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July 2013 Archives

What is Theft By Deception

Often cases in Kentucky of bad checks are charged as Theft by Deception.  Most bad check cases are resolved through the county Cold check program.  Prosecutors in Kenton, Campbell and Boone counties have developed cold check programs in order to ease the burden that it would cause on the court system as well as keep people who only write one bad check out of the criminal justice system.  The program works like a diversion in that there is no admission to any crime.  The person writing the check will pay a fee and reimburse the merchant for the cost of the original check. The text for Theft by Deception follows this post, but basically if the check is under $500, it is a class A misdemeanor.  If the value is between $500 and 10,000, the charge is a class D felony and if the value is over $10,000, it escalates to a class C felony.  If you have been charged, legal fees may be fairly nominal.  Call Michael Bouldin for a consultation at 859-581-6453. KRS 514.040 Theft by deception.

What is Casey's Law?

Casey's law in Commonwealth of Kentucky allows a parent, spouse or other concerned individual to have their child involuntarily committed to a drug rehabilitation center for treatment of heroin and other drug addictions.  The Matthew Casey Wethington Act for Substance Abuse Intervention, (KRS (Kentucky Revised Statute) 222.430 - 222.437) became effective for the state of Kentucky on July 13, 2004. The steps for Casey's Law are as follows and found at and follow the link to Kentucky.

Are Rolling Papers Legal?

Wiz Khalifa put out an album in 2011 titled, Rolling Papers, referring to his use of marijuana.  The album went platinum and helped propel him into one of the top selling rap artists.  Rolling papers themselves are not illegal, unless they are used as a means to use illegal drugs.  In Kentucky, you can be charged with violation of KRS 218A.500 for possession of drug paraphernalia. KRS 218A.500 defines drug paraphernalia as: "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.Many factors may be considered when evaluating whether an item is paraphernalia or not.  Those are defined in KRS 218A.510. The basic test for rolling papers is, "was there drugs found together with the papers."  Since rolling papers are considered legal to sell, so long as they are not found together with drugs, there is seldom a prosecution for their possession.  Rolling papers are needed to smoke and roll legal tobacco for homemade cigarettes. Possession of drug paraphernalia and possession of marijuana are criminal matters and may involve jail time.  Conversely, they are also relatively minor and  a defendant may be able to achieve dismissal and expungement if handled correctly.  If you have been charged, you should consult with an attorney prior to court.  In Cincinnati and Northern Kentucky, contact defense attorney Michael W. Bouldin at [email protected] or call 859-581-6453 for a consultation.  

What are your rights at DUI checkpoint?

I respect people willing to stand up for their rights and believe modern technology improves honesty of officers and keeps them legitimate. YOUTUBE videos such as this cause police to operate within the confines of the law. That said, most often the best chance of beating a DUI case starts with respect and compliance with the officer. The question at that time is not what is best for society but what is best for you. The most common question that judges ask from an officer is "Was she/he polite?" It is important to know your rights. As Frederick Douglass pointed out, "Find out just what any people will quietly submit to and you will have the exact measure of the injustice and wrong which will be imposed on them." if you have been arrested for DUI or if you believe your rights were violated, seek legal advice and answers. In Northern Kentucky, contact Michael Bouldin at [email protected] or call 859-581-6453.

DUI on 4th of July and Update on Blood in Mouth

The police in Northern Kentucky know that many people are out drinking, partying, boating and driving on the Fourth of July and the number of DUI arrests correspondingly rise.  If you plan to go out for the July 4th weekend, make a plan for a sober driver, whether it be to get home from the cookout or boating on the water.  The statutes for boating DUI can be as strict as those for operating a motor vehicle on the roadways. If you have been arrested, contact a lawyer as soon as practical.  If you have court on Friday, July 5th or on Monday, July 8th, you can simply appear and enter a NOT Guilty plea and the court will then set a pretrial.   Do not plead guilty or sign a DUI guilty plea form. You will be given a pretrial date generally in 2-4 weeks whether you are in Boone, Campbell or Kenton county.  There is ample time after the initial arraignment to hire an attorney and get going on your case.  After we discuss your case and you pay the retainer, I will request all discovery from the prosecutor and officer and, if available, obtain a copy of the video of your driving and arrest.  The video is the number one tool to fight a DUI charge.  If you took the breathalyzer or had blood taken, I will also obtain the results as well as the proof that the machine was correctly maintained. Suppression UPDATE:  Kenton county reaffirmed today that blood in the mouth is a foreign object which invalidates a DUI breathalyzer test.  In the case my client had been in an accident.  The officer confirmed that he did have blood in his mouth at the time the intoxilyzer test was given.  The Commonwealth argued that it would not affect the results.  The court opined that the foreign object invalidated the test and the results from the breathalyzer test were suppressed.  The case is now set for trial at a later date. Call Michael Bouldin at 859-581-6453 (581-MIKE) or email at [email protected] .

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