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April 2013 Archives

DUI DUI & DUI in Kentucky

DUI cases in Northern Kentucky are prosecuted by the county attorney in the county of the traffic violation.  There are per se  violations, which is due to having a blood or breath alcohol over .08 and there is the general violation for operating a motor vehicle while under the influence.  Those accused are strongly advised to hire an attorney.  Many times a person hires an attorney only to realize that they do actually have a valid defense to the charges. KRS 198A-010 defines DUI by statute:

Sex Abuse Allegations and Divorce

There seems to be an increase in sex abuse allegations when parties are getting divorced in Northern Kentucky.  Divorce is traumatic on children and often the children are put in a position to choose sides.  With the increase in granting of joint legal custody and the court's tendency to grant shared parenting in majority of cases - Kentucky case law mandates that joint custody should be preferred - there is very little that would move the court to grant sole custody to either parent.  Sex abuse allegations are the one thing that will often change that playing field. The increase in allegations does not necessarily mean that there is an increase in sex abuse.  To the contrary, there are many more allegations that are ultimately dismissed or ignored by grand jury or prosecutors.  Without further proof, an allegation by a minor child is difficult for a prosecutor to substantiate to a jury beyond a reasonable doubt.  That said, the same proof which may be insufficient in a criminal case, can be used in a civil or juvenile case where the standard differs.  Often the accused is placed int eh difficult position of wanting to defend himself in the juvenile or divorce case, but is advised by a criminal defense attorney to remain silent to avoid criminal prosecution.  Often times there are 3 cases pending at the same time under the juvenile court abuse and neglect, under the family court for divorce or dissolution and under the criminal court for charges pending from the investigation. The lawyer is also placed int he difficult position of advising a client in a civil case which may lead to criminal prosecution.  The right to remain silent when questioned pursuant to the Fifth Amendment remains, however custody and support may be established while the criminal case is still investigated.  Many family law attorneys will advised an accused client to retain separate criminal counsel in these types of cases. As an aside, it is often the case that the ultimate resolution is dismissal of the criminal case and no finding in the civil action.  Family law judges need to come down hard on parents who coach or fabricate allegations, taking custody away from them as fast as custody is removed form a suspected child molester.  Newspapers need to report on the damage to children of false allegations.  False allegations come from a variety of sources, which include a well meaning grandparent requesting that someone be investigated, to a parent coaching their child to make false allegations.  Additionally, sometimes children feel the need to choose between the parents and have been made aware of this concern through their school.  More thorough investigation is also needed in a number of cases to ferret out the factual from the false allegations.  In an effort to not offend the child, many times the validity of their statements are not questioned to see if they withstand even the slightest scrutiny. If you have been or know someone who has been alleged to have abused a child, legal counsel should be the first step.  If you wish to consult or have questions, contact Michael W. Bouldin at mwbouldin@fuse.net or call 859-581-MIKE (581-6453) in Northern Kentucky.

Heroin Top Drug Problem In N.Ky.

  Heroin now top Northern Kentucky drug problem. This is the headline in Kentucky post from January 18, 2012 and remains concern as we head into 2013.  Ky Post link:  http://www.kypost.com/dpp/news/local_news/heroin-now-top-northern-kentucky-drug-problem1326934032732 .  Top legal criminal defense attorneys are representing many heroin users and the number of trafficking charges are also increasing.  Together with heroin, criminal defendants are also often charged with tampering with evidence.  Trafficking charges may be in state or federal court, depending mostly on the investigating authority but may also be influenced with the amount of heroin being sold.  The recent four (4) part series in the Cincinnati Enquirer highlights the increasing popularity of the drug as well as the concern and epidemic use in Boone, Campbell and Kenton counties. The drug, especially heroin, problem in Kentucky is growing.  Heroin is cheaply purchased and is readily available for persons looking for a quick high.  The chemical composition of heroin is such that it is intended to elicit a quick addiction and feeling that it is needed by the user. If you have been charged with a drug offense in Northern Kentucky or Cincinnati, state or federal court, you should consult with a lawyer as soon as possible.  Many possible resolutions may be available, including probation, diversion or deferred prosecution for those first time possession cases.  A good lawyer is invaluable in reaching a favorable resolution. Hiring an attorney will be the best investment in your future if you can possibly avoid lengthy jail sentence or if you can potentially keep the criminal conviction off of your permanent record.  If you have questions or need to consult, call attorney Michael Bouldin at 859-581-6453 (581-MIKE) or email at mike@nky-criminal-defense-lawyer.com .  Cost of representation may be less than you think.

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