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September 2010 Archives

Do Attorneys Have To Dress Up?

As a practicing attorney in Northern Kentucky I loathe when attorneys do not dress appropriately; this is not only the proper courtroom attire but to dress for success. I strive to dress in a way that not only shows proper courtroom attire - necktie and jacket, but also emits an air if success. While the standard attire may be a blue two piece suit, white shirt and a tie, this "uniform" is often boring. No offense, as this is great for P&G executives and big firm corporate types. There is no disrespect in wearing a pink shirt and tie with a beige windowpane suit. I believe that a lawyer should stand out. A criminal defense attorney should attempt to command the courtroom. In trial, one main job of the attorney is to convince the jury that your version of the case is the one with which they should agree. The jury needs to "buy" the story being told. An attorney should dress for success. If you are hiring an attorney, you should be paying for the best. If not, why not? I have never understood the potential client who chooses their attorney based on the lowest fee. Pay for the best and get the best. Your attorney should look like the best attorney in the courtroom. It is a prelude to the performance. If you are in need of any attorney and agree with this ideal, contact Michael W. Bouldin at 859-581-6453 or mwbouldin@fuse.net. To learn more about Michael Bouldin, visit my website at www.bouldinlawfirm.com.

Who Is Eligible For Diversion?

In Kentucky a first time offender for non-violent crimes may be eligible for entry into a Diversion Program. The requirements vary by county but generally are available for misdemeanors and non-violent class D Felonies. These crimes are generally possession of controlled substances, marijuana, minor theft offenses and possibly child support. Diversion is not automatic and a criminal defendant will not be eligible without the concurrence of the prosecutor. There is a requirement that the prosecutor agree with the proposed resolution to the matter. To that end, it is greatly beneficial to retain an attorney despite that you may believe you should be entitled to diversion. An experienced criminal defense attorney can walk a defendant through the process and use experience, knowledge and prior dealings to assure that the defendant gets the best deal possible. Successful completion of the diversion program generally allows for dismissal of the case and likely will result in the ability to expunge the charge from your record. If a defendant fails to complete diversion the consequences vary based on whether the case was a felony or a misdemeanor. In felony cases, a defendant must enter a "guilty" plea in order to be accepted. As such, a violation will place the defendant in jeopardy of institution of a prison sentence or termination from the diversion program. In misdemeanor cases, there is no plea and termination from the program will return the defendant to court where he may choose to plea or take the case to trial. If you have been charged with a crime and believe that you may be eligible for Diversion, contact an attorney to represent your interests. In Northern Kentucky, contact Michael W. Boudin at mwbouldin@fuse.net or 859-581-MIKE (6453).

What Can I Do If Arrested with Cocaine?

If you are arrested with cocaine, heroin or any other controlled substance in Northern Kentucky or Cincinnati, you should first contact an attorney prior to making any statements to the police. Any statements will likely be admissible in court and can lead to more serious charges such as trafficking in a controlled substance which is a C Felony and punishible from 5-10 years in prison. If a defendant makes statements those statements can and will be used against the defendant in subsequent hearings. A person who possesses cocaine is best to refuse to make any statements at all!! Whether cocaine is crack or powder makes little difference other than the net weight of the substance. An accused is afforded the right to an attorney upon arrest. An attorney may be able to have statements or evidence suppressed and many of those issues can be raised at the preliminary hearing. If a defendant is indicted, an attorney may be able to negotiate a better plea deal (plea bargain) if the defendant admits to his behavior and agrees to seek treatment for drug abuse. If you have been charged with possession or trafficking of a controlled substance in Cincinnati or Northern Kentucky, including cocaine, heroin or prescription narcotics, contact Michael Bouldin at 859-581-6453 or mwbouldin@fuse.net.

Can I Get Help for Labor Day RiverFest Arrest?

Many Labor Day and RiverFest attendees in Northern Kentucky find themselves in criminal hot water following the holiday festivities. If you were arrested in Newport, Covington or Cincinnati, contact an attorney immediately to represent your best interest. Having practiced law for nearly 16 years in the area, it is very common for otherwise law abiding citizens as well as travelers from out of town to end up with DUI, disorderly conduct, alcohol intoxication, public intoxication as well as many other criminal charges. While a number of those charged will simply plead guilty, it is a wise defendant who retains a lawyer to represent their interest. First time offenders may be available for the diversion program or many other options which may prevent a criminal conviction and permanent criminal record. While the police often overlook minor incidents, they also often arrest the wrong individuals following a fight or other disturbance. Out of town visitors may also be placed in a very difficult position following a weekend in greater Cincinnati. There are many crimes which require physical appearance in court; if you obtain counsel you may not have to appear. An experienced attorney who works within the system may be able to avoid your attendance for minor misdemeanors such as failure to disperse, possession of marijuana and open container. If you have been charged with a crime in Boone, Campbell or Kenton County, call Michael W. Bouldin, attorney at 859-581-6453 or email at mwbouldin@fuse.net.

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