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June 2011 Archives

Are There Any Nice Rehab Inpatient Centers in the Northern Kentucky-Cincinnati Area?

There are many issues, both legal and practical, in dealing with executives, professionals and athletes which may vary from the "run of the mill" criminal client. If you or someone you know is in need of alcohol or drug rehabilitation, there are many options, however very few that cater to the wealthy. A criminal defendant in Northern Kentucky and Cincinnati faces a number of obstacles, among them is where they may be able to get treatment for addiction. An experienced criminal defense attorney may suggest rehab for a client facing possession charges in either state. Most treatment centers are outpatient facilities which is often the first attempt towards sobriety. While noble in their quest, the rate of success for outpatient is roughly half of the success rate for inpatient facilities. The major reason is cost: insurance and courts will pay only for outpatient for a first attempt and many insurances do not cover inpatient care. Also, there are very few beds available for inpatient care. Many professionals can afford better private care... wherein steps The Ridge. Recently opened in Batavia, The Ridge is a high end rehab center focusing on drug and alcohol addiction. The Ridge is not your average rehab center. The Ridge sets on a 50 acre piece of property and boasts a swimming pool, tennis court and a private chef to prepare all meals. The environment is completely structured from 7:00 a.m. until 11:15 p.m. (bedtime) and generally starts with a 28 day stay in their facility. The daily routine includes participation in AA/NA meetings as well as group and individual therapy and adherence to the 12 step program. Also included is a full medical workup for both physical and mental health and stay includes full time medical staff of physicians and nurses. Followup is conducted through their outpatient partner at Northland in Milford. If you have been charged with felony possession of controlled substances, heroin or cocaine or other narcotics, and you are in need of treatment, consider The Ridge for inpatient stay and contact a criminal defense attorney who knows the needs of executive clients.

Will a DUI Arrest Affect My Out of State License?

If you are arrested for DUI in Kentucky and have an out of state license, your license will likely be affected. If you are convicted, it is automatic that your license in the home state will be affected. Similarly, if you are a Kentucky driver and are convicted of DUI in another state, it will affect your license. If you are an Ohio driver and are convicted in any other state, Ohio will automatically suspend your license for 6 months. That can be shortened to the actual length of suspension from the issuing state. Furthermore, work privileges must be granted by the Ohio County in which you reside. States vary and some may require you to undergo DUI counseling and/or pay reinstatement fees in addition to the requirements from the sentencing Court. If you are a Kentucky driver arrested for DUI in Ohio, Ohio may physically take your license; particularly in cases where the breathalyzer is refused or the results are over .17. If you are an Ohio driver arrested in Kentucky, Kentucky will suspend your privileges to drive in Kentucky but will wait for Ohio to do their own suspension. In cases of refusal of the breathalyzer, the court will suspend those privileges prior to trial. Moving from one state to the other while under a DUI suspension is a very tricky proposition. I have represented a number of clients who think that they are going to "get away" with something by moving to another state. When the new state sees that you have a DUI, they will not issue a license until it is clear from the sending state. To complicate matters, you may not be able to get your license in the original state returned since you no longer reside in that state. If you have further questions, you can ask questions to this blog. For more specific answers, consult with your own attorney. The attorney you hire must practice in the state of the offense. Often it makes sense to discuss with an attorney who is licensed in both states or who has dealt with this issue previously.

Can the FBI Simple Give Themselves More Power?

Federal criminal defendants may soon ask: What does the new FBI rules mean to future criminal defendants in Cincinnati and Northern Kentucky? The FBI has declared that the agents now have significant new powers which allow them leeway to search databases, go through household trash and use surveillance teams without opening an official investigation. The Full story is available by clicking link to MSN/NY Times article. The new rules give agents power to investigate where there is insufficient suspicion to obtain a search warrant and can be based on behavior of potential defendants. Amendment IV to the United States Constitution states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." While the new FBI policy seems clear, the end result and ultimate legality of these searches remains unclear. The Fourth (not First) Amendment still remains viable and secures persons against unreasonable searches and seizures. Whether the new FBI investigative techniques are a violation of the Fourth Amendment is a question for the various Courts to answer. If a Court determines that the investigation was beyond the bounds and violates the 4th Amendment, evidence discovered may be suppressed in a criminal trial. Whether you have a Federal charge wherein the FBI used these new search techniques or you have a state case in Kentucky or Ohio and you do not agree with the charges, you should discuss with your criminal defense attorney. If you have been arrested or charged with a crime, you should contact an attorney to protect your rights. If you believe that the search and seizure of evidence is in violation of the 4th Amendment, you should challenge the government in trial. For a consultation in Cincinnati or Northern Kentucky, contact Michael W. Bouldin at mwbouldin@fuse.net or call 859-581-6453.

What If I Don't Have Money To Hire A Lawyer?

In Northern Kentucky, as elsewhere around the county this is unfortunately one of the most often asked questions in the legal field today. If you are in criminal trouble, you are entitled to a lawyer to be appointed if you cannot afford an attorney. This is only the case after the court has made a determination, based on the Defendant's affidavit, that the Defendant cannot afford counsel. If the person has assets or a job, the Court is not required to appoint counsel. A Public Defender, also known as Public Advocate, may be appointed if you qualify. More importantly, if you are the subject of an investigation or you may be charged, there is no right to counsel... only the right to remain silent. If you are trying to determine whether to cooperate with the police or whether to remain silent, you must hire your own attorney to assist in making that determination. If you can afford bond, there is a presumption that you can afford to hire your own attorney. In Kentucky, the attorney may request a Bond Assignment. This is used if you do not have the money to both bond out and pay the attorney. The bond will be released to the attorney at the conclusion of the case instead of being returned to the surety. Other avenues which I often suggest to clients is to ask for help from friends and family. Many times family will be willing to aid with legal fees regardless of how mad they may be that the Defendant put himself in a bad position. Additionally, friends, particularly those who may have been involved with issues leading to the arrest, may be willing to assist in the cost of the legal defense. For more information, see my website. Finally, do not forget that many attorneys will accept credit cards. My office accepts MasterCard, Discover, Visa and American Express (AmEx) in order to facilitate clients paying their legal fees. If you need to discuss your case with an attorney, contact Michael Bouldin at mwbouldin@fuse.net or call 859-581-6453.

What If I Get Arrested for Possession of Controlled Substance (PCS)?

If you are arrested for possession of a controlled substance, commonly PCS, in Northern Kentucky you should hire an attorney as soon as possible to assist in your defense. After arrest, you will be arraigned the next Court date and are entitled to a preliminary hearing within 10 days and the case is usually set in that time period. PCS is a felony charge and should not be taken lightly as punishment may be up to 5 years of imprisonment. While there is very little chance of "winning" at a preliminary hearing, there is a great amount of work that an attorney can do which may aid in your defense. First, if an actual hearing is held, the attorney may be able to ferret out issues which can be preserved for suppression of the controlled substance. The preliminary hearing is also referred to as a probable cause hearing because that is the standard for the Judge to refer the case to the Grand Jury for further consideration. There are also times when there may be an opportunity for the attorney to negotiate a misdemeanor plea bargain in certain cases. Those vary by county and sometimes by prosecutor, but a local attorney may have some insight into the court, prosecutor and judge in your case. Those types of cases may involve a bad search which the prosecution team does not want to come to light, multiple passengers in a vehicle charged with the same offense, or they may involve only trace amounts of the controlled substance. Also, what drug is the controlled substance may have an effect on any plea deal. If you are looking for an attorney in Northern Kentucky - generally Gallatin, Kenton, Campbell and Boone Counties - you may contact Michael Bouldin for a telephone consultation. A more formal consultation can be made at that time. If you wish to retain counsel for an inmate, the attorney will generally meet the inmate in the jail. Michael W. Bouldin can be contacted at 859-581-6453 (581-MIKE) or mwbouldin@fuse.net.

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