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How to Defend a DUI?

Posted on September 23, 2017 in DUI State Crimes in Northern Kentucky

I had another Not Guilty day this past week with a client, and often  my friends ask, “How do you win such a case.”  The answer is both simple and not so much so.

First, as an attorney that likes to try cases, the chances of a not guilty are greatly increased if you take many cases to trial.  My rule of thumb is:  if the prosecution is not offering anything, why not take the case to trial? Many DUI/OVI cases have a standard offer from the prosecution.

The send rule is: if the case is triable, don’t be afraid to take it to trial.  A triable case is discretionary, but the general rule is this:

  1. If the video looks good, consider a trial.
  2. If the BAC is under .10, look at facts and think if trial may result in not guilty.
  3. If the BAC is under .08, always consider a trial unless the plea is to a lesser charge.
  4. If the defendant passes 2-3 of the 4-6 field sobriety tests, a trial may be in order.
  5. If the BAC is over the high tier limit (.15 in KY or .17 in OH), only plea if the offer includes removal of the high tier consideration.  *Not always, if the BAC is over .20, a plea may still be considered.

These are not hard and fast rules and every case is different.  The value of an experienced DUI defense attorney is invaluable when determining how to proceed.  For consultation with an attorney with over 22 years experience defending DUI charges in Boone, Campbell or Kenton County, or OVI in Cincinnati, call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

 

What is Sodomy?

Posted on October 1, 2015 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

Sodomy is a crime in Kentucky and throughout the nation.  In Kentucky, it is defined by KRS 510.070 under two circumstances

KRS 510.070 Sodomy in the first degree.

(1) A person is guilty of sodomy in the first degree when: (a) He engages in deviate sexual intercourse with another person by forcible compulsion; or (b) He engages in deviate sexual intercourse with another person who is incapable of consent because he: 1. Is physically helpless; or 2. Is less than twelve (12) years old.

(2) Sodomy in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony.

In Kentucky, a class B felony is punishable by incarceration of 10-20 years  and a class A felony is punishable by 20-life.  There also exeist 2nd and 3rd degree charges of sodomy.  These are based on the age and ability to consent of the victim.

Deviate sexual intercourse is defined in KRS 510.010(1) as “any act of sexual gratification involving the sex organs of one person and the mouth or anus of another; or penetration of the anus of one person by a foreign object manipulated by another person.”

Foreign object is defined in KRS 510.010(9) as “anything used in commission of a sexual act other than the person of the actor.”

The information contained herein is to help educate the public and those accused of the law and their rights.  Defendants have the right to remain silent and are encouraged to exercise those rights until they speak with a lawyer.  Defendant should retain counsel as soon as possible and before court hearings.  If an attorney is not available at first hearing, simply plea “NOT GUILTY” and have the matter set for a preliminary hearing.

If you have been charged with sodomy, it is a serious charge with significant potential consequences and you need to hire an attorney.  For a consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at mike@bouldinlawfirm.com.  Call 581-MIKE today.