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January 2017 Archives

What Are My Rights To Custody?

A father's rights are typically the same as the mother... at some point. However: Father's rights vary state to state. In Ohio, an unwed father has no rights and the mother is considered the custodial parent until a court orders otherwise. In general, Ohio mothers have superior rights to the fathers. In Kentucky, father's have limited rights until paternity is established. Once paternity is established, father's rights are the same as the mother's rights. In Kentucky if the child is born during marriage, the parents have equal rights.. Father's rights vary whether you were married at the time the child was born or if the parents were unmarried. If the parties were unmarried, the father's rights are often limited. Once paternity is established, father can be granted certain rights by law and others by a court. If the case is in Ohio, parental rights of unwed parents are established by the Juvenile Court. Married parties have their rights established by the Common Pleas Court in domestic relations division. Kentucky uses "Family Courts" for all cases, however unwed parents typically start and may remain in juvenile court while married parties have their case heard in Circuit Court. Father's rights often vary if you were named on the birth certificate or not. If you were on the birth certificate, you may have rights prior to a court order of paternity. Signing the birth certificate establishes some rights and acknowledges paternity. If the parties live in separate states, rights may vary. Many parents are concerned about moving across state lines. If an action is brought in one state, the other may If you have questions about custody rights, you need to speak to an attorney who regularly practices in the area of family law. Most often you will have to file for custody, but may also have to file even for visitation and/or paternity. For a consultation in Kentucky or Ohio, call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

What is DUI Aggravator?

Kentucky DUI law, as stated in KRS 189A.010, outlines certain criteria (referred to as aggravators) that increase the mandatory penalties for a DUI conviction. Those criteria are identified as aggravators.  The follow are those criteria or "aggravating circumstances" that increase the jail sentence if convicted:

Lawyer for DUI Trial

If you are looking for a lawyer with DUI trial experience in Northern Kentucky, there are a few good men to report. Having been a trial attorney for over 20 years in Northern Kentucky, I often have the opportunity to see others at work.  Kentukcy law prohibits the term "best attorney" so here is my list of top attorneys in the area. Northern Kentucky counties of Boone, Campbell and Kenton are fortunate to have a number of experienced and very good attorneys who practice DUI defense. For my dollar the top DUI attorneys include those retired: W. Robert Lotz, Dick Slukich, and Burr Travis; the elder statesmen Wil Zevely, Harry Hellings, Ed Drennen and Jon Alig; my contemporaries include Tim Schneider, Chris Jackson and Paul Dickman; and the younger group includes Ryan Beck. There are also a few Cincinnati attorneys that occasionally cross the river from Cincinnati and do a decent job, including: Steve Adams, Joe Suhre and Kelly Farrish (*Kelly's not licensed in Kentucky). A good attorney can advise when you should plead, when you should file a motion, when you should proceed to trial and whether that trial should be with a judge or a jury. If you have questions and are looking for a DUI defense attorney with significant trial experience, call the Bouldin Law Firm and discuss your case with Michael Bouldin.  For consultation, email at mike@bouldinlawfirm.com or call 859-581-6453.

Can I Appeal My Jail Sentence?

If you took the case to trial and were convicted, there is nearly guaranteed a right to appeal.  The Notice of Appeal must be filed within 30 days of the conviction.  What follows is a series of legal steps, including: designation of evidence, clerk's certification of record and evidence, briefing schedule set forth by the appellate court, brief of the appellant/defendant, brief of the appellee/prosecution and then the potential for counter arguments and oral arguments to the court of appeals. If you plead or have pled guilty, there is little chance that you can appeal the conviction or the resulting sentence; regardless of whether the sentence includes incarceration, jail, probation or fines. If you were convicted in District Court, the local Circuit Court acts as the appellate court and will rule on issues.  You do not get to retry the case.  Often I receive phone calls from convicted persons who think that they can retry the case and present new evidence to the court of appeals.  In a very limited setting, new evidence may be presented.  This must be "newly discovered evidence" that was unavailable at the time of the trial.  the court draws a hard line in this regard.  Simply because your trial attorney did not present evidence, chose to ignore or not present evidence, or could not find or timely subpoena a witness does NOT give you the right to present it on appeal or get a new trial. Civil Rule 59.02 and 60.02 outline the specifics of newly discovered evidence.   Generally, the appellate court only reviews the evidence that was presented.  In general, the groudns for appeal is regarding legal rulings on issues before the court. If you filed a Motion to Suppress which was denied, you can ask the court to review that ruling.  The trial court will not substitute their decision over that of the jury.  They are looking at LEGAL ISSUES in addition to potential prosecutorial misconduct.  (That is generally when a prosecutor fails to disclose evidence to the defense or presents arguments of facts which were not put into evidence.) Appeals are not cheap and often legal fees exceed those of the trial attorney.  Additionally, if you WIN on appeal the case may be dismissed OR may be reversed and remanded for a new trial.  You will need an attorney for the retrial of the case as well. If you have been convicted, speak to your attorney or public advocate about rights on appeal. Make sure that any appeal is filed timely.  If you want a second opinion, contact a criminal defense attorney.  To discuss, call Michael Bouldin at 581-581-6453 or email at mwbouldin2@gmail.com.

Do I Have to Move Out of My Home?

If you are beginning the divorce, there is generally no requirement that either party vacate the home. The exceptions to this are: (1) if a court orders one party to vacate or (2) if an officer mandates that you leave. The second option may sound very unfair (and it is) but I advise both my domestic and criminal law clients that you will seldom, if ever, win an argument with an officer at the time of an incident. Generally, if there is an incident giving rise to the police being summoned to your house, the officer will often take action. They may suggest that one party leave. If both refuse, then they are in the position to either leave the parties together in a volatile situation or physically remove one party. If there had been violence or threats, often this removal involves one party going to jail for the evening. The other exception, court orders, is unlikely through a family court relating to your divorce but may be much more likely if one party files for an Emergency Order of Protection (EPO). If there is an allegation of domestic violence or threats of domestic violence, the Court has jurisdiction to issue an ex parte Order of protection. Ex Parte is a term that means the court makes a decision after hearing from one of the parties and is often based on a written allegation of only one party. This Order often includes no contact provisions as well as removal of the "offending" party from the marital residence. These EPOs are in place for up to 14 days, during which the parties are required to return to court to determine if a more permanent order will be issued. If you have been served with an EPO, you should hire an experienced family law attorney before your hearing. This hearing will establish the base line for the divorce and may significantly curtail your legal rights. If issued, you will lose the right to own or possession a firearm, likely lose the right to live in or even go to your home and may lose rights relating to having communication with others (wife, children or other family members). Often, this establishes living rights as well as temporary custody and possibly support issues. If you are beginning a divorce, know your rights. If you have been served with papers for EPO, divorce or even been asked to leave by your spouse, contact an experienced domestic/family law attorney who regularly practices in the county you live. For consultation in Northern Kentucky, call Michael Bouldin at 581-MIKE or email at mwbouldin2@gmail.com. You may schedule an appointment by calling 859-581-6453 and speaking with Mike or Emily.

Busted for Heroin in Northern Kentucky

If you were arrested for heroin or any other controlled substance in Kentucky, you are facing felony charges.  When facing felony charges, you should hire an experienced criminal defense attorney.  Simple possession is generally a class D felony with penalties ranging from 1 - 3 years.  That said, if it is a first offense you may be eligible for probation or diversion. Diversion allows an individual to be placed on probation for a period of time (typically 2-3 years).  If the diversion is successful, the defendant can have the charges dismissed and ultimately expunged.  Diversion DOES require a guilty plea and admission to the charges. If the diversion/probation is not successful, the judge can enforce the felony and sentence the defendant to a period of incarceration. The statute is codified in KRS 218A.1415 Possession of controlled substance in first degree

Expunge Your Record in 2017

Give the gift of freedom to a loved one!!!  If you have tax refund in 2017 or want to give a great gift in the new year, think of expungement of a criminal record.  Whether a gift to a family member or loved one or a gift to yourself, set yourself up to get the best job possible, obtain a CCW permit, purchase a firearm or simply rid the excess baggage by expunging your criminal record. Kentucky has passed additional laws regarding expungement in 2016 which allows for expunge the following:

New Felony in 2017

If you have been changed with a felony in Campbell County, Kenton County, or Boone County, call Michael Bouldin for a consultation. You need an experienced criminal defense attorney to guide you through the process and protect your rights.   You can email at mike@bouldinlawfirm.com or call the office to schedule. Whether you are innocent of the crime or you need to get the best deal possible, you need to hire the best attorney that you can afford knowing your rights and having an attorney to present your case is the best opportunity for a favorable outcome.  Do not assume that everyone is equal.  Price is one factor in determining if you have hired the best attorney to represent you.  You should discuss your case with your attorney and be assured that they have handled these types of case, that they are familiar with the local prosecutors and judges and that they will do their best to provide the best possible outcome.   Make sure you trust that the attorney's advice is in YOUR best interest. Mike has bheen practicing criminal defense law in Northern Kentucky for over 22 years and, together with Kris Nevels, a 7 year attorney, they provide a team approach to assuring clients the best possible service. Call 859-581-6453 (581-MIKE) to schedule a consultation or inquire as to retainer fees to hire the Bouldin Law Firm.

File Divorce January 2017

Did you know that January is the most popular month to file for divorce? Why? My belief is there are a number of reasons that people file in the first month of the year: New Year's Resolution. January is a time to reflect on mistakes of the past year and to make life changes for self improvement. For some, this is joining a gym and losing 10 pounds. For others, it is more wholesale life changes. (often referred to as losing 195 lbs). Long Cold Winters. In the summer months, often warring spouses don't spend significant time together. Wife may do yard work or go for long walks, Husband may play golf or spend time with buddies playing softball. In either case, there is very little opportunity to be outside or otherwise away from the other spouse. This significant time together may point out the fact that the parties do not get along. Crappy Christmas Gift. A terrible gift (or no gift), may be the proverbial straw breaking the marriage. It may show that your spouse no longer "gets" or understands you or that they don't really care. Either way, it may point out the problems with the marriage. In any case, if you are considering a divorce in the new year, consult with a family law attorney. There are many ways to begin the process and make sure you choose the one best suited to your wishes. For more information and to answer questions, check out www.nky-divorce.com for blog posts. For consultation in Northern Kentucky, call Mike at Bouldin Law Firm at 581-MIKE. Call 859-581-6453 or email at mike@bouldinlawfirm.com.

DUI Last Night? Court tomorrow?

If you got arrested for DUI last night or early this morning, you probably have court tomorrow (or Tuesday) If you want to talk to an attorney before then, email me at mwbouldin2@gmail.com. Bouldin Law Firm of Mike Bouldin and Kris Nevels can help! Serving Northern Kentucky primarily in Boone, Campbell and Kenton counties. Don't start 2017 in court without an attorney. Email now. mwbouldin2@gmail.com.

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