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June 2010 Archives

What is Treatment In Lieu?

In Cincinnati and other Ohio jurisdictions, the term is used so that some criminal defendants can get treatment in lieu of conviction. Kentucky does not use the term "treatment in lieu", however the idea of a person receiving treatment and being placed on felony diversion is very similar. Ohio has statute 2951.041, Intervention in lieu of conviction, which allows for a court to permit a criminal defendant facing specific charges to receive treatment instead of facing a trial and conviction on the matters. Treatment in lieu of conviction is typically utilized for persons charged with first offense drug possession and some alcohol related charges. Typical drugs which may be included are heroin, cocaine, crack, marijuana and prescription narcotics. The option of treatment in lieu of conviction allows the person to complete the drug treatment while serving a period of probation and the motion must be made prior to entry of a plea. If successful, the defendant is released from further obligations and the charges are ultimately dismissed and capable of being expunged. The similar method to dealing with these types of charges in Kentucky is for the defendant to plead guilty and enter into a felony diversion program. If the person successfully completes the program, they can have the charges dismissed. Treatment in Lieu of Conviction as well as Felony Diversion may be offered to first time offenders charged with drug possession. As with any criminal charges, a more experienced criminal defense attorney can give the defendant the best chances at a favorable resolution to the case. If you ahve been charged with drug possession or any other crime in Northern Kentucky or Cincinnati, contact Michael Bouldin at 859-581-6453 or mwbouldin@fuse.net.

What is a Federal Crime?

In virtually every jurisdiction a crime can be charged under a state law or under a similar federal law. The Northern Kentucky area is no different with the Federal District Court located in Covington in Kenton County. Federal crimes must be a violation of federal law and must concern or be involved with an "interstate" action. That is, there must somehow be more than one state involved. The decision on whether to charge as a state or federal crime may be based on the facts and applicable law, the investigative agency or a decision by local prosecutors. Certain crimes such as harboring illegal aliens and mail/wire fraud are only federal crimes while other crimes such as kidnapping, drug trafficking and theft or embezzlement may be chaged under state or federal laws. The agency involved may determine whether federal charges are filed. If a crime is investigaged by the FBI, INS, Secret Service or other federal agency, generally federal charges are brought. Drug and embezzlement cases are often result in federal charges if they are of a larger quantity or amount and involve multiple states. Often criminal cases are handled very differently in federal versus state court. A defendant may be invetigated or a target of an investigation long before a formal charge is made. Many times an attorney can negotiate the charges, culpability and even a sentence prior to an arrest in federal jurisdictions. If you have committed a crime or are under investigation or have been charged with a crime, you should contact an attorney who defends federal criminal cases. In Northern Kentucky and Cincinnati, contact Michael Bouldin at mwbouldin@fuse.net or 859-581-6453.

Can I Be Taken to Jail for Minor Misdemeanor?

Yes. In Northern Kentucky as around the state, an arresting officer has the choice of whether ot arrest or issue a citation to an individual charged with misdemeanors, even minor misdemeanors. The decision is often based on the attitude and cooperative nature of the person being charged. As an experiencd criminal defense attorney I can usually infer the defendant's attitude based on the number of charges as well as whether the person was issued a citation or arrested on the charges. Most individuals with charges such as Possession of Alcohol by a Minor, Alcohol Intoxication, and Open Container are typically issued a citation. If their attitude is one of defiance or uncooperation, they may be arrested. If their defiance continues, they may face additional charges of Disorderly Conduct, Resisting Arrest and/or Failure to Disperse. These additional charges create more problems than the original charges. Good advice is to be respectful and courteous to the police officers, even if you believe they are wrong. If you have been charged with a crime in Northern kentucky, contact Michael Bouldin at 859-581-6453 or mwbouldin@fuse.net

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