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March 2013 Archives

How Much Does a Lawyer Charge for Possession?

Lawyer fees vary across the country, from county to county and, like any other product or service, based on demand. Generally a criminal defendant should expect to pay more for a more experienced attorney. Many times the charges are also based on the level of the criminal charge. The fees for a misdemeanor are less then felonies and the fees for possession are less than trafficking charges. For felony possession of a controlled substance a defendant should expect to pay between $2500-$10,000 for an experienced lawyer. Misdemeanor possession for marijuana is generally $1,000 but may be less if first offense and the defendant is eligible for diversion. Most initial consultations are free, but be sure to ask before scheduling an appointment. If you schedule with a criminal attorney and know their fees ot is expected that you intend to hire him. To discuss your case or get specific fee information for your case in Northern Kentucky, çontact Mike Bouldin at Mike@bouldinlawfirm.com or call 859-581-6453. 581-MIKE.

What's Up With Morphine in Northern Kentucky?

Recently there have been a number of arrests for possession of controlled substance (PCS) in Northern Kentucky for Morphine possession.  The charged may also face felony charges for PCS as well as other sanctions.  If the offender has children, the court will likely file juvenile neglect/abuse petition and seek removal of the children. Morphine and heroin have taken a large rise in the Boone, Campbell and Kenton counties in 2013. In November, News 5 had an article on Heroin replacing pain pills in Kentucky.  Anyone who sits in felony court will see countless heroin and morphine cases, whether on first option or on review for violation of probation.  Recently, in Grant County, a defendant had intentionally hurt himself so that he could receive morphine at the hospital.  While on the morphine pump, he injected heroin into his IV.  He is lucky to be alive, even though he is being sentenced by the Circuit Judge for violating his probation. KRS 218A.050 defines morphine as a Schedule 1 narcotic. It is punishable under KRS 218A.1415.  A first time offender is facing a D felony, punishable by 1-5 years in the state penitentiary.  A first time defendant may be eligible for deferred prosecution, diversion or probation.  The use of an experienced criminal defense lawyer is essential in obtaining the best results for your case.  Remember, the best results for your case may be treatment and the best results for someone else may be different. If you have been arrested for possession or distribution of morphine, heroin or any other crime, contact Michael W. Bouldin for a free consultation and to discuss representation.  Email at mike@bouldinlawfirm.com or call 581-MIKE, 859-581-6453 .

Ky DUI Driving Privileges

The best way to avoid DUI penalties is to avoid driving while intoxicated.  That said, if you are charged with a DUI, the best way to minimize and possibly avoid penalties, is to hire an experienced DUI criminal attorney.   In Kentucky driving privileges may be available after a DUI conviction only after the minimum suspension period has expired. If you refused a breathalyzer your license will be pretrial suspended when you make your first court appearance. If you have a pretrial suspension, you are not eligible for driving privileges. A suspension for refusal is up to 120 days. An experienced DUI and criminal defense lawyer can explain options that you may have with a pretrial suspension. If you did not refuse the breath or blood test in Kentucky, there will not be a pretrial suspension for a first offense. The license suspension for first offense is 30-120 days. A convicted defendant is eligible for hardship driving privileges after the first 30 days. Hardship privileges can be granted for employment, school, medical and alcohol treatment/DUI classes. If you have been arrested for DUI you should know all of your rights as well as chances of success at trial or suppression hearings. In Northern Kentucky contact me for more answers and counsel. Mike Bouldin. Call 859-581-6453 or email Mike@bouldinlawfirm.com. Have Emily schedule an appointment if I am not available.

How Can I Be Charged with Burglary Without Theft?

Kentucky law defines burglary as entering/remaining unlawfully in a building with intent to commit a crime.  While the normal crime thought of is theft, it does not have to be a theft.  For example, if you break into someone's house in order to beat them up, it is burglary:  breaking and entering for purpose of committing assault. Many times a burglary is also the charge if the person breaks and enters and intends to commit a theft, intends to commit an assault or intends to commit any other crime. Burglary can be charged as a B, C, or D felony.  the first and most minor charge is entering and remaining unlawfully in a building for purpose of committing a crime.  This is Burglary in 3rd degree, a class D felony (punishable by 1-5) under KRS 511.040.  Burglary in 2nd degree is entering and remaining unlawfully in a dwelling for purpose of committing a crime.  This is punishable by 5-10 years and is a class C felony and is defined in KRS 511.030.  Burglary 1st degree is the most serious, punishable by 10-20 years as a class B felony includes either of the foregoing and the use of a deadly weapon, threats with a dangerous instrument or injury to any individual.  It is defined under KRS 511.020. All felonies are serious and defendants should hire an experienced criminal defense attorney.  If you have been charged with burglary or any other crime in Northern Kentucky, contact a criminal defense attorney to obtain advice relative to your specific charges.  If you have questions or concerns, call Michael Bouldin at 859-581-6453 (MIKE) or email question to mike@bouldinlawfirm.com.

Tampering with Evidence, Heroin and Drug Paraphernalia

The new most common felony arrests in Campbell and Kenton Counties are possession of controlled substance / heroin, possession of drug paraphernalia (actually a misdemeanor) and tampering with evidence.  The tampering with evidence is a new means by the police to attempt to take a drug paraphernalia case and make it into a felony, when the defendant has already used all of the heroin.  IF there is any residue heroin, then the charge of possession of controlled substance can make the felony. A skilled criminal defense attorney will advise the defendant of his rights to defend the case.  The prosecution will many times offer deferred prosecution or diversion on the felony in order to obtain a plea and avoid a trial.  The defendant may be faced with the difficult decision of entering into a deferred prosecution or diversion program, which may include admission of guilt, in order to obtain guaranteed probation and the opportunity to have the case ultimately dismissed and/or expunged.  The other option may be to take the case to trial and have the Commonwealth prove guilty beyond a reasonable doubt. KRS 524.100 defines 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 police, and many prosecutors, believe that if you throw a needle or hide a joint that it constituted tampering with evidence.  The fault in that logic is that even though the evidence is being concealed, prior to arrest or questioning the evidence is not about to be produced or used in the official proceeding.  At that point, there ARE NO official proceedings. Unfortunately the police and some prosecutors have chosen this as a strong arm tactic to attempt to curb the problem with heroin.  While I personally agree that the heroin epidemic is a major concern and something needs to be done to stop the problem, I do not believe that violating the defendants rights by filing and bringing false charges is the answer. If you have been charged with heroin possession, possession of controlled substance, tampering withe evidence, drug paraphernalia or any other drug related crime in Northern Kentucky, contact for a consultation.  859-581-6453 (581-MIKE).  [mapsmarker marker="2"]  

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