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Right to Kneel OR Stand During National Anthem

Posted on September 25, 2017 in General Criminal Law Issues - Northern KY

As a criminal defense attorney I defend the rights given to individuals under the Constitution and Bill of Rights on a daily basis.  I am not a real political man, but agree with Cincinnati Bengal, Tyler Eifert, who recently wrote an essay posted in “Medium” which reads:

Why I Stand

“I don’t want there to be questions of why I am standing or if I will kneel.”

I know it would probably be best to stay out of it, but when you believe in something as much as I do it gets to a point where you want both sides to be heard.

I am not questioning anyone’s reasons or rights to protest, but instead the method. This entire protest about raising awareness for racial inequality has gotten lost in the media and turned into a debate about whether to sit or stand for the national anthem. I want to take this time to remind everyone why I stand.
I stand because I love my country.

I stand because I want to honor the people putting their lives on the line for me on a daily basis in the Army, Navy, Marine Corps, Air Force, and Coast Guard.

I stand because my cousin is a pilot in the United States Air Force, risking his life flying F-15s in active war zones. He takes pride in his job protecting Americans, a sacrifice that all members of every branch of the United States military willfully take.

My cleats for our home opener on September 10th, 2017 against the Baltimore Ravens.

For the first game this weekend against the Baltimore Ravens, I am writing Pat Tillman’s name on my cleats. And each game thereafter, I am going to write another person’s name from the United States military, whether active, retired, killed or missing in action, or a prisoner of war. These people are why I am standing because they gave me and everyone else the chance to have freedom and earn a living playing a sport I love.

When you look at what is happening all over the world today, as a fellow professional football player, I am in awe of Pat Tillman’s courage. In 2002, he walked away from millions of dollars and a “dream” most people couldn’t imagine achieving to do one thing, fight for his country. Pat wasn’t fighting for himself, he wasn’t fighting for one group vs. another; he was fighting for Americans.

Fast-forward 15 years, it’s sad to see where we are today. Divided. In this world of turmoil, I still believe in one thing strongly and that’s the flag and everything our country was built on.

As I stand for the national anthem, I don’t want there to be questions of why I am standing or if I will kneel. I want there to be a clear understanding of why I stand. I want there to be a clear understanding of why I respect our flag and why I love our country.

Fast-forward another 15 years and hopefully we will all be able to look back at these years unified with pride to be Americans.

To make an impact and help with the people I respect, I am moving forward supporting the K9s For Warriors charity. Something that many people in our country overlook are the negative affects war has on the individuals putting their lives on the line for our freedom.

Posttraumatic stress disorder (PTSD) is a serious issue and something that sadly results in suicide from many military veterans when not treated correctly. Meeting and talking with the leaders from K9s For Warriors, they worry that doctors are masking the issues of PTSD by just giving these individuals pills to mask their traumatic experiences. One thing they are finding that helps more than anything is highly trained service dogs.

In supporting this charity, I want to raise awareness for the real issues affecting military veterans who suffer from PTSD while also raising money to train more dogs to improve the lives of military veterans.

I respect my fellow players right to kneel during the national anthem but I hope everyone now knows why I stand, and respects that as well.

Sincerely,
Tyler Eifert
Tight End, Cincinnati Bengals

I was recently reminded of the quote, “I disapprove of what you say, but I will defend to the death your right to say it.” I’m a lawyer and I believe in the right of free speech and the right to peacefully protest. I also hope that those protesting are aware of what they are protesting and its impact on society.  Are they raising awareness for their cause or only causing more divisiveness? As a lawyer trained in seeing both sides of disputes, I don’t agree with kneeling during the National Anthem, but I do defend their right to do so.

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.

Where is Law Office?

Posted on July 29, 2016 in Uncategorized

If you are looking for the Bouldin Law Firm, you’ve found it.  Having practiced DUI and criminal defense law in Kentucky for the past 21+ years, I’ve found it helps to be close to the action.  My office is two blocks from the Kenton County Justice Center, which is located at 230 Madison Avenue in Covington.  I am a short 5 minute drive from the Campbell County Justice Center and less than 10 minutes from Hamilton County courts.

Boone County is only a few minutes away and the courthouse in Burlington is a 25 minute drive (depending on 71/75 traffic).  Having lived in Boone Count for 20 years, often court is on the first stop of the day and prior to checking emails at the office.

My office is located at 120 West Fifth Street, Covington, Kentucky 41011.  It is actually on the corner of 5th and Russell streets and clients often park in the lot adjacent owned by DEPs liquor store.  If you are coming for a meeting, you may also park in that lot.  Do not park there if not at a meeting, especially on Friday nights or during an event in Covington – DEP’s owns the lot and may tow your vehicle.

If you need representation or wish to discuss your case and want to schedule a consultation, call the office at 859-581-6453.  Email to Mike@bouldinlawfirm.com or schedule through Emily at Emily@bouldinlawfirm.com.  Call 581-MIKE.

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Don’t Start the New Year with a DUI?

Posted on December 29, 2015 in DUI

Want to end 2015 on a bad note?  Start 2016 off terribly?  If so, start drinking early and wake up in jail with a DUI arrest for the New Year.  Every year law enforcement is out in bigger numbers to stop DUI beginning on New Year’s Eve and into New Year’s Day.  The new year revelry often includes alcohol and then the prospect of getting home.

It is advisable to get alternative transportation, a taxi cab, Uber or other ride from a sober driver, if you have been drinking alcohol on this, or any other night.  A DUI can cost over $10,000 if convicted.  Even an acquittal is likely to cost $2,000-3,000.  The big advantage of an acquittal is that your automobile insurance will not go through the roof – a reality that is likely to continue for 3-5 years.  A conviction in Kentucky will cost nearly $1,000 in court costs and fines, $300 in court ordered counseling classes, license reinstatement fees in addition to loss of license for four (4) months.

An experienced DUI/criminal defense attorney can guide you through the process, advising of what are good issues to take to trial and when a deal is better to be struck.  Very few attorneys will tell you it is as simple as pleading guilty.  While that may actually be advantageous at some point, it is difficult to know until discovery is complete, knowing what issues may be available for suppression of evidence, if a video is favorable, or if blood or urine test may help your case.

Drinking alcohol and driving is not necessarily a crime.  Know your rights by hiring an experienced criminal defense attorney who regularly practices in your county of arrest.

If you have been charged with a DUI, contact a lawyer. For consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.  Call 581-MIKE.

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What To Do If You Are Arrested

Posted on October 25, 2015 in General Criminal Law Issues - Northern KY

If you are arrested, it is generally suggested to exercise your rights.  If you go to court before obtaining an attorney, plead not guilty and ask the judge for a reasonable bond.  You are entitled to have charges read to you and appear before a judge within 2 business days of your arrest.

1. Exercise the right to remain silent.  You should answer general questions about yourself, including your name, dob, ss#, address and employment.  This will help you to obtain a reasonable bond.  You should NOT answer any questions relating to the allegations unless you first speak with an attorney.  Remember, anything you say can and will be held against you.

2. Exercise your right to an attorney.  Tell the officer/investigator that you wish to speak to an attorney.  Then hire a criminal defense attorney.  If you cannot afford an attorney, request a public defender.  This must be done by asking a judge and defendants are generally required to fill out an affidavit showing proof that the defendant is indigent.

Your attorney will explain your additional rights, including:

3. Right to confront and cross examine all witnesses who will testify against you.  Additionally, you have the right to see all evidence that they intend to provide.  This includes witness statements, forensic evidence, video evidence, lab tests as well as exculpatory evidence which the state may possess that would tend to show that you are not guilty of the offense.  

4. Right to trial, by jury.

5. Right for the state/commonwealth to prove you guilty beyond a reasonable doubt.

6. Right to produce evidence you may have to prove your innocence.

7. Right to reasonable bail while awaiting trial.  This may be tricky and varies based on the charges, risk of flight and risk of danger to the community.

8. Right to appeal a conviction.

If you are charged with a crime, contact an attorney.  For a consultation in Boone, Campbell, Kenton or Hamilton County, call Michael Bouldin at 859-491-2206 or email to mwbouldin2@gmail.com.

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How Long Can Grand Jury Consider My Case?

Posted on June 8, 2015 in General Criminal Law Issues - Northern KY

In Kentucky the grand jury generally will consider your case up to 60 days after it has been bound over following a preliminary hearing.  That said, there is no requirement to indict within that time, but there are some safeguards if an indictment is not forthcoming.

If the grand jury does not indict within 60 days of the preliminary hearing, the defendant is required to be released without bond.  If the defendant is already out on bond, the bond is required to be returned to the surety.

This question becomes more interesting as time progresses and the Commonwealth continues to BUILD their case.  The investigator or Attorney for the Commonwealth may be awaiting blood results before deciding how to indict a vehicular homicide case.  The Commonwealth may seek additional evidence such as a blood sample, DNA or voice or handwriting sample in order to determine if the Defendant is properly charged.

There is very little law on the subject and a criminal defendant may await indictment for long period of time.  The range of options varies, but may include request to testify at Grand Jury proceedings or dismissal of the charges.  Due to the fact that Kentucky law does not have a statute of limitations for felony crimes, there is no speedy trial until after an indictment is made.

The Sixth Amendment to the U.S. Constitution guarantees the right to speedy trial. This is reiterated in the Kentucky Constitution under Section 14 of the Preamble.  An interesting case may be made regarding your right, as well as the necessity to file a demand for speedy trial.  If you are awaiting trial, it may be necessary to first demand the trial occur in a speedy manner.

If you have questions about criminal law and your rights, contact Michael Bouldin at Bouldin Law Firm.  120 West Fifth Street in Covington, Kentucky.  Email at mwbouldin2@gmail.com. Call 859-581-6453 (581-MIKE).

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