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September 2012 Archives

Expunge DUI in Kentucky

Northern Kentucky courts and prosecutors have modified the DUI expungement procedure and policies.  Most district courts have changed direction in the past 2 years and now permit expungement of DUI records.  The parameters of expungment remain the same.  The person must wait 5 years after the termination of any probation period.  During that 5 year period, the defendant cannot have any new criminal or DUI convictions. Call 581-6453 to see if you qualify to have your DUI expunged.  If you have been convicted of a DUI more than 5 years ago, you may be eligible for expungement of the conviction.  You should contact an attorney to assist you with the procedures.  Local knowledge is helpful to get through the process as quickly and efficiently as possible. Further, the relative cost of an expungement is very small compared with the savings and opportunities of not having a DUI on your permanent record.  For a long time the prosecutors would oppose expungement of a DUI, however that has changed as the law does permit the charges to be expunged. There is a fee associated with the expungement in addition to the legal fees.  Also, defendants are required to obtain and attach a criminal background check when applying for the expungement. If you have questions or wish to apply for expungement in Northern Kentucky, contact criminal defense and DUI lawyer Michael W. Bouldin at mike@bouldinlawfirm.com or call 859-581-6453 (581-MIKE).  Consultations are free and fees are usually quoted over the telephone.

What is Crime Trafficking Marijuana?

Trafficking of controlled substance in Kentucky is generally a felony, however when the drug is marijuana it may be charged as either a misdemeanor, or a felony under certain circumstances.   Hiring an experienced criminal defense attorney is the best bet to have the charges reduced or to obtain a favorable result.  The basic crime of trafficking of marijuana is a misdemeanor, however the crime can be charged with a felony if any of the following: 1) If the amount of marijuana seized is over 8 ounces., the charges become a Class D felony; 2) If the crime occurs within 1000 feet of a school then the charges become a Class D felony pursuant to KRS 218A.1411; 3) If the Defendant has previously been convicted, it is a second or subsequent offense, the charges become a Class D felony; 4) If the amount of marijuana is over 5 pounds, the charges become a Class C felony, punishable by 5-10 years in prison. KRS 218A.1421 also states that if the defendant possesses over 8 ounces of marijuana, that alone is sufficient to charge, and is prima facia evidence of, intent to sell or transfer. If you have been charged with trafficking of controlled substance, possession of controlled substance, trafficking marijuana, or possession of marijuana in Kenton, Campbell, Boone or Hamilton County, contact Michael W. Bouldin at mike@bouldinlawfirm.com or call 859-581-6453 , remember it by 581-MIKE, for a consultation.  For more information on Michael W. Bouldin, you can read in this Blog or visit website.

Girl Gone: Very Good Novel Legal Thriller

Nick Dunne and Amazing Amy are the primary characters in this thriller by Gillian Flynn but the story is that of a man framed by his wife for her murder.  Instead of divorce, Amy decides to frame her husband for murder when she finds out that he has cheated on her with a much younger, Andie. Of course, for me, Tanner Bolt provides the most insight into the practice of criminal defense.   Very poignantly Tanner states that change of venue is irrelevant in today's society where media is everywhere.   Tanner's insight into the mind of the jury is very relevant for high profile cases.  The high profile case from Cincinnati is heard throughout the state of Ohio.  Moving a case from Cincinnati to Butler County may prove nothing more than inconvenient. The other interesting piece of Tanner Bolt's anticipated defense is that the truth may be too complicated for a jury.  While I personally believe that juries are very intelligent and can follow a complex defense, there may be some truth to the fact that in today's now information age, a defense needs to have a tagline.  If you expect a trial to take place in an hour, like most television shows, it is now very difficult to hold the rapt attention of 12 jurors for a trial that extends longer than 3 days. Furthermore, to assume that there are jurors that do no independent research or ask no online questions, is unlikely. If, in fact, you do have a jury that is comprised of people who do not look online, is that still a jury of peers.  Often these cases are won or lost in the time with the media leading up to the trial. Northern Kentucky and Greater Cincinnati is no different than the rest of the world with media coverage.  The Ryan Widmer trial is a prime example of how cases go awry and the media perception takes over.  If you have been charged with a serious crime in Northern  Kentucky or Cincinnati, call Michael Bouldin for a consultation.  Call at 859-581-6453 or email at mike@nky-criminal-defense-lawyer.com. If you want to read a good thriller with but a little of legal insight, Girl Gone: A Novel by Gillian Flynn held my attention for the few days it took to read and led me into the mind of a sociopath.  

DUI In Northern Kentucky

Recent increases in DUI arrests have resulted in a furor of legal activity in Boone, Campbell and Kenton Counties. If you have been charged with DUI in Northern Kentucky, contact Michael Bouldin by email at mike@nky-criminal-defense-lawyer.com or call the office at 859-581-6453.

Clermont County Sex Abuse Teen Follow Up

I have previously mentioned representation of a criminal defendant involved in a Clermont County sting operation, which resulted in the arrest of multiple individuals  Cincinnati Enquirer at Cincinnati.com first reported the story , follow link for initial story.  Local 12 followed up with one suspect speaking on the record of the ordeal.  The child's father later stated that the men were the "victims" in this case. Some of the men involved had met the underage teen on an adult only website, MyYearbook.com.  Some of those continued to a sexual relationship with the teen, many after learning that she was indeed under 16 years of age.  Those men were charged with various crimes, generally Unlawful Sexual Conduct with Minor.  Others were charged with Importuning, when they attempted to contact and discuss sexual relations with a person that was or that they believed to be under 16 years of age.  The investigating officer, after searching the minor's computer, undertook the persona and pretended to be the teen which led to additional arrests. My client was indicted on only one count of Unlawful Sexual Conduct with Minor, a Felony of the 4th Degree.  He was sentenced to five (5) years of community control, also known as probation, and ordered to pay $500 fine.  During the term of his probation, among other restrictions, the defendant is not allowed to own, possess or carry a firearm, is not to ingest alcohol or drugs of any kind, is not allowed to be around any minors, work in places or reside with any minors present and cannot have access to any computer or electronic devices.   He will also have to undergo a sex offender evaluation and follow any treatment as well as register as a sex offender for the next 25 years. If you have been charged with a crime, including a sex crime or involved in a sting operation, contact an attorney as soon as possible.  In Northern Kentucky and Cincinnati, contact Michael W. Bouldin for a consultation by calling 859-581-6453 or email at mike@bouldinlawfirm.com .   Call 581-MIKE.

Prostitution and Heroin in Kenton County, Kentucky

Kenton County has had a rash of prostitution and theft charges recently, the majority relating to the increase in the use of heroin in Northern Kentucky.  Today Mike Rutledge of the Enquirer reported Kenton County blaming the increase in prostitution and copper theft on the rise in heroin use.  Covington police have charged approximately 25 people for prostitution already this September.  Under the new law, an "arrest" may also be a citation to the person being charged as a physical arrest is no longer required for a misdemeanor in Kentucky. The increase in Heroin is due to a number of factors.  The ease of obtaining the drug as well as the cost are the primary factors.  Local police are calling the heroin use as a epidemic, liking it to the LSD epidemic of the 1970s. A similar rise has been seen in Newport.  Last year the number of heroin cases was 63 while there have already been over 70 reported in 2012.  The increase is throughout Northern Kentucky. Another concern is that the crimes committed are during the day.  A common misperception is that crimes only occur at night.  It is much less obvious when someone is burglarizing a building or a home if it is done during the day.  A robbery is often misconstrued as a person doing home improvement or other work on a property when the thief is actually stealing copper.  More recent changes to reporting of metal sales may decrease the copper thefts which regularly occur. If you have been charged with possession of heroin, prostitution, theft or any other crime in Northern Kentucky, contact Michael W. Bouldin for a consultation of your criminal case.  You can contact Mike by calling 859-581-6453 (581-MIKE) or via email at mwbouldin@fuse.net.

Verona Homeowner Defends Self From Burglary

Earlier this week a 92 year old man from Verona, Kentucky defended himself and his dwelling from would-be burglars.  The man had been a target three times in the past month of burglaries.  On September 3, 2012 Earl Jones took his .22 caliber rifle and shot the intruders into his home.  Jones, a WWII Navy veteran said that he was not going to wait for them to kill him while authorities arrived. Kentucky passed a "right to defend" law in July, 2006. Under that law, in KRS 503.055 (1) a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if: (a) The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and (b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred. (2) The presumption does not apply if the person has a right to be in the residence, is a police officer, or is enforcing a custody order.  For the full text of exceptions, follow this link. Ryan Dalton, 22 and Donnie Inabnit, 20, both of Dry Ridge, Kentucky, are charged with Burglary 2nd degree (complicity) and Tampering with physical evidence.  Their accomplice, Lloyd Maxwell, 24 of Richmond, Kentucky was killed by the gunshot.  Boone County Sheriff said that they have no plans to charge Jones in this matter. If you have questions about your rights as a homeowner, or if you have been charged with a crime in Boone County, contact Michael Bouldin for a consultation at mwbouldin@fuse.net or call 859-581-6453 (581-MIKE).

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