This is an advertisement

Bouldin Law Firm
Get The Help You Need: 859-581-6453 (MIKE)
View Our Legal Services

April 2014 Archives

What to Do if You Got DUI In Covington, KY

If you were arrested or received a DUI citation in Covington, Kentucky you will appear in the Kenton District Court.  First appearance, also known as arraignment, may be via video if you are not released prior to the court call.  If you are not on video from the jail, you will appear in Courtroom 1A at the Kenton County Courthouse located at 230 Madison Ave., Covington, KY 41011. You only have the right to plead guilty or not-guilty at the arraignment.  If you are unsure or have not spoken to an attorney, best advice is to plead "Not Guilty."  The court will then set the matter for a PreTrial Conference in 2-4 weeks in courtroom 4A, 4B or 5B.  This will give you the opportunity to hire an attorney, for the attorney to request and receive discovery, and to explore your defenses and any plea negotiations. If discovery is not complete or if negotiations are not fruitful, the court will set for a second PreTrial Conference if requested or for a Trial by Jury or Judge.  the Defendant has the right to request a jury trial or to allow the judge to make the decision. You should involve an experienced and local DUI defense attorney as early in the process as possible.  This allows for maximum information as well as discussions with the officer(s) and prosecutor.  If you have been arrested in Covington, KY, call Michael Bouldin at mwbouldin2@gmail.com or call at 859-581-6453.

What Do Bank Robbery, DUI, Assault and 320 lbs of Marijuana Have In Common?

Just a normal Tuesday in the life of a criminal defense attorney.  Having practiced criminal defense law in Northern Kentucky and Ohio for nearly 20 years, I feel that my life is far from boring. My morning started with arraignments for a client charged with second offense DUI and another client accused of child abuse, assault 4th degree.  As this process has only begun, discovery will be retrieved prior to any potential trial or resolution.  These cases are set for pretrial conferences in about a month. Next on the list of court appearances was a Clermont County case involving the trafficking of 320 pounds of marijuana.  Of immediate concern is the proof required so that my client may be able to avoid forfeiture of his vehicle.  This case should move closer to resolution in a few weeks. In the meantime, I maintain and write a blog. The last part of my day is scheduled to meet with the mother of a minor child accused of bank robbery.  This may include juvenile matters, transfer from juvenile to adult court and negotiations and possibly trial.  With a case of this type there are many twists and turns which it may make prior to resolution. If you have an interesting criminal charge or defense, contact Bouldin Law Firm to discuss consultation and inquire about fees and rates.  Call Emily to schedule at Emily@bouldinlawfirm.com or call at 859-581-6453 (581-MIKE).

What are DNA Charges?

There are two types of DNA cases in Northern Kentucky. 1. DNA is a testing procedure to determine if a person is the father of a minor child, also referred to as paternity.  These cases proceed in juvenile court and are prosecuted by the local county Child Support Office.  DNA technology is the same technology used in criminal cases, where a sample of DNA is collected (in child support cases from saliva) and sent to a lab to see if the DNA matches that of the minor child.  These are more commonly called Paternity Cases. 2. DNA can also mean a Dependence, Neglect or Abuse charge.  These cases are also in juvenile court and may result in removal of a child or children from your care or custody.  If the Cabinet for Health and Family Services is involved, you are in this Court.  This is held in Family Court and presided over by the family judge. If you are the parent or caregiver of a child and there is a charge of Neglect, Abuse or Dependency, the court will appoint an attorney to represent you.  You do still retain the right to hire a different attorney of your choosing.  The "panel attorneys" do handle a large volume of cases in family court.  The advantage is that they know the judge, prosecutor and social workers better than other attorneys.  The general disadvantage is the amount of time they have to commit to your case and many clients complain that they are not available for office hours to discuss the case. If you wish to retain private attorney, call and schedule an appointment.  Having practiced juvenile and custody law in Northern Kentucky for nearly 20 years, I can likely enlighten you on your case and help you proceed through the current legal issues.  Call Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.

Why Kentucky Heroin Bill Failed

As a criminal defense lawyer in Northern Kentucky I have a unique opportunity to perceive the problem with heroin on a daily basis throughout Boone, Grant, Campbell, Kenton and other counties around the state. The proposed SB5 passed the Senate 36-1 but died in the House. I have seen FaceBook posts outraged by the political process and complaining that lawmakers are out of touch with the problem.  While I do not doubt that police, EMT, and those involved with the criminal justice system have a much closer appreciation for the dangers of heroin, that does not make the recently suggested litigation the answer.   Problems with SB5 14RS: 1. The bill sought to increase jail sentences and to allow for prosecution as murder people that sell heroin that results in death.  This is grandstanding without any sense of reality.  While this sounds like a positive move, the reality is that no one is going to have a 1:1 link of selling and death.  Most heroin prosecutions are only for possession.  Most trafficking prosecutions are a result of an undercover or sting operation.  Those buying in sting operations do not then ingest then die.  Those that die cannot then point the finger at their dealer.  There is added prosecution for fetal homicide.  There is no doubt this is a tragedy, but is it worse than an addict having and raising a child. This child is going to live a life through the juvenile justice and foster care system.  Expectant addict mothers already know the danger and wish they could stop using, however the urge is too strong.  A more significant penalty is not going to stop their drug use. 2. The bill did seek to increase the availability of Naxolone to users.  Many believe that having this available will only encourage more use. This may save a few lives but will likely also increase dangerous usage.  The fear of overdose will be lessened as they can simply have a friend revive them with this drug, also generic for Narcan.  A new game of OD and recover will be the rage.  Additionally, there is no law necessary to increase the availability of Naxolone to EMT and police. 3. One amendment to the bill sought to create a needle exchange program.  While some understand that this would benefit the users by preventing communicable diseases, the reality is that most voters oppose such a program as it is presumed to lead to additional use.  It is akin to handing out condoms at a public high school... while practically useful and effective, most conservatives believe it sends the wrong message. 4. The bill increased difficulty in obtaining the prescription drug, Zohydro and changed it's schedule as a narcotic.   Of particular note, the bill did increase funding for treatment centers.  It is virtually undisputed that this is needed. While there is little doubt that increased funding is necessary for treatment, many of the add ons and other provisions of the proposed legislation doomed the bill to failure. This is an opinion piece by NKy criminal defense attorney Michael Bouldin.  While criminal defense is a primary concern, often treatment is the best option to prevent those charged from returning to jail.  If you or a loved one has been charged with possession or trafficking of heroin, contact my office for a consultation.  Contact Bouldin Law Firm at mwbouldin@fuse.net or call 859-581-6453 (581-MIKE).

What Is Drug Paraphernalia?

Possession of Drug Paraphernalia, commonly referred to as PDP, is a crime in and of itself in Kentucky.  In Northern Kentucky, the crime of PDP is typically charged in connection with a possession of controlled substance, possession of marijuana or trafficking.  If you have been charged, you need a criminal defense attorney. Pursuant to KRS 218A.500, "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. Based on this definition, virtually anything may be classified as paraphernalia.  For example, a court may rule that baggies, rolling papers, or roach clips qualify as drug paraphernalia, given the circumstances.  Smoking pipes, hypodermic needles and digital scales are more commonly charged as they are seldom used for other purposes and may be used in trafficking. The crime of PDP is classified as a Class A misdemeanor in Kentucky, punishable by up to $500 fine and 12 months in jail.  If you have been charged with possession of narcotics, marijuana, controlled substance or paraphernalia, you need to hire an attorney in Northern Kentucky.  For consultation, call Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com . 

Spouse, Death and Wills

Most people have no idea that if you die without a will that the spouse is the FOURTH in line for receiving the proceeds from an estate under Kentucky law.  KRS 391.010 defines descent of real estate when the person dies intestate (without a will).  Most people assume that if a person dies that their husband/wife will receive the inheritance.  THAT IS INCORRECT.  Proceeds from the estate first goes to children, then to parents, then to siblings, then, and only if there are no children, parents or siblings, to the spouse. The spouse does receive $15,000 in personal property as an exemption in addition to any property that passes outside of the estate. This may be jointly titled property, life insurance proceeds, trust assets, or  accounts with specifically named beneficiaries.  A full estate plan should include evaluation of those assets which would be outside of the estate as well as those subject to probate. If you have been divorced you should also redo your will and estate plan, including modification of named beneficiaries.  For consultation, contact Michael W. Bouldin at mwbouldin2@gmail.com or call 859-581-6453 (581-MIKE).

Can Inmates Assign Power of Attorney?

Many times an inmate will appoint a POA to handle their financial affairs during periods of incarceration.  A Power of Attorney (POA) can be immediate or may only be valid during those times of incarceration.  Criminal defendants should discuss how their financial affairs may be administered if they are going to spend time in jail or prison.  Most criminal defense attorneys will prepare a POA for their clients when they are in jail or when incarceration is part of the plea bargain. The defendant should pay particular attention to whom they appoint.  If you are in jail for drug usage, appointing your drug using girlfriend may not be the best idea.  In general, only appoint someone who you trust with your money, assets and financial affairs.  If you do not completely trust that person, it may be better to not have any POA than an untrustworthy one. If you need criminal defense counsel, advice or representation, call Micahel Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.  

Do Social Security Benefits Affect Child Support?

If you are divorced or in the process of divorce and have applied for social security disability or SSI benefits, there may also be benefits payable for and on behalf of the children.  By law, those benefits are an offset for any child support that is required to be paid. For example, if you are required to pay $400/month in child support and you are considered disabled by the Social Security Administration, then SS will pay to the custodial parent a sum of approximately $680/child.  This is a dollar-for-dollar offset of your child support.  The additional $280 (680-400) is considered a windfall to the custodial parent, but may also be utilized to offset a portion of uncovered medical or dental expenses. Child support and any social security offsets are often discussed between the parties, at settlement negotiations and need to be presented at any trials for custody, parenting and support.  Such may be the case in a joint custody or shared parenting arrangement where the money is paid on behalf of the children through one parent's disability.  This should be dealt with in the Parenting Agreement or Dissolution Settlement Agreement or it may be litigated in Court. The court retains the authority to designate which parent receives these benefits. If you or your spouse have applied for or are receiving Social Security benefits, it is likely there are additional benefits available for the children.  As such, discuss this with your attorney.  For a consultation in Boone, Campbell or Kenton counties, call the Bouldin Law Firm at 859-581-6453, speak to Mike at 581-MIKE or email at mike@bouldinlawfirm.com.  

Do Any Attorneys Practice Divorce and Criminal Law?

I have been practicing both criminal law (see blog) and divorce/domestic or family law (see blog) in Northern Kentucky for nearly 19 years.  Many practitioners choose to practice one or the other for any number of reasons.  Many criminal law attorneys hate the needy nature of many domestic clients.  Many family law attorneys do not like the rigid nature of criminal law, don't want to deal with criminal defendants as clients or do not feel comfortable outside of the area of domestic law. There is a great deal of overlap between criminal and domestic law.  There are many clients that are in juvenile or custody court due to alleged abuse which may also carry criminal charges, penalties or sanctions.  Domestic Violence and EPO/DVO practice borders both on family law and criminal law.  A finding of abuse may lead to criminal child abuse charges or assault charges. Failure to pay child support may be handled in family court as contempt or may be charged as a misdemeanor or felony charges.  Assault on your spouse, child or significant other may end up in Juvenile Court, Family/Divorce Court, EPO/DVO court or District or Circuit Court for misdemeanor or felony charges... or in multiple courts. With the experience of both, I am honored to have family law attorneys refer their clients who find themselves in criminal trouble.  I am equally honored that some criminal law attorneys refer their clients who have divorce, custody or other family law issues.  If you are an attorney looking to refer, call to discuss general issues or specific cases.*  If you are in need of either or both, call my office for a consultation. Michael W.Bouldin can be contacted at mwbouldin2@gmail.com or by phone for question or appointment at 581-MIKE, 859-581-6453. *Note: when receiving referrals from attorneys it is my practice to never "steal" clients as my practice is built primarily on referrals.  If the client wishes to change attorneys I do not accept representation.  I encourage clients to remain with their current attorney for the original purpose of representation.

Divorce for MD and CEO

Is there anything special about divorce for a Medical Doctor or Chief Executive Officer of a company?  Maybe.  In general, the law provides no distinction on the type of divorce that is pending.  That said, judges and attorneys often treat high income litigants differently than "standard" divorces.  One primary reason that they are treated differently is the amount of money and type of assets which are at stake.  Also, these cases generally fall into those where maintenance (spousal support) is considered and often granted for some period of time. If a client earns over $300,000/year, the fall into at least the upper 2%.  As such, they are often disputing many things in addition to the standard child custody, support and minimal assets.  Assets may include off-shore accounts, private holdings, business investments as well as ownership in a medical practice or therapy center.  The spouse often does not earn income anywhere near that of the breadwinner and the spouse generally feels and overall entitlement.  Additionally, the demands of the job as a CEO or MD seldom have the traditional 9-5 work hours that are associated more more mundane dissolutions.  This may make timesharing more difficult and parties may also look for other avenues to provide child care. One of the primary concerns for both parties is the continued success of the business or medical practice.  This may lead to a more collaborative approach and parties should be discouraged from mudslinging and especially any false accusations such as EPO/DVO or allegations of drug/alcohol abuse.  Child support is often secondary to the issues of alimony, spousal support or maintenance. If you or your spouse falls into this category, it is important for you both to hire counsel that has dealt with these types of cases and understands the complexities and finesse to resolve the disputes.  For a consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.  Emails and calls are confidential.

What Are Penalties for Code Violations?

Penalties for Code violations vary widely from $25 - $500 and from 0 - 30 - 360 days of incarceration.  Violations of city codes are often filed as criminal complaints against the alleged violator.  As such, if you are charged with violation of a city code, you should speak to a criminal defense attorney.  In some cases the violations, such as noise or junk on your lawn, may initially be charged as a warning citation with the charge to be dismissed if you comply with the code.  If compliance is not met to the satisfaction of the city official, formal criminal charges will be filed.  Other violations may be initially charged as criminal. In Covington, Kentucky city citations include: alcohol to a minor, dog leash, parking violations, throwing stones, begging/panhandling, peeping tom, curfew violations (for minors), nudity, barbed wire, sale of toxic or model glue, and sleeping or urinating in vacant buildings.  Some of these crimes may also be criminal acts under the state penal code. These can be charged as violations, B misdemeanors or A misdemeanors.  They may be punishable by fine, jail or a combination of both in addition to court costs.  Most code violations are punishable by up to $100 fine or 30 days in jail. Some have jail up to 180 or 360 days and fines range from $25 to $500.  Also note, some violations carry possible daily fines which may increase or accrue for each day of violation. If you have been charged with a criminal violation of city ordinance, contact Michael W. Bouldin at mwbouldin2@gmail.com or call 859-581-6453.  Email or respond at this site with general questions.

Divorce Courtroom Secrets

Much of the following is copied from a blog by Cristin M. Lowe (link).  She is an excellent attorney and blogger of key information to current and prospective clients. Most people imagine a courtroom to be just like what is commonly seen on TV. For people with divorce and family law matters, TV shows really aren't a good benchmark of what to expect when you go to court for your case. 1.  Court security.  Almost all courthouses require you go to through a metal detector before entering the courthouse.  Some require you to take off your shoes (think TSA-style security).  Most of the time you need to take off a belt and empty your pocket of phones, change, etc.  No matter what, you should definitely build in some extra time to get through security.  The courts in Cincinnati generally have much longer lines than those in Northern Kentucky. 2. No jury.  One of the common questions my clients ask is whether or not there will ever be a jury in their divorce case.  Unless we are talking about an extremely unusual quasi-criminal subdivision of divorce cases called contempt, no, there will never be a jury.  Your case will be decided by a judge or a commissioner. 3.  It's public.  Many people are also surprised to learn that their case is not the only one on calendar.  Most types of family law cases are public hearings.  That means a few things.  First, there may be more than one case set for the same time as yours, which means that you should be prepared to wait for a long time before the judge calls your case.  Second, anyone can sit in the audience during your hearing, which means that you are able to bring family and friends with you (although I would generally recommend that you avoid bringing a whole entourage).  Third, watch what you say - don't blurt out private information that IS going to be overheard by other people. 4.  Read the signs.  Most courtrooms post the list of hearings outside of their doors first thing every morning.  Don't ignore it - look at the list to make sure your case is on there, and look to see where you are on the list.  Look at the tables when you walk into the courtroom.  Many judges have signs at the tables that designate which one is the Petitioner's table and which one is the Respondent's table.  This will show you where the judge expects you to sit when your case is called.  And almost all courtrooms have signs indicating what the expected proper etiquette is.  Most of the time, this means no cell phones, drinks, food, hats, sunglasses, gum, etc. 5. Be prepared and on time.  Even though there may be more than one case scheduled at any given time, your case may be first.  Additionally, NKy family courts often set hearings at their own designated time.  Nothing starts a case off worse than making the judge wait for a client.  Get there at least 15 minutes (30 preferred) early for your case.  This will generally give you a few minutes to speak to your attorney prior to beginning in front of the judge.

What is a City Code Violation?

Violations of city codes are often filed as criminal complaints against the alleged violator.  As such, if you are charged with violation of a city code, you should speak to a criminal defense attorney.  In some cases the violations, such as noise or junk on your lawn, may initially be charged as a warning citation with the charge to be dismissed if you comply with the code.  If compliance is not met to the satisfaction of the city official, formal criminal charges will be filed.  Other violations may be initially charged as criminal. In Covington, Kentucky city citations include: alcohol to a minor, dog leash, parking violations, throwing stones, begging/panhandling, peeping tom, curfew violations (for minors), nudity, barbed wire, sale of toxic or model glue, and sleeping or urinating in vacant buildings.  Some of these crimes may also be criminal acts under the state penal code. These can be charged as violations, B misdemeanors or A misdemeanors.  They may be punishable by fine, jail or a combination of both in addition to court costs. If you have been charged with a criminal violation of city ordinance, contact Michael W. Bouldin at mwbouldin2@gmail.com or call 859-581-6453.  Email or respond at this site with general questions.

A Law Firm Serving Northern Kentucky And Southwestern Ohio

Get Started Contact us Now »

Contact Us To Discuss Your Legal Matter Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy