonds are intended to assure your continued appearance in court.  Bond may be higher or lower if the judge perceives that the defendant is (1) a flight risk; or (2) a danger to the community. If the judge makes such a determination, then they can have a no bond decision or the defendant may not be eligible for the $100/day credit toward bond.  Generally, the higher the level of crime then the higher the bond.  The defendant’s criminal history and history of making court appearances are also factors in setting bond.

There are no bail bondsmen in the state of Kentucky.  Kentucky generally has either straight cash bonds or an unsecured bond.  The person signing the unsecured bond is indebted to the state for the full amount if the defendant does not appear for court.  An unsecured bond generally only requires a signature of a resident of Kentucky.

You can ask for bond to be reconsidered at any stage of proceeding. Generally, if a person is in jail at the arraignment the bond will be considered and may be adjusted.  Most of the time a reasonable bond will be set only after the defendant has been interviewed by pretrial and their information has been verified.  It is important for a defendant to cooperate with pretrial and give them information on job, family and residence as well as contact information for persons who may verify that the information is correct.

The court can also allow a percentage bond, where you post some percent, typically 10%, of the total bond.  This may also be confusing and varies by county.  If you have questions about bond, ask your attorney or the county court clerk.  If you need representation for a criminal charge in Northern Kentucky, contact Michael Bouldin at mike@bouldinlawfirm.com or call 859-581-6453 (581-MIKE).

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Does the Amount Matter for Robbery Charge?

Posted on June 17, 2015 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

The amount taken in a robbery committed in Kentucky is irrelevant to the charge.  Whether the defendant was attempting to take a cell phone, $5 or $10,000 the amount of the theft is irrelevant to the charge of robbery.

If trying to take any money you use physical force, it is a robbery 2nd.  Robbery is a serious felony offense and anyone charged with this crime should be looking for the best possible attorney to represent them throughout the proceedings.  If you have an attorney, please make sure that you have discussed potential resolution and possible plea deals to the case as well as trial strategy and defenses available.
Following is the Kentucky Revised Statute (KRS) definition of Robbery 2nd:

515.030 Robbery in the second degree.
(1) A person is guilty of robbery in the second degree when, in the course of committing theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft.
(2) Robbery in the second degree is a Class C felony.

Class C felonies in Kentucky are punishable by 5-10 years of incarceration.

If you cause injury, use a dangerous instrument or are armed with a deadly weapon, robbery becomes a 1st degree under KRS 515.020 and is a class B felony.  Class B felonies in Kentucky are punishable by 10-20 years in prison.  Robbery 1st is also classified as a violent crime.  This classification does not permit parole until the offender has served 85% of the stated prison sentence.

If you have been charged with Robbery or any other crime in Northern Kentucky counties of Campbell, Kenton or Boone, contact the Bouldin Law Firm and schedule an appointment with Michael Bouldin.  Call at 581-MIKE (859-581-6453) or email Mike@bouldinlawfirm.com.  You can also schedule through Emily@bouldinlawfirm.com.

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What is ADE after a DUI?

Posted on April 30, 2015 in DUI

In Kentucky, when a person pleads guilty or is convicted of a DUI offense, as well as many drug related offenses, they may be required to submit to an ADE.  ADE is shorthand for Alcohol & Drug Evaluation. This is typically a self reporting evaluation wherein a counselor will ask the defendant how much and how often they use alcohol and drugs.

The results of the ADE will be used to evaluate whether the defendant then needs counseling, treatment, out-patient or in-patient treatment.  The treatment plan is based on the necessity of services which may include the length of use, consistency of use and types of drugs being used by the defendant.

Following a first offense DUI, the minimal treatment in Kentucky is a 20 hour course.  These courses typically meet for 3 hours, one time each week for 7 consecutive weeks.  There are certain cases where the attorney may advise to enroll and/or complete the ADE and classes prior to appearance in court.  This may be used to minimize a sentence and may help with plea negotiations.

The two most commonly used treatment centers which conduct the Alcohol & Drug Evaluations as well as providing the DUI classes classes in Northern Kentucky are:

  • AWARENESS & DISCOVERY, located at 2 DORTHA AVENUE, FLORENCE KY 41042.   BOONE AWARENESS & DISCOVERY GROUP, LLC contact JUDY O’BANION (859) 525-1487.
  • COMMONWEALTH SUBSTANCE ABUSE SPECIALISTS located at 7000 HOUSTON RD, BLDG 400, STE 43, FLORENCE KY 41042. BOONE COMMONWEALTH SUBSTANCE ABUSE SPECIALIST contact MARK TOENNIS (859) 371-4455.

For a complete listing of all providers currently in Kentucky, follow this link.  Providers can also direct out of state residents to local providers throughout the United States that provide services acceptable to Kentucky DMV.

If you have been charged with DUI in Boone, Campbell or Kenton county, hire an attorney with experience dealing with the local prosecutors and judges.  For a consultation in Northern Kentucky, call Bouldin Law Firm and schedule an appointment with Michael Bouldin.  Call at 859-581-6453 or email at mike@bouldinlawfirm.com.   CALL 581-MIKE today!

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NKy Criminal Attorney on AVVO

Posted on April 15, 2015 in DUI General Criminal Law Issues - Northern KY

As a criminal defense attorney in Northern Kentucky, I look for a number of online places for potential clients to find me and my website.

Avvo - Rate your Lawyer. Get Free Legal Advice.

I have been using AVVO for about 5 years and have answered hundreds of questions for both potential clients as well as those simply needing guidance.  I do not believe that the law should be a cloud of secrecy that a defendant cannot comprehend.  Knowledge is king and I like to help clients be advised of the law and what may happen in their particular case.

If you have been charged with a crime in Nrothern Kentucky, call my office for a consultation.  You can contact Bouldin Law Firm at mike@bouldinlawfirm.com or call 859-581-MIKE; 859-581-6453.

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DUI Attorneys Near Me – NKY

Posted on March 5, 2015 in DUI

If you are in Northern Kentucky counties of Boone Campbell or Kenton and are looking for a DUI defense attorney near you, contact the law firm of Michael Bouldin.  Michael has been practicing DUI and criminal defense in northern Kentucky for over 20 years and has extensive experience handling DUI cases throughout the area.  You can contact Michael Bouldin in a number of ways, including:

  • email Mike at mwbouldin2@gmail.com
  • email Mike’s paralegal, Emily, for an appointment at emily@bouldinlawfirm.com 
  • call the office at 859-581-6453
  • remember the office number as 581-MIKE

If you have questions, look throughout this blog for information on DUI cases in Kentucky and Ohio.

 

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What is Jail Time for Class D Felony in Ky?

Posted on February 5, 2015 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY

A class D felony in Kentucky is punishable by 1-5 years of incarceration. This may be served in the state prison or, more likely, in local county jails.  Class D is the lowest form of felony in the commonwealth of Kentucky and most first time offenders are eligible for probation.  Certain crimes may also be eligible for felony diversion.  Felony diversion is available to first-time, non-violent felons, but must be with the consent and agreement of the prosecution.

Felony diversion is a program that allows a person to enter a plea then be sentenced to a period of probation. If that person successfully completes probation, the case can ultimately be dismissed.  This enables the defendant to proceed as if they have not had a crime on their record. **in certain cases,  this may be used in sentencing if the defendant commits and is sentenced on a subsequent federal felony.

If you have been charged with a crime, including felony or misdemeanor charges, in Kentucky, contact an experienced criminal defense attorney.  For a consultation in Northern Kentucky, call the Bouldin Law Firm and schedule an appointment to meet with Michael Bouldin.  Call 859-581-6453 or email mwbouldin2@gmail.com.

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