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January 2010 Archives

What is Statute of Limitations for Felony?

In Kentucky, there is no statute of limitations for any criminal felony prosecution. Just this week there was a prosecution in Owensboro, Kentucky for a rape which occurred 25 years ago. As an attorney in Northern Kentucky, I can say that there are not a lot of prosecution of these types of case, however they do occur. I actually represented the victim in this case and was called as a witness for the prosecution. The 77 year old defendant was convicted and the jury recommended a 20 term of imprisonment. If you have committed a crime and believe that you may be a subject of investigation, you should contact an attorney as soon as possible and prior to discussing with the authorities. In Northern Kentucky, contact Michael W. Bouldin at mwbouldin@fuse.net or 859-581-6453.

Can I Enter Canada If I Have a DUI?

Probably not! As a Northern Kentucky DUI and criminal defense attorney I recently had a client who flew into Canada and was turned away by the Canadian authorities because he had a DUI pending in Boone County, Kentucky. Clients seeking to travel to Canada with pending crimnal matters or convictions from the U.S. require unique advice. With the Olympics pending, many US citizens are likely to be suprised when they seek entry into Canada; and are likely to be extremely disappointed if/when they are turned back at the border. Almost everyone takes entry into Canada for granted, therefore it is important to consider several issues relating to entry to Canada. The Canadian Customs and Immigration Officers have ultimate authority to permit and deny anyone entry to Canada. No one has an automatic right to enter Canada. However, most people if they have no criminal record are allowed entry. A DUI in Canada is a felony punishible up to 5 years and therefore an excludable offense under the Immigration Act. Anyone with a conviction in the United States that is treated as a felony or indictable offense in Canada is excludable from Canada, but even if the offense is not a felony or indictable offense in Canada, Customs and Immigration Officers have ultimate authority to permit and deny entry to Canada. Almost all convictions (including DUI, DWI, reckless driving, negligent driving, misdemeanor drug possession, all felonies, domestic violence, assault, shoplifting, theft, etc) can make a person inadmissible to Canada, regardless of when they occurred or if they are pending. If you are planning a trip to Canada for the Olympics (or otherwise) and you have a DUI pending or conviction, you should first contact an attorney and see if you can obtain documents which would permit your entry. In Northern Kentucky, you may contact Michael W. Bouldin at 859-581-6453 or mwbouldin@fuse.net.

Can You Beat A DUI In Northern Kentucky?

Absolutely. I am an attorney and have been practicing DUI and criminal defense law in Northern Kentucky and Cincinnati for over 15 years and have represented many clients. Every case is unique and presents opportunities to defend the charges. Just last week I represented two DUI defendants in Boone County trials. Both cases went to trial and both had some questionable facts. One driver was convicted and sentenced to the minimum fine and no jail time. The other driver was acquitted even though the initial facts seemed daunting. The vehicle ruptured both tires after hitting a curb and the driver had a breathalyzer result of .093. The breathalyzer was over the legal limit of .08. The breathalyzer was suppressed due to the officer not following procedures. After the breathalyzer was suppressed, the case proceeded to a trial. The officer admitted that the defendant passed one of the field sobriety tests but he believed that she failed the other tests. Thorough cross examination showed some of the flaws in his investigative techniques and testing procedures. The driver also provided testimony contradicting the officer's statements. Ultimately the driver was acquitted and found not guilty of the DUI. While there are no guarantees, these results are not uncommon. Many people only realize the defenses available after consulting an attorney. My name is Michael W. Bouldin and I represent people charged with DUI and other crimes in Northern Kentucky. If you have been charged with DUI or any other crime, contact me at 859-581-6453 or mwbouldin@fuse.net.

Are Misdemeanor Criminal Charges Serious?

ALL criminal charges are Serious! Whether you are charged in Northern Kentucky, Cincinnati, or any other jurisdiction, criminal charges can seriously affect many of your rights, including your freedom. An A Misdemeanor in Kentucky is punishable by up to $500 fine and 12 months of incarceration. If you think that a misdemeanor is not serious, consider spending the next year in jail. Even seemingly innocuous charges, or cases that you can simply pay a fine, are criminal and paying the fine will be the same as pleading guilty to the charge. These charges will be placed on your criminal record. In these tough economic times, many employers run criminal background checks and those often become a basis for hiring one candidate over another. Additionally, criminal convictions can be used against you in future criminal cases, traffic offenses, divorces, and child custody disputes. Criminal defendants should know their rights before proceeding. In Northern Kentucky, if you pay a fine or otherwise plead guilty, you will likely not be able to have the charges expunged and removed from your record for at least 5, and generally 7, years. If you have questions about any criminal charges, you should contact Michael Bouldin at the Bouldin Law Firm by calling 859-581-6453 or email at mike@bouldinlawfirm.com.

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