What To Expect After DUI Arrest In Kentucky

If you have been arrested for DUI in Kentucky, there are a number of steps.

First, you will appear in court soon after the arrest. If you are in custody, you will appear on the next business day. On a first offense, you will typically be granted an OR (own recognizance) bond after you have been in jail for 3-5 hours. If you are released from jail, you will be given paperwork with your next court date, which is generally in 1-2 weeks.

Your first appearance is called arraignment. The arraignment is simply to advise you of the charges, potential penalties and allow for a plea of either guilty or not guilty. If you plead guilty, you will be sentenced at that time. It is strongly recommended that you hire an attorney as early in the process as possible. If you have not yet consulted an attorney, plead NOT GUILTY and then ask for time.

After your Not Guilty plea, the case will be scheduled for a Pre-Trial Conference. This gives the defense attorney an opportunity to review all of the case file, including video, officer notes, field notes, and reports. Often the attorney will also “pre-try” the case with the arresting officer to determine the strength of the prosecution’s case as well as any suppression issues which may be present.

Possible penalties for first offense DUI in Kentucky include 3-30 days of jail and/or $200-500 fine, 30-120 day license suspension, mandatory DUI service fee, court costs, Alcohol/Drug evaluation and any classes recommended (20 hour minimum). The costs and fees will range from $750-$1050. If an aggravating circumstance exists, there is a mandatory 4 days of incarceration.

Realize that often there are other charges which accompany a DUI. Those may be traffic offenses, license or insurance issues, or possession of some other illegal substance. Citations may also include felony charges for wanton endangerment, assault, or homicide charges. These may be dismissed or may be more serious than the DUI charge and require special care.

If you have been charged with DUI or any other crime in Kentucky, you should seek legal advice and hire an experienced criminal defense attorney. For consultation in Northern Kentucky or Cincinnati, call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

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Marijuana Dismissal in Cincinnati

Yesterday I represented a criminal defendant charged with possession of marijuana in Hamilton County, Ohio. While I cannot be certain without a thorough research of all marijuana cases in Cincinnati, I believe that was the first case that the City of Cincinnati agreed to dismiss a case for possession of marijuana in Hamilton County. As has been widely publicized, the City of Cincinnati has passed city-wide legislation to decriminalize possession of marijuana for personal use.

My client, who will remain nameless to protect his identity, was charged with possession of marijuana, being less than 100 grams. (Expungement will be forthcoming). The actual amount was less than 14 grams,clearly a “personal use” amount and there was no other indicia of trafficking or other illegal activity.

The defendant was smoking inside of his car when the officer approached. He was polite, admitted to smoking and allowed search of the vehicle. While not certain, having practiced criminal defense for 25 years, I am confident that the defendant’s compliance and attitude toward the officer helped in the resolution of the case.

This Defendant’s case has been pending for awhile, and was scheduled for trial on August 15, 2019. Counsel for the Defendant had been scheduling the matter to try to have the trial scheduled after City counsel could consider and vote on the proposal to decriminalize possession.

Warning: possession of marijuana remains a state crime ion both Ohio and Kentucky, as well as a federal crime. The decriminalization in Cincinnati is a city counsel ordinance and may only be available as a choice by city prosecutors. Additionally, other crimes such as possession of drug paraphernalia may or may not be prosecuted.

If you have been charged with any crime, contact an attorney to protect your rights. In Northern Kentucky and Cincinnati, contact Michael Bouldin at 859-581-6453 (581-MIKE) or email mike@bouldinlawfirm.com.

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What Is Trafficking?

Trafficking is the selling, distribution, or transfer of an item. When a defendant is charged with trafficking a controlled substance, or trafficking marijuana, it does not necessarily have to be a money-making venture. A person can be found guilty of trafficking by not only selling, but giving, prescribing or distributing illegal substances. Most drug trafficking charges are found in KRS 218A and following.

Additionally, trafficking can be proven as possession with intent to traffic. This can be proven in a number of ways, including: quantity, other indicia of intent, statements by the defendant, other witnesses to trafficking or evidence found that would indicate that a person plans to selling, distributing or transferring the drugs.

Trafficking of marijuana can be a misdemeanor or felony, depending on the quantity as well as if it was in a protected area, generally a school zone. Trafficking of a narcotic is generally a class C felony, but can be a D if there is a small quantity and can be a B if a second or subsequent offense.

If you have been charged with ANY trafficking offense, you should hire an experienced criminal defense attorney as soon as possible. In Northern Kentucky, contact Michael Bouldin at Bouldin Law Firm by calling 581-MIKE, 859-581-6453 or email mike@bouldinlawfirm.com.

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