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April 2011 Archives

Can I Grow My Own Marijuana?

It is illegal to grow marijuana in the Commonwealth of Kentucky. There is also no such thing as medicinal marijuana in Kentucky. Although it may be legal in California, federal law as well as Kentucky and most other states, forbid the possession or growth of marijuana. As an aside, it is also illegal to travel out of California with your medical marijuana. Your prescription from California does you no good in Kentucky. Growing marijuana will likely land you in jail. Marijuana Cultivation is a class A misdemeanor if the person charged has fewer than 5 plants and it is a first offense. KRS 218A.1423 defines cultivation of marijuana and prescribes the penalties. If a person is growing 5 plants or more, it is a Class D felony for a first offense and class C felony for second or subsequent offense. Class A misdemeanors are punishable by up to 12 months in jail. Class D felonies are punishable by 1-5 years imprisonment and Class C felonies are punishable by 5-10 years in prison. If you have been chaged with possession, trafficking or cultivation of marijuana, you should contact an attorney as soon as possible. For more information you can read herein or check out my website at If you wish to consult with an attorney, call or email Michael Bouldin at [email protected] or call 859-581-6453.

Are Any Changes Pending in Kentucky Criminal Law?

There are substantial changes pending with the criminal code as well drug laws in the Commonwealth of Kentucky. These provisions will have a significant impact on nearly all drug cases within the state of Kentucky as well as many other types of criminal cases. Many of the changes are intended to lessen the jail population within the state. If you are charged in a criminal case, you should know if you are charged under a new or old law and how it may affect you. Specifically, the HB 463 regarding Controlled Substances and Sentencing Reform has already passed. This requires citations for many misdemeanors, drug laws are more rational, a few enhancers have been taken out of the drug laws, simple possession of marijuana is modified from an A misdemeanor (punishable by up to 12 months in jail) to a mini-Class B misdemeanor (punishable by up to 45 days in jail maximum). Other changes include deferred prosecution for possession of narcotics, meth, LSD, PCP and GHB. HB463 also introduces mini-class D felony and mini-Class A and B misdemeanors. Another law which will take place in HB 313 includes expanded locations to store guns, or concealed deadly weapons, within a vehicles. This will change the requirements for proof of CCW (carrying a concealed weapon) within the state of Kentucky. if you are facing charges for virtually any drug possession charge, you should contact an experienced criminal defense attorney immediately. The new changes may or may not be applicable, depending not only on the time of the arrest but also the date the law takes effect and possibly the date of plea or sentencing. These new changes could significantly change how the case is handled and the sentence imposed. If you would like to schedule a consultation in Northern Kentucky, contact Michael W. Bouldin at [email protected] or call 859-581-MIKE (581-6453).

What If I Don't File Taxes?

If you do not file taxes you may be charged with tax evasion at the local, state or federal level. Often people only think of the IRS performing a tax audit; however many local municipalities, including Kenton County and City of Covington have and continue to perform audits. Filing estimated taxes should be done if you cannot file your taxes by the designated deadline, usually April 15th of each year. While this may seem like common knowledge to many people, if you are paid regular W2 wages, your employer withholds taxes which is often enough to cover any tax liabilities for the year. Filing taxes often means a refund for those filing. The United States government has also made provisions for illegal aliens to file taxes. The fact that an illegal aliens files taxes cannot be used to prosecute for illegal entry. Illegal aliens CAN be held responsible for not filing taxes. The US government wants money for taxes which are earned in the US, regardless of your status. Often times both individuals and businesses can file taxes for past years to either correct or initially file tax returns. If you file before being investigated, you can often avoid criminal responsibility. If you have not filed, you should consult a tax specialist (accountant) and file for any years you missed. If you are the targed of a criminal investigation or if you have been charged with tax evasion, you will likely need both a criminal defense attorney and a good accountant. If you have questions for an attorney regarding these types of criminal charges, you can consult with Michael W. Bouldin in Northern Kentucky by emailing at [email protected] or call 859-581-MIKE (581-6453).

What is Assault 1st, 2nd, 3rd or 4th?

In Kentucky a person can be charged with assault in the first, second, third or fourth degree. The crime varies based on a number of factors. Assault in the first degree is the most serious felony charge of assault. It requires severe injury and a deadly weapon. The definition of "severe injury" in Kentucky is very specific and even though the injury may seem severe to an average person, it may or may not fit the exact definition. If there is only one: either a weapon or severe injury, the charge is typically second degree assault. Second degree assault is also a serious felony case in Kentucky. Third degree assault is reserved for simple assault against a police officer. There are some other persons; social workers and jailers, who also qualify. Third degree is generally a 4th degree assault but against the specific individual. Third degree assault is also a felony in Kentucky and the severity is often determined by a number of factors including, but not limited to: injury to the officer, facts of the case, defendant's criminal history, level of intoxication and whether the person knew or should have know that the victim was a police officer. Fourth degree assault is a misdemeanor and does not involve a deadly weapon or serious physical injury to the victim. This can range from a slap to fairly serious injuries. As such, the sentence can vary greatly based on a number of factors. 4th degree assault is punishable by up to 12 months in prison and often includes requirement of restitution, anger management or other factors if the defendant is granted probation. If you have been charged with any degree of assault you should seek the advice of a criminal defense attorney. History dealing with these types of case can greatly affect the ultimate resolution and each case may be treated significantly differently. If you have been charged in Boone, Campbell, Kenton or Gallatin counties, you can ask questions of Michael W. Bouldin, attorney at law, by calling 859-581-6453 (581-MIKE) or [email protected]

Opening Day Arrest for PI, AI, DC or DUI

Many loyal fans get arrested in Northern Kentucky after Cincinnati Reds opening day. The major source of the problem is that it is often a long day of drinking alcohol which leads to poor decisions. Typical charges include PI (public intoxication), AI (alcohol intoxication), DC (disorderly conduct) or DUI (driving under the influence). The cities of Covington, Newport, Bellevue and Cincinnati abound with arrests on and following opening day and many other holidays or days of celebration. The best advice is to hire a lawyer prior to your first court appearance. If you are from out of town, the lawyer may be able to lead you through the process without the necessity of costly travel to and from the Cincinnati area for court. The lawyer may also be able to negotiate a very favorable deal for these types of charges. Arrests for DUI, also know as OVI (operating a vehicle while intoxicated), also increase significantly during periods of celebration, whether it be for opening day, St. Patrick's Day or any other holiday. The police increase their patrols during these times AND more people do drive while intoxicated during these times. In some cases, the police do a very good job of getting drunk drivers off of the roadways. In other cases, the police are looking for an opportunity to make an arrest. In either case, a good criminal defense and DUI attorney can be of great assistance. In the former, the attorney may negotiate favorable terms for a plea deal. In the latter, the attorney may be able to mount a good defense to the charges. If you have been charged with PI, DC, DUI or AI in Kenton, Campbell or Hamilton counties and have questions, you can contact Michael W. Bouldin at [email protected] or call 859-581-6453 (581-MIKE) for more information. Know and protect your rights!

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