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July 2015 Archives

What is a Kiddie DUI in KY?

A KIDDIE DUI in Kentucky is the separate code section of a DUI for persons under the age of 21.  Kentucky has enacted the equivalent of a zero tolerance law with respect to underage drivers operating a vehicle.  Northern Kentucky is no different than every other state in that teen drivers are arrested if there is suspected any amount of alcohol during operation. Zero tolerance is a bit of a misnomer.  KRS 189A.010 (f) is often referred to as a "Kiddie DUI."  The statute states:

What Are Father's Rights in Kentucky?

Fathers generally have equal rights in Kentucky, however if you are unwed, you must file legal action in order to establish those rights.  Those rights may differ if you are married or unwed at the time of the birth of your child(ren). Infant children may, and often are, treated differently than older children.  There remains perception, literature and a number of experts who will testify that it is especially important for a child to bond with the mother during formative years.  This is especially true for newborn children.  Additionally, a mother may be breastfeeding or otherwise have necessity to protect the newborn infant. It is important for fathers of newborns to recognize that this bonding time with Mother is important to the development of your child. Additionally, it provides a sense of calm with the mother.  It is important to know that this is the beginning of a lifelong relationship that the parents will have; not only with the child but with one another.  While it may be important to establish legal rights, beginning a relationship with legal mandates and aggressive court action days or weeks after birth is seldom a way to work as a cohesive unit. In unwed situations, you must first establish paternity.  Prior to the establishment of paternity, the father has virtually no rights.  The mother decides what to name the child, whether to circumcise, and makes all medical decisions for the minor child. Any custody or visitation rights are the sole decision of the mother before paternity is determined. If you have a child and wish to explore your custody, paternity or visitation rights, you should seek the advice of a competent and experienced domestic relations/family law attorney.  Rights differ from state to state and Ohio and Kentucky have very different laws regarding custody of children born out of wedlock. For a consultation in Northern Kentucky, contact Michael Bouldin at mike@nky-divorce.com or call 581-MIKE; 859-581-6453.

Do Homosexuals Have Gay Alimony in KY?

At the present time Kentucky law does not have any distinction between gay and straight divorce or dissolution.  The law has not changed, and is not likely to be amended divorce after a gay marriage. The marital laws in Kentucky are essentially gender neutral.  Alimony, spousal support, or maintenance (Kentucky term) can be awarded to either party in a dissolution.  Under the law, a wife is equally responsible for the support of her husband as a husband for a wife.  The party with greater income or earning potential may be responsible for paying maintenance to a party that cannot financially support themselves.

KY Stand Your Ground Law

A member of USCCA recently inquired about potential representation in Kentucky for someone charged with defending themselves and use of a weapon, specifically one licensed to Carry a concealed weapon.  Kentucky is one of a number of states that have enacted Stand Your Ground law which provides defense to individuals charged with using deadly force who commit a homicide.  What KRS 403.055 provides is a defense to an action by providing presumptions regarding fear of imminent peril or death if you are within your residence or occupied vehicle. KRS 503.055 provides:  Use of defensive force regarding dwelling, residence, or occupied vehicle -- Exceptions. (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. See KRS 503.055 for full reading of the statute, as it does not allow for the defense against other titleholders, residents or peace officers, nor if you are using the residence for illegal activity. "Stand your ground is a change in the self-defense defense," he said. "You always have a right to self-defense, but under the common law if you had the ability to run away or retreat in full safety without risking being injured by the person who is attacking you then you have a duty to that. You have what was called the duty to retreat. The stand your ground law changes that standard. It says if you are in any place that you are legally allowed to be, you don't have a duty to retreat." In cases where the "duty to retreat" comes into play, it is up to the jury to establish whether someone had the ability to run away. This law essentially is a boost to a self defense claim.  In all 50 states, defending yourself or others from serious injury or death can be used as a defense in a murder or assault trial. However in Kentucky, acting in self-defense can make a person immune from being prosecuted in the first place if there was a reasonable belief that someone would imminently cause serious bodily injury or death. If you have been charged with a crime, you need an experienced criminal defense attorney. For representation in Northern Kentucky, contact Michael Bouldin at mwbouldin2@gmail.com or call 859-581-6453.

What Is New Good Samaritan Law for Heroin in Kentucky?

Effective March 25, 2015, Kentucky has enacted KRS 218A.133 which exempts from prosecution for those seeking assistance with drug overdose.  This is known commonly as a Good Samaritan Law and is intended to encourage calling for medical assistance instead of watching a friend die in order to avoid criminal prosecution. Interestingly, not all jurisdictions have taken full The law is intended to increase calling and emergency response in life or death situations.  The Stated is to exempt fro prosecution for possession of controlled substances or drug paraphernalia if seeking assistance.  Unfortunately, there are cases in which the police/arresting agency have chosen to instead charge with Trafficking or the new charge under KRS 218A.1410 of Importing Heroin.  This is a more serious charge, being a Class C felony which also mandates service of 50% of the sentence. A class C felony is punishable by 5-10 years in prison. This may be a new wave or may be simply for the purpose of saving another life.  Parents should also be aware of Casey's Law which can mandate treatment for those addicted to drugs.  At times, an arresting officer may overcharge a case simply to place a heroin user in jail.  The general consensus is that a heroin addict will either end up in jail or dead.  If you or a loved one is in need of help, seek counseling and treatment.  Treatment will almost never hurt a criminal defendant. If you have been charged with possession, trafficking or importing heroin, you NEED an experienced criminal defense attorney.  For consultation in Northern Kentucky, contact Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.

NKY new Collaborative Law Website

The Academy of Northern Kentucky Collaborative Law Professionals, Inc. is proud to announce their updated website.  The new website is mobile compatible and contains the participating attorneys, financial specialists, and family specialists.  The new site takes us into the millenium with new and additional information, links to professionals and needed content. If you are considering divorce or dissolution and wish to maintain an amicable relationship with your spouse, you should consider collaborative law in lieu of traditional litigation.  Most of the collaborative law specialists fully understand the importance of a civil divorce as well as the desire to limit animosity.  Once the parties sign into and commit to the collaborative process, a great deal of work can be done. Most collaborative law divorces: (1) minimize time for the divorce; (2) limit the discovery to essential information; (3) do away with formal discovery; (4) explore positive resolutions for both parties; (5) allow exploration of alternative resolutions that may vary from traditional divorces; (6) allow the parties to divorce with confidence in the process; and (7) allow the parties to control the process. If you are considering a collaborative dissolution, find more information herein or at the Academy of Northern Kentucky Collaborative Law Professionals, Inc. website.  For a consultation, please contact Michael Bouldin at Bouldin Law Firm by calling 859-581-6453 or email at mwbouldin2@gmail.com.

Arrested or Cited on July 4th Weekend?

If you were arrested or cited for a crime or violation on this July 4th weekend, you are not alone.  Statistics show that the July 4th holiday is the heaviest drinking day of the year.  Liquor and beer sales are at an annual high during this time of year and particularly for the Independence holiday. Arrests for DUI, alcohol intoxication (AI), public intoxication and OVI are all commonplace during this weekend.  Boating DUI's also rise significantly with the large number of people on lakes and rivers, often boating one of the few times each year.  Many people think they are immune from prosecution or simply do not think about DUI charge and arrest when operating a boat, yet the penalties for boating are the same or similar to the penalties for operating a motor vehicle while under the influence of drugs or alcohol.  Many times neighboring states even have concurrent jurisdiction in prosecuting boating DUIs. Other common charges during the Independence Day celebration may include: noise violations, illegal fireworks and child endangerment.  Many times the use of fireworks or noise may lead to a complaint, that may be handled without a citation or arrest.  If so, consider yourself lucky and attempt to comply.  If you were not so lucky, consider your options before heading to court. If you have been charged with ANY crime, you need to hire an experienced criminal and DUI defense attorney.  For a consultation in Cincinnati or Northern Kentucky, contact the Bouldin Law Firm and speak to Michael Bouldin.  Call 859-581-6453 (581-MIKE) or email at mwbouldin2@gmail.com.

Can My Gay Spouse Adopt My Child?

While the recent US Supreme Court does not directly address this issue, there is little doubt that the decision will lead to the approval of adoption by a gay step-parent.  On June 26, 2015, the U.S. Supreme Court held in a 5-4 decision that the Fourteenth Amendment requires all states to grant same-sex marriages and recognize same-sex marriages granted in other states. The Court overturned its prior decision in Baker v. Nelson, which the Sixth Circuit had invoked as precedent. The Obergefell v. Hodges decision came on the second anniversary of the United States v. Windsor ruling that struck down Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition of same-sex marriages. It also came on the twelfth anniversary of Lawrence v. Texas which struck down sodomy laws in 13 states. Each justice's opinion on Obergefell was consistent with their opinion in Windsor. In both cases, Justice Kennedy authored the majority opinion and was considered the "swing vote". If you are wishing to understand more on this topic and have desire to adopt or have your spouse adopt your child in Kentucky, contact the Bouldin Law Firm to schedule an appointment nd discuss.  For consultation in Northern Kentucky, call 859-581-6453 or email at mwbouldin2@gmail.com.  Call 581-MIKE today.

Can Prosecution Charge Hate Crime if I Have Rebel Flag?

With recent changes throughout the United States and the flags, it is possible that the use/flying of a Rebel Flag may be additional evidence to characterize the offense as a HATE CRIME.  Since the government cannot know what you are thinking, they use evidence to infer your thoughts. For example, if a defendant uses derogatory names, it is evidence of your motive. Additionally, a rebel flag shirt, belt or bumper sticker may be utilized as evidence of prejudice. A hate crime is a traditional offense like murder, arson, or vandalism with an added element of bias. For the purposes of collecting statistics, Congress has defined a hate crime as a "criminal offense against a person or property motivated in whole or in part by an offender's bias against a race, religion, disability, ethnic origin or sexual orientation." Hate itself is not a crime--and the FBI is mindful of protecting freedom of speech and other civil liberties. Kentucky has separate law relating to hate crimes under KRS 532.031 Hate crimes -- Finding -- Effect.

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