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Kentucky Supreme Court Upholds 10 Year Look Back on DUI

In June, 2016 the Kentucky legislature changed the DUI look-back period from 5 to 10 years. The look-back period is the time that a Defendant will have the charge remaining on his record and is subject to greater and enhanced penalties for a second or subsequent offense. This was challenged by a large number of defendants, primarily because they had been told after a finding of guilt that it would result in a 2nd DUI if they got another one within the next 5 years. Additionally, the plea agreements were for anyone pleading guilty, specifically advised the defendant that a 2nd offense within 5 years would result in greater penalties.

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:

Felony Criminal Defense in Northern Kentucky

If you are charged with a felony crime, you are wise to hire an attorney to represent you throughout the process.  As a practicing attorney for 22 years in Northern Kentucky, the best advise is to "lawyer up" as soon as possible. ANY statement to the police or other investigating agency can and will be used against you.  The best meaning desire to be compliant with the officer will often lead to either an actual or allegation of a confession. If you have been charged or are the subject of investigation, schedule an appointment to meet with an experienced criminal defense attorney. As an attorney in Kenton, Campbell and Boone practicing criminal defense for well over 20 years, I have represented clients charged with almost every criminal classification in the Kentucky statutes.  This includes the entire Kentucky penal code, driving and DUI laws, as well as all drug statutes. Whether you are wanted for questioning, have been cited, charged or are under indictment, you should know your rights prior to any proceeding.  How you proceed depends greatly on your ability to determine your situation and the possible outcomes.  If you have the right to remain silent, it is often in your best interest to do so.  If you have a plea date, that could mean that your attorney has scheduled you for a plea or it could the the last date the Judge will entertain a negotiated plea, after which you should be prepared for trial.  Whether or not you accept ANY plea or choose to take  your case to trial should be your decision, after you have the facts and knowledge and advice of competent legal counsel. For representation in Cincinnati and Northern Kentucky, call Michael Bouldin at 581-MIKE, 859-581-6453 or email mike@bouldinlawfirm.com.

What If I Don't Qualify to Expunge a DVO?

I recently posted the standards for expunging an EPO/DVO.  See LINK. If you do not qualify, you shouild write a letter to your state Write your state representative.  I have done so and have encouraged clients, readers and potential clients to do the same through this website.  Let me again try to incite action! There is a House of Representative and State Congressman in your district.  Look it up online in Kentucky by following this LINK.  Tell him/her how the laws on protective orders are unfair and negatively impact your life.  You can have a EPO or DVO against you even if you never did anything. The large majority of EPOs and DVOs never relate to any charges or criminal convictions.  Point out that the Defendant/Respondent loses valuable constitutional rights:  the hearings are held without the right to an attorney, without discovery, without the right to a jury trial and the burden of proof is not beyond a reasonable doubt. Additionally, the judges often opt in favor of protection instead of actually listening to the evidence and seeing what is provided.  A mere allegation of a threat or fear, regardless of whether the fear is rational, is sufficient to many judges in Kentucky.   Since they are elected, Judges often make decisions based on "what ifs" in case there is ever a problem how will it look to potential voters in the next election. There have been recent changes to allow for expungements of EPOs, but it remains incomplete.  The expungement provision relates only to an EPO under KRS 403.745:  (a) If a petition under KRS 403.715 to 403.785 did not result in the issuance of a domestic violence order, the court in which the petition was heard may for good cause shown order the expungement of the records of the case if: 1. Six (6) months have elapsed since the case was dismissed; and 2. During the six (6) months preceding the expungement request, the respondent has not been bound by an order of protection issued for the protection of any person, including an order of protection as defined in KRS 456.010. (b) As used in this subsection, "expungement" has the same meaning as in KRS 431.079. Effective: January 1, 2016 If you have questions or concerns and need legal assistance, contact Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

Expunge DVO or EPO?

QUESTION: Hello, I recently seen your website when searching Google for answers about a DVO. So 4 years ago my wife and I had got into and argument where I had told her I was going to take my children etc. Well she had got a EPO against me claiming a bunch of stuff that was definitely false so that she could get temporary primary care of the kids, well this was brought before a judge with no evidence of the things that she had said on the paper. The judge for some reason still ruled in her favor and turned it into a 1 year DVO she later went back after about 3 months and tried dismissing the DVO which the judge said that he feels nothing was learned in this and there is a lesson to be learned so he kept it on there till it was lifted after the year. My wife and I have gotten back together after the year of the DVO and I'm unable to pursue my choice of career which is being a police officer. So my question is there anyway I can go before a judge or do anything for that matter to get this taken off me for good so I can live my life and provide for my family and the public. I live in Kentucky and I just want to talk to someone that knows more about this situation. Are these forever permanent and will I never be able to be a "trusted" guy in some eyes? LAW: There has recently been a change to allow for expungements AT ALL. The expungement provision relates only to an EPO under KRS 403.745: (a) If a petition under KRS 403.715 to 403.785 did not result in the issuance of a domestic violence order, the court in which the petition was heard may for good cause shown order the expungement of the records of the case if: 1. Six (6) months have elapsed since the case was dismissed; and 2. During the six (6) months preceding the expungement request, the respondent has not been bound by an order of protection issued for the protection of any person, including an order of protection as defined in KRS 456.010. (b) As used in this subsection, "expungement" has the same meaning as in KRS 431.079. Effective: January 1, 2016 ANSWER: Since your case DID result in the issuance of a DVO, there is no provision for sealing or expungement of the record. Send letters and lobby your legislators to pass laws that would allow for expungement of these things. Often these are filed to gain an advantage in a custody case and without any real proof or evidence. The DVO can be granted because the judge simply wants to make sure everyone is safe. Many judges believe that because it is "only a civil case" that it has no effect. Obviously, it DOES affect a persons rights as well as their perception by potential employers Your case is exactly why it is needed. If you have questions about expungment, EPO or DVO, call attorney Michael Bouldin at 581-MIKE (859-581-6453)and schedule an appointment or email at mwbouldin2@gmail.com.

Can I Expunge an EPO or DVO?

QUESTION: Hello, I recently seen your website when searching Google for answers about a DVO. So 4 years ago my wife and I had got into and argument where I had told her I was going to take my children etc. Well she had got a EPO against me claiming a bunch of stuff that was definitely false so that she could get temporary primary care of the kids, well this was brought before a judge with no evidence of the things that she had said on the paper. The judge for some reason still ruled in her favor and turned it into a 1 year DVO she later went back after about 3 months and tried dismissing the DVO which the judge said that he feels nothing was learned in this and there is a lesson to be learned so he kept it on there till it was lifted after the year. My wife and I have gotten back together after the year of the DVO and I'm unable to pursue my choice of career which is being a police officer. So my question is there anyway I can go before a judge or do anything for that matter to get this taken off me for good so I can live my life and provide for my family and the public. I live in Kentucky and I just want to talk to someone that knows more about this situation. Are these forever permanent and will I never be able to be a "trusted" guy in some eyes? LAW:  There has recently been a change to allow for expungements AT ALL.

Is it a Felony to Injury Police Dog in Kentucky?

The state Senate passed a bill which makes a Felony for assaulting a police dog.  This bill was approved last Monday and sent it to Republican Gov. Matt Bevin for his signature. Kentucky is one of six states that consider it a misdemeanor to harm a police dog, according to the United States Police Canine Association. Twelve states make it a felony to harm or kill a police dog regardless of the circumstances, while the penalties in 23 states depend on how bad the dog was harmed. "Most of the states are falling in line with protections human beings would have as well," Ferland said.  Unfortunately, those in favor fail to align the two.  You see, under current law in Kentucky is a misdemeanor to harm another person, not a felony.  It is only a felony if  you harm a police or other law enforcement officer.   It is also a felony if the person has serious physical injury or if the defendant uses a deadly weapon.  The new law places the injury to a police dog as similar to injury to a human. "I didn't understand it. To me, he's a partner, he's a police officer," Officer Lusardi said.  this Officer Lusardi is discussing one particular case where the charge to injuring the dog is a misdemanor.  It seems that all stories focus on one or two individual cases and the commitment of the police and the police dogs.  The reality is that in the United States, we have the right to confront our accusers under the 5th Amendment to the Constitution.  When the accuser is an animal, it is difficult to cross examine a dog. The suspect in that case also received no jail time for the assault, but was later arrested on other charges, according to Kenton County Commonwealth's Attorney Rob Sanders.  Clearly and rightfully, Sanders supports the police, both human and canine.  Like many other PC laws, it is hard to not be in support.  That said, in each case where the defendant harmed a police animal, there were significant other felonies for which they were charged.   In the specific case often cited by Mr. Sanders regarding Daleon Rice and the police dog, Ernie, the defendant is serving 40 years on his charges.  This begs, Do we really need to add another felony charge to this man, or anyone else, for a dog While I do personally love my dog and many animals, I also see this as a slippery slope.  Do we need more felonies?   It seems there is currently a push to make any mistreatment of animals a felony. This article is largely an editorial by criminal defense attorney Michael Bouldin.

Drug Trafficking Arrest

Hire an experienced and competent criminal defense attorney following your arrest. If you have been arrested for trafficking, selling or planning to sell, drugs you need to hire an experienced criminal defense attorney.  Drugs may include marijuana, cocaine, heroin or prescription medication and sale can be anything from one pill to kilos of cocaine. If you are charged with trafficking, it will almost undoubtedly be a felony charge.  The defendant will first appear in district court (municipal/room A in Ohio) for arraignment.  Soon thereafter a preliminary hearing will be scheduled.  this is a probable cause hearing and the court will almost always find that probable cause does exist and refer the case to the Grand Jury.  In Kentucky, this is within 10 days if incarcerated or 20 days if out of jail.  The time may be waived if the attorney wants more time to investigate prior to the hearing. Following the preliminary hearing, the case is heard by the Grand Jury.  the defendant does not appear or present evidence at this hearing which is conducted by the prosecutor.  The Grand Jury in Kentucky generally returns an indictment within 60 days.  This occurs within 2 weeks in Hamilton County.  Ask your attorney if you have questions about time limits and meanings. After being indicted, the defendant will appear in the Circuit Court (Common Pleas in Ohio) for an arraignment on the indictment.  Following arraignment, discovery begins and the lawyer can find what evidence the state has against the defendant and start discussing the chances at trial. Often plea negotiations begin following discovery as well.  The attorney can seek a n umber of alternatives and, like all cases, the negotiations improve if the prosecution case is weak.  Talk to your counsel about the case and what are good resolutions. Being able to navigate though the first court system, as well as federal versus state courts, is essential.  Talking about bail and what motions are appropriate is important to the client and how the judge perceives the defendant.  For a consultation and representation, call Michael Bouldin at Bouldin Law Firm at 859-581-6453 or email mike@bouldinlawfirm.com.

Need Help for Arrest?

HELP, I GOT ARRESTED.  These are often the first words out of the mouth of a person facing their first criminal charge.  WHAT DO I DO NOW?  This may be for a DUI, drunk and disorderly, intoxication, or other charges that are probably out of character for the defendant.  This can be a benefit to the defense and help with negotiating a favorable resolution. If you made a mistake, do not compound it by making a second mistake of trying to handle it yourself.  Most cases will get a much better resolution with the aid of an attorney.  An attorney can walk you through the steps and tell you what to expect.  The attorney also has direct access to the prosecutor and can discuss your case in private and often outside of the courtroom.  Most often, prosecutors will not do this with unrepresented defendants. The attorney also knows what should be expected from your case based on similar and past experiences.  For example, if this is your first misdemeanor and it is non-violent and fits certain parameters, the attorney may be able to get you into a diversion program.  A diversion program generally allows the defendant to have the case ultimately dismissed and expunged from their criminal record.  There may also be other programs or options available for resolution. Diversion programs vary by state and the program differs significantly whether the charges are a misdemeanor or a felony.  Your attorney can discuss what will be expected as well as the costs and time considerations for the program. If you have been charged, hire a lawyer who is experienced in criminal defense and/or DUI defense.  For more information on your charge, visit by website @ link.  For consultation or representation in Northern Kentucky, call Bouldin Law Firm and schedule an appointment with Michael Bouldin.  Call 859-581-6453 or email mike@bouldinlawfirm.com.

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