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Home - Tags: #penalties

Tag: #penalties

DUI 3rd in Kentucky

Posted on July 20, 2016 in DUI

If you are charged with and facing a 3rd offense DUI in Kentucky, you need an experienced criminal defense attorney on your side.  The charge of third offense can be for any two prior DUI or OVI convictions within the past 10 years. This can be within or outside of the state of Kentucky.  By statute (yet to be determined if constitutional by courts), it may also include plea agreements which stated at the time that it could be held against you for five additional years.

Remember, even if your second (2nd) offense was pled down to a first offense, the next one is still a 3rd offense.  Simple math, 1 + 1 + 1 = 3.  Same holds true for a charge of DUI 4th, which is a felony in Kentucky.

With the changes in the law extending the lookback period from 5 to now 10 years, there is more a need than ever to have an experienced criminal defense lawyer in your corner.  Most “DUI Lawyers” also practice other areas of criminal defense.  A DUI charge IS a criminal charge and a criminal defense attorney can protect your rights.  You are facing loss of license, loss of money via fines and court costs, probation and incarceration. These are all criminal consequences if found guilty.

A third offense carries mandatory incarceration of 30 days (maximum 1 year) which is doubled if there exists any aggravating circumstances.  Those aggravating circumstances include: (1) driving wrong way on highway; (2) driving over 30 mph over speed limit; (3) having child under 12 in the vehicle; (4) accident with serious injury; (5) refusal of blood/breath alcohol test; OR (6) alcohol concentration over 0.15.  Other penalties for 3rd offense DUI in Kentucky include: loss of license 2-3 years, $500-1000

If you  have been charged with DUI in Kentucky, you should hire an attorney who regularly practices in the area.  For consultation and representation contact Bouldin Law Firm and speak to Michael Bouldin.  Call at 859-581-6453 or email at mike@bouldinlawfirm.com.  Call 581-MIKE today.

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.

What is Difference Between Federal and State Crimes?

Posted on February 15, 2016 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY

Whether you are charged under a federal crime or state crime often depends on the type of charge or may depend on the agency investigating/charging.

In general, if a city, county or state police investigates and makes the charge or arrest, you will likely be charged with a state crime.

State crimes often include: arson, forgery and possession of forged instruments, murder, receiving stolen property, drug possession and many drug trafficking, sex offenses, .  The large majority of misdemeanor arrests result in state crimes, for example: assault, all traffic and driving offenses, DUI, disorderly conduct, robbery (except bank), prostitution and theft.

If the FBI, DEA, ATF, Secret Service or other federal government agency investigates, you will likely be charged with a federal crime.

Federal crimes include: mail fraud, tax evasion, possession of federally prohibited firearms, counterfeiting, embezzlement, drug trafficking across state lines and generally with significant amounts, hijacking, bank robbery, immigration offenses, and distribution of child pornography across state lines or using internet.

If a DRUG STRIKE FORCE investigates or makes the arrest, you may be charged under local state law OR federal law.

The Northern Kentucky Drug Strike Force is comprised of both state and federal officers.  The charges generally depend on the amount of drugs involved, whether the case was a significant trafficker or a low level user and the amount of resources involved.  IF there are significant assets which may be seized, the chances increase of a federal charge.

Sentencing Depends on the Class of Felony and whether federal or state

Using the federal Guidelines Manual and Sentencing Table (PDF), a judge can see recommended sentences that take into account the felony class as well as the defendant’s criminal history. This allows for someone with no criminal history to get a lighter sentence than a career criminal for the identical crime, while still staying within the published guidelines.

States classify felonies in a manner similar to the federal system, although some states have more or fewer classes, and some use number rather than letter classifications. The sentence ranges for each class also vary by state.  In Kentucky, the class of crime determines the range of penalty.  For a class D Felony, the range is 1-5 years and a defendant may receive probation.*  This can be enhanced if the defendant is eligible as PFO for prior felonies.

Both state and federal crimes may subject a defendant to deportation if they are not a US citizen.  Advise your attorney of your immigration status (even if illegal) so that he can consider this factor if you are not a citizen.

If you or a loved one has been accused of a felony, contact an attorney.  For consultation regarding state or federal charges in Northern Kentucky, contact Michael Bouldin at mike@bouldinlawfirm.com or call 859-581-6453.

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Should I Take a Plea Deal?

Posted on May 14, 2015 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY

Should I take a plea deal?  This is probably the most commonly asked question by a criminal defense client to their attorney.  The attorney generally can bring the deal but is seldom in a position to advise whether or not to take a deal.

When should i take a plea deal?  You should accept a plea deal when you are guilty and the likelihood of a sentence following a conviction will be greater than the bargained for deal.  For example: if you were weaving on the road, ran a red light, were pulled over after drinking a 12 pack of beer; then failed all field sobriety tests and then blew a .149 on the breathalyzer, the likelihood of a conviction for DUI is very high.  If the offer on a plea is the state minimums for license suspension, no jail time, minimum fine and other expenses, it may be a good deal.  If you also had an accident, the likelihood of jail time or extended suspension increases if the case proceeds to trial.

What if I have probated time in addition to the new crime?  The prosecution holds a number of cards when you also have probated time hanging over your head.  If they revoke the probated time, any new charge is likely going to run consecutive to the probated time.  That means, if you have 3 years of probated time and you have a new crime where the time will be 5 years, consecutive time means a total of 8.  A plea deal that involves concurrent time (5+3=5) would be hard to pass up in such a case.

What if I am not guilty?  If you are not guilty and continue with your innocence, you still need to understand the likelihood of conviction.  If the facts stack up against you, the likelihood of conviction must be taken into account.  For example, if the plea deal is for probation and you are looking at a 10 year sentence if convicted, you must balance that with the likelihood of a conviction.  Alternatively stated, you must balance the probation (bird in the hand) with the possibility that you will still be convicted and sentence to a lengthy prison sentence.

This is why it is important to choose an attorney you trust.  An attorney can give you an accurate assessment of the strengths and weaknesses of your case and will generally give you a range of odds of winning, losing or something in between.  For example, there is a chance that you are still convicted of a lesser charge.

For a consultation in Norther Kentucky, contact Michael Bouldin at mwbouldin2@gmail.com or call 581-MIKE, 859-581-6453.

 

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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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What Are Kentucky Penalties for Drug Trafficking?

Posted on February 25, 2015 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY

Drug trafficking penalties in Kentucky vary by the substance being trafficked as well as by the amount of drugs sold.

KRS 218A.1412 defines Trafficking in controlled substance in first degree and Penalties.
(1) A person is guilty of trafficking in a controlled substance in the first degree when he or she knowingly and unlawfully traffics in: (a) Four (4) grams or more of cocaine; (b) Two (2) grams or more of heroin or methamphetamine; (c) Ten (10) or more dosage units of a controlled substance that is classified in Schedules I or II and is a narcotic drug, or a controlled substance analogue; (d) Any quantity of lysergic acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or flunitrazepam, including its salts, isomers, and salts of isomers; …
The penalty for violation of KRS 218A.1412 (1)(a)-(d) is 5-10 years in prison as a class C Felony for first offense and B Felony for second or subsequent offenses.
KRS 218A.1413 defines Trafficking in controlled substance in second degree and Penalties.
(1) A person is guilty of trafficking in a controlled substance in the second degree when: (a) He or she knowingly and unlawfully traffics in: 1. Ten (10) or more dosage units of a controlled substance classified in Schedules I and II that is not a narcotic drug; or specified in KRS 218A.1412, and which is not a synthetic drug, salvia, or marijuana; or 2. Twenty (20) or more dosage units of a controlled substance classified in Schedule III; (b) He or she knowingly and unlawfully prescribes, distributes, supplies, or sells an anabolic steroid for: 1. Enhancing human performance in an exercise, sport, or game; or 2. Hormonal manipulation intended to increase muscle mass, strength, or weight in the human species without a medical necessity; or (c) He or she knowingly and unlawfully traffics in any quantity of a controlled substance specified in paragraph (a) of this subsection in an amount less than the amounts specified in that paragraph.
The penalty for violation of KRS 218A.1413 is 1-5 years in prison as a class D Felony for first offense.

The majority of drug trafficking cases are charged as Class C felonies.  That charged can also be increased if the trafficking is within 1000 linear feet of a school or daycare.  Marijuana trafficking is not included in this post may be a Class A misdemeanor or a Class D felony.  See prior post relating to marijuana trafficking.

If you have been charged in Kentucky or Federal court for trafficking of drugs, you need a criminal defense attorney. For consultation and representation in Boone, Campbell, Kenton or federal court, contact Michael Bouldin at mike@bouldinlawfirm.com or call 859-581-6453.

 

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