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July 2012 Archives

Federal Hate Crime for Attack on Gays

From the AP news wire, an eastern Kentucky man charged with a federal hate crime in an attack on a gay man is challenging the law that protects people against attacks motivated by sexual orientation.   The attorney for 20-year-old Anthony Ray Jenkins of Partridge says the law "arbitrarily" creates a protected class of people and that's not what Congress intended in passing the legislation in 2009.  Anthony Jenkins and his cousin, 37-year-old David Jason Jenkins of Cumberland, have pleaded not guilty to charges of kidnapping, assault and violating the hate crime law. Prosecutors say the men assaulted Kevin Pennington at Kingdom Come State Park on April 4, 2011. Prosecutors say the men are the first to be charged under the hate crimes statute. If convicted, they face life in prison. Apparently this charge is in Louisville from the federal court in the Commonwealth of Kentucky. One primary question that the Courts will face is whether it is constitutional to protect a certain class of individuals.  At its essence, it is worse to kidnap and assault a gay person than any other person?  Should the punishment for an assailant of a gay person therefore be more severe than if you assail a non-gay? Another issue to be explored is whether the Defendant knew, should have known, or how the prosecutor will prove that it was, indeed, a hate crime.  Can the prosecution simply state it was a "hate crime" because the victim is gay?  Is it required that the victim be gay?  What if the victim is not gay, but the assailant believes him to be? The problems are numerous with this type of legislation. While it is politically correct to protect those that are unable to protect themselves (are gay individuals really unable to protect themselves or less able than anyone else?), the practical application of this type of law is both confusing and difficult.  Of course, this could lead to all types of debates on gay rights, special rights and the like.  The point of this blog is not to advocate for a position on gay rights, but to point out the problems with federal criminal legislation that modifies the punishment for a certain class of individuals. If you have been charged with a crime in federal or state court in the Commonwealth of Kentucky, contact a criminal defense attorney for advice.  For a consultation in Northern Kentucky or Cincinnati, contact Michael W. Bouldin by calling 859-581-6453 or email at mwbouldin@fuse.net.

What Do I Look For In Criminal Defense Lawyer?

  Criminal defense work is often difficult as you are dealing with the most essential of freedoms. Many  clients are at a very low point when they first come to to speak with attorney as they have either been charged with a crime or are accused of committing a crime. In this blog I've decided to post some pictures, first of me while not on the job, just hanging with my wife.  I've posted this only to show that I am a real person and not a corporate suit (although I often wear very nice apparel, especially while in Court). In evaluating attorneys, many people only look at the cost.  Unfortunately the cost is the last thing you should consider since you are going to court to defend your rights and plea for your freedom.  In evaluating attorneys, consider these points: (1) experience; (2) personality; (3) case load;  and (4) cost.  Each of these has many subcategories.  (1) Experience should be the amount of time in practice, but also includes experience handling the sort of legal concern with which you are charged.  Experience also includes working the particular jurisdiction, courts, experience with the specific judge and juries in the area. (2) Personality is how well you trust your attorney.  His personality must be that you can trust will give it to you straight; trust that he will best represent your interest in court AND in chambers.  Since much of criminal defense practice involves plea negotiations as well as private discussions, you must be assured that your interests will be represented when outside of court and in those private discussions.  Finally, the personality must be that the attorney can convince a judge or jury of your version of the facts. (3) Different attorneys can handle different amounts of case loads.  The real concern is to assure that the attorney handling your case has sufficient time to handle your case.  Well versed criminal defense lawyers can often handle many cases at one time. (4) Cost is last.  The cost is generally based on the nature of the crime and complexity of the case and should be commensurate with the experience.  More expensive is not always better, but sometimes the cheapest attorney is either just beginning or has already assumed that your case is a simple guilty plea. Hire an attorney who you trust.  Your life and freedom likely depend on his ability to represent you.  If you have questions, concerns or wish to schedule a consultation in Cincinnati or Northern Kentucky, contact Michael W. Bouldin at mwbouldin@fuse.net or call 859-581-6453 (581-MIKE).  

How Do You Practice Both Criminal and Domestic Law?

As a practitioner in Northern Kentucky, I am often asked what type of law that I practice. After 18 years and many different and unique legal experiences, my primary areas are in criminal and domestic areas. I do handle other cases on an individual basis as I believe that a good litigator can successfully Many attorneys do concentrate on one area specifically. The two areas that I spend a majority of my time do have a good deal of overlap. Child support, assault and domestic violence, kidnapping, custodial interference and custody all delve into areas in both criminal law and domestic relations (aka family) law. EPO and DVO cases as well as Juvenile law are really in between criminal and family law. Some cases where a parent is accused of sex or physical abuse may be considered in three (3) different courts; all with different standards and different agendas. Criminal cases involve assault, drug possession, DUI, and a litany of other crimes from rape and murder to harassment and prostitution.  Criminal cases are charged as felonies, more serious crimes, or misdemeanors.  Misdemeanors are crimes punishable by up to 12 months in jail. Family law, or domestic, cases generally involve custody, paternity, child support, divorce and dissolution. Asset division, parenting time, marital and non-marital property and spousal support are often involved in family law cases. If you have questions regarding a family law, criminal law, or something rose odd or in between, speak with a professional. In Northern Kentucky, contact Mike Bouldin by email at mike@bouldinlawfirm.com or call 859-581-6453.

New Kentucky Laws 2012

Kentucky has enacted over 100 new laws which took effect in June, 2012. New limits on pseudoephedrine purchase maximizes a person's to 7.2 grams per month and 24 grams each year. The intent is to curb the manufacture of methamphetamine. The reality is that families with a number of allergy sufferers will now have to seek prescriptions for the drugs. The new limit will typically prevent buying two packages of allergy medication each month. Another law increases law enforcement access to KASPER as well as mandates that additional regulations be passed regarding pain management clinics. Before it begins, I cannot mandate that a pain management physician treat or prescribe medication for you. Also new is tougher penalties for seat belt violations. Wow, talk about tough on crime! It requires sear belts on vans carrying up to 15 passengers. This, an obvious response to a van crash last year that killed 11 people. Noticeably missing, at least to me, is requirement that school busses have seat belts. Kentucky considered a bill which would allow for medical marijuana. It did NOT pass. It remains illegal to possess marijuana anywhere in Kentucky for any reason. If you have questions regarding criminal law or need to counsel with an attorney call Michael W. Bouldin at 859-581-6453. I cannot answer all KASPER questions other than if you were charged with a crime. Schedule an appointment by calling Emily at my office or email at mwbouldin@fuse.net. 859-581-MIKE Kentucky did consider a medical marijuana exception. It did NOT pass. It is still illegal to possess marijuana in Kentucky.l for any reason.

Fourth of July DUI

Throughout the United States the Fourth of July weekend is notoriously the busiest time of the year for DUI arrests.  Throughout Northern Kentucky and Cincinnati, the law enforcement is out in record numbers to assure the safest holiday travel.  The other reason is it is generally an easy time to make many arrests.  If you are traveling through, a DUI can be especially daunting in dealing with courts, travel, cost and defending the action from afar. There are a number of factors that contribute to the high rate of arrests and stops during this week.  First, July is typically a hot month in which people consumer cold beverages.  Many adults partake in beer or other alcoholic beverages as their cold beverage of choice.  Second, there are many parties, festivals, picnics, and community activities both on July 4th as well as the weekend either before, during or after the actual July 4 date.  In 2012, Independence day happens to fall on a Wednesday, making both the weekend prior and the weekend after prime for parties, festivals, boating, picnics and fireworks.  Contributing to the high rate of convictions, is the fact that may people simply plead guilty and others have too much difficulty defending the case from out of town. This particular time of year is also very big for the boating community.  Police and water safety officers come from Newport, Cincinnati, Covington as well as Kenton, Hamilton, Campbell and Boone Counties.  Each year the number of boating DUIs increases as patrol has also increased.  Boating DUI or OVI can have significant impact on not only your boating license, but also a driver's license, insurance and penalties associated therewith. If you have been arrested or charged with DUI in Kentucky or OVI in Cincinnati, contact an experienced DUI attorney at your earliest convenience.  If you have questions or wish to schedule a consultation, contact Michael W. Bouldin at mwbouldin@fuse.net or call 859-581-6453. I have experience in dealing with out of town clients who wish to defend their case and uphold their rights.  I can also aid clients from other states in dealing with licensing issues as well as rescheduling and minimizing court appearances.  

public indecency at PBS

So I was at Tim McGraw and Kenny Chesney show last night at Paul Brown Stadium in Cincinnnati. Some dumbass thought he was gonna get lucky with his girl and had his dipstick out... 5150 someone told the po-po!  Nice escort out.  Wish I could erase that image.

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