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February 2013 Archives

Oxycodone Ring Bust in Northern Kentucky

Reported in the NKY Life section of the Cincinnati Enquirer, at least 22 people have been arrested in a drug ring in Northern Kentucky.  Click above link for the story from The Enquirer.  Apparently, the DEA ha made arrests in Kenton and Campbell counties as well as other locations through Cincinnati.  The bust include seizure of over $90,000 in cash and numerous firearms and federal and local authorities, likely through the Northern Kentucky Drug Strike Force, worked to make the bust. Authorities claim that over $1.8 million of oxycodone was distributed in Northern Kentucky.  Federal prosecutors may seek forfeiture of properties, vehicles, firearms and cash.  If you have been  arrested or you are a subject of investigation, contact any attorney.  For legal advice in Northern Kentucky, contact Michael W. Bouldin at 859-581-6453 or email at mike@nky-criminal-defense-lawyer.com . 

What Is Tampering With Physical Evidence?

Northern Kentucky police have begun often times adding the felony charge of Tampering with Physical Evidence when defendants are charged with Heroin or other drug offenses.  It is important for the defendant to be apprised of the actual statute defining Tampering.  It would also would be wise of police officers to make themselves aware of this statute as well. KRS 524.100 Tampering with physical evidence. (1) A person is guilty of tampering with physical evidence when, believing that an official proceeding is pending or may be instituted, he: (a) Destroys, mutilates, conceals, removes or alters physical evidence which he believes is about to be produced or used in the official proceeding with intent to impair its verity or availability in the official proceeding; or (b) Fabricates any physical evidence with intent that it be introduced in the official proceeding or offers any physical evidence, knowing it to be fabricated or altered. (2) Tampering with physical evidence is a Class D felony. The charge is typically an overcharge. When a person is using drugs, they have no belief that an official proceeding is pending since it isn't. Further, they generally throw the drugs or needles to avoid detection. The drugs or paraphernalia is seldom destroyed or removed, moreover it is not "about to be produced or used in the official proceedings and it is not intended to impair its verity or availability. Under the new police theory, any time that a person ingests a drug, he is tampering since he is destroying the evidence of the crime of possession. In order to deter future charges such as this, defendants and defense attorneys must defend such cases and charges.  If you have been charged with Tampering with Physical Evidence in Newport, Florence, Burlington or Covington, contact Michael W. Bouldin for a consultation.  Call 859-581-6453 or email at mike@bouldinlawfirm.com .

What Do I Do If Arrested For Heroin in Northern Kentucky?

Heroin is the most popular drug in Northern Kentucky, as elsewhere, in 2012 and 2013.  The large majority of arrests have to do with possession and trafficking of heroin.  Trafficking may be a state or federal case whereas possession is generally a state case which is a felony in Kentucky.  Even trace amounts left on a needle or in a spoon is a felony in the Commonwealth of Kentucky.  The first thing that you should do if you or a friend is arrested  is contact a criminal defense lawyer. Most heroin users need treatment for addiction.  Many judges wait for the person to detox before allowing them a bond on their charges.  After releasing them on bond, many make drug testing a condition of their bond.  Possession of Heroin is a class D felony under KRS 218A.1415 in Kentucky.  Boone, Campbell, Kenton, Gallatin and Grant counties are all very strict on prosecution.  Often the defendant may be eligible for pretrial diversion or even deferred prosecution if they have no criminal history.  While these options do provide a light at the end of the tunnel in that the charge may ultimately be dismissed, there are pitfalls which a defendant will want to discuss with their attorney. An attorney can review potential defenses, suppression issues as well as assess your chances at trial. The attorney should demand discovery from the prosecution and attempt to negotiate the most favorable deal given your circumstances.   You should hire a competent criminal defense lawyer who regularly practices criminal law in the county of your arrest. If you have been charged with Possession of a Controlled Substance, PCS, in Northern Kentucky, contact Michael W. Bouldin for a consultation.  Michael Bouldin has been practicing criminal defense in Northern Kentucky for over 18 years.  Call at 859-581-6453, that is 581-MIKE or email at mike@bouldinlawfirm.com .

Don't Be an Inmate's Valentine

When you take your sweetheart out to dinner this Valentine's Day, the last thing you want is to end up in the county jail for DUI arrest.  The best way to avoid a DUI is to know your limits.  Often times people celebrate holidays with wine, champagne or other cocktails.  Generally, one or two glasses of wine will not put you over the legal limit, however each person is unique. The prosecution can prove your guilt of a DUI based on either of two separate criteria: (1) you are over the legal limit of .08 BAC; or (2) your ability to operate a motor vehicle is impaired by drugs and/or alcohol.  Even if your blood alcohol concentration is below .08, you may still be arrested and prosecuted for DUI if your driving is impaired.  This is important for light and occasional drinkers who may be more susceptible to the effects of alcohol. The only accurate way to evaluate your blood alcohol concentration is by taking a breathalyzer or blood test.  You can estimate your blood alcohol concentration by using the blood alcohol calculator (follow link).  Another way is to estimate using the following table:

DUI

Many DUI websites can assist you in finding answers to questions, but the most often asked question is "Do I need an attorney?"  The short answer is that no one is required to have an attorney but that everyone should utilize counsel.  Even the greenest attorney can aid you in helping to get a decent deal.  An experienced attorney can do a number of things:

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