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August 2010 Archives

How to Choose an Attorney?

If you are looking for a criminal defense attorney to represent you in Northern Kentucky or Cincinnati, you should first consider a number of factors. Unfortunately, most defendants start with price, which is the last thing you shoudl consider. If price is the major concern, a defendant should first consider whether they are eligible for representation by a public defender, or public advocate. In deciding an attorney, the first thing that should be considered is the reputation and experience of any attorney. Whether the attorney has handled the type of charges which you are facing and then discuss likely resolutions and how/why your case may differ from other similar cases. When meeting with an attorney, be sure to ask what defenses may be available. A lawyer should discuss with you how you may win the case and what the likelihood is of an acquittal. The criminal defense lawyer should also talk about the possibilty of a plea bargain and should explore alternate options by discussing with the prosecutor. There are a number of things that an attorney may present to the prosecutor in negotiating a plea deal. Those include: the nature of the crime, possible defenses and suppression issues, the defendant's criminal history, mitigating factors such as the defendant's family, work history, job, school, prospects of future, rehabilitation, treatment and impact to the victim should be considered. Finally, make sure that you are comfortable with your choice of attorney. If you are not confident that he/she is doing everything they can to represent your interest, go elsewhere. This may be one fo the most important decisions you make. Obviously, you should discuss price and costs with your attorney, but do not make it a deciding factor. If you wish to talk to an experienced criminal defense attorney in Northern Kentucky, contact Michael Bouldin at mwbouldin@fuse.net or call 859-581-6453. Mike has over 15 years experience representing criminal defendants in Northern Kentucky and Cincinnati and is licensed in both Kentucky and Ohio as well as Federal Courts.

Do I Have to Serve Jail Time for DUI?

If a person is convicted for a first offense DUI in Northern Kentucky, the only mandatory jail sentence is if it is a conviction with an "aggravator." Kentucky has also changed one of the aggravators from having a blood alcohol concentration (BAC) > .18 to .15. If a person is convicted with an aggravator, the minimum jail sentence is 4 days. In Cincinnati or elsewhere in Ohio, there is a mandatory 3 days of incarceration (or alternatively in a DIP - Driver's Intervention Program). If convicted with an aggravator, there is a mandatory 6 day incarceration. In Ohio, the "high tier" limit for double jail time is a BAC > .17. A person charged with a DUI in Northern Kentucky or Cincinnati should contact Michael Bouldin at mwbouldin@fuse.net or 859-581-MIKE (6453). The best way to minimize or eliminate jail time is to hire an experienced DUI attorney.

Who Answers Criminal Law Questions?

In Northern Kentucky, there are many resources if you have a question about criminal law or a case in particular. If you contact an attorney, you will likely get the best answer to a specific legal question. Kentucky Revised Statutes provide the basis for a charge with Criminal code beginning at KRS 431 and following, DUI at KRS 189A, and controlled substances at KRS 218. Questions on blogs or FAQ pages do provide some general information, however each case has specific nuances which give a criminal defendant potential options in defending a case. Most people know that if the police do not read you your rights, statements may be inadmissible in a trial. Most defendants do not know in what specific instances this applies (i.e. custodial interrogations). Specific questions may be submitted on this blog, however it may take time to respond. If you have an immediate question or need representation, contact Michael Bouldin at 859-581-MIKE (6453) or directly via mwbouldin@fuse.net. Initial consultations regarding criminal defense are generally free. Do NOT go into court without counsel. It is also generally a bad idea to submit to police questioning without an attorney.

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