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June 2017 Archives

Sex Offender Registration & FaceBook

The United States Supreme Court struck down a North Carolina law that criminalizes use of social media by registered sex offenders in Packingham v. North Carolina on June 19, 2017.  A link to that Supreme Court decision is attached. This was a unanimous U.S. Supreme Court ruling, essentially stating that even a registered sex offender has first amendment rights regarding freedom of speech.  Kentucky, like many states, restricts convicted sex offenders from using social media.  This is expanded after the parole or probation period ends and is included with sex-offender registration which can include a 10 year, 20 year, or lifetime registration requirement. Kentucky law also criminalizes registrants from "knowingly or intentionally use a social networking Web site or an instant messaging or chat room program if that Web site or program allows a person who is less than eighteen (18) years of age to access or use the Web site or program." Of course, this includes Instagram, Twitter, FaceBook, SnapChat and many other social media websites. The supreme Court stated: A fundamental First Amendment principle is that all persons have access to places where they can speak and listen, and then, after reflection,s peak and listen once more.  Today, one of the most important places to exchange views is cyberspace, particularly social media, which offers "relatively unlimited, lo-cost capacity for communication of all kinds. It is unclear whether this change will also apply to persons who are on probation or parole, where the use of certain media may be limited as a condition of probation/parole.  There are other crimes in Kentucky regarding registration which may be impacted, but not directly addressed by this Court ruling. Those include registration of your email addresses, FaceBook and other social media accounts. Best legal advice is to report all accounts until/unless the law changes. Time and case law will ferret out whether failure to report your account remains a criminal act. If you have questions or concerns, contact a criminal defense attorney. For consultation in Kentucky, call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com

Can I Get Custody?

Legal Custody must be determined by a court in Kentucky. The family courts retain jurisdiction over custody, whether born during a marriage or outside of marriage.  Unlike Ohio, where juvenile court has different rules for unwed parents, both wed and unwed parents in Kentucky can petition for custody in a similar fashion. KRS 403.270 outlines the custodial interests for both wed and unwed parents. If the parents are unable to agree on custody and parenting, the Courts will make the determination.  The determination is based on the best interest of the minor child.  Those are outlined in 403.270, but are set forth follows: (a) The wishes of the child's parent or parents, and any de facto custodian, as to his custody; (b) The wishes of the child as to his custodian; (c) The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child's best interests; (d) The child's adjustment to his home, school, and community; (e) The mental and physical health of all individuals involved; (f) Information, records, and evidence of domestic violence as defined in KRS 403.720; (g) The extent to which the child has been cared for, nurtured, and supported by any de facto custodian; (h) The intent of the parent or parents in placing the child with a de facto custodian; and (i) The circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence as defined in KRS 403.720 and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school. If you have questions, concerns or need to speak to or retain an attorney, call Michael Bouldin at Bouldin Law Firm.  Having practiced family and custody law for 22 years, you will get the answers.  Remember, don't just look for the answers you want, look for the right answers. For a consultation, email mike@bouldinlawfirm.com or call 859-581-6453 (581-MIKE) to schedule.

Felony Drug Possession

In Kentucky, possession of narcotics is almost always a felony charge.  Most people arrested are charged with PCS, Possession of Controlled Substance, first offense.  This is codified as KRS 218A.1415. If you have been charged, you shoudl hire an attorney.  For consultation, call 581-MIKE; 859-581-6453. Under PCS statute in Kentucky states:

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