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March 2015 Archives

Kentucky Embezzlement Laws

Kentucky embezzlement laws are codified under KRS 514 in the THEFT statutes of criminal law.  Embezzlement is defined as theft or misappropriation of funds placed in one's trust or belonging to one's employer. Generally in Kentucky, persons are charged with KRS 514.030 theft by unlawful taking or KRS 514.040 theft by deception. Occasionally a prosecutor may charge under KRS 514.070 theft by failure to make required disposition.  The cases may be handled in state court or may be transferred to federal court.  The ultimately decision rests with the prosecutor, but is generally determined by the agency investigating the case. Theft by unlawful taking (KRS 514.030) is a class D felony if over $500 but less than $10,000 and is considered as a class C felony if more than $10,000 but less than $1,000,000.  The charge and penalty increases to a class B felony if the amount exceeds $1,000,000. Theft by deception (KRS 514.040) is a class D felony if amount is over $500 but less than $10,000.  Similar to theft by unlawful taking, the charge and penalties increase to a class C felony if more than $10,000. As previously discussed elsewhere herein, class D felonies are generally punishable by 1-5 years, class C felonies 5-10 and class B felonies 10-20 years of incarceration.  All felonies are likely eligible for probation and most theft charges also include restitution as part of any criminal sentence. A major consideration in nearly all embezzlement cases is the possibility, if not likelihood, of separate or competing federal criminal embezzlement charges.  When selecting a criminal defense attorney, make sure that your attorney has history working in both the state and federal system.  There are many times that avoidance of federal court may greatly benefit the defendant, especially when dealing with the Federal Sentencing Guidelines. If you have been charged with theft or embezzlement in Kentucky or federal court, contact an experienced criminal defense attorney.  For a consultation, contact Michael Bouldin at the Bouldin Law Firm by email at [email protected] or call 581-MIKE 859-581-6453.

Divorcing Business Owners

I am often asked the following questions: Are special considerations for business owners?  How can I keep my business through a divorce?  How much of my business is my spouse entitled to receive in a divorce?    How can I pay half of the value to my wife and keep my business? All of these are good questions and generally require an attorney (or 2) with experience handling business matters, evaluating and valuing of businesses, considering alternate financial options for payout/buyout, and understanding of matters unique to business owners. Having practice both divorce law and business law for over 20 years, many questions and considerations can be answered without consulting a specialist or business evaluator for every question.  The use or of a qualified business evaluator may be essential in establishing a reasonable valuation for a business. Many family law attorneys have background in psychology, English, social services or other areas of arts and sciences and may be excellent in dealing with families going through divorce.  A good family lawyer can understand and empathize with litigants and help them through the process of dividing a family, child custody and parenting issues. While that is obviously an area that all family law attorneys handle, some others also have a business background and experience in the business world.  Understanding the financial goals, the difference between gross and net income and the necessity of cash flow, regardless of income, is essential to allow a business to continue to survive and thrive.  My goal is for a thriving business to be able to continue to maintain the lifestyle and continue to thrive, despite a pending divorce or dissolution. Prior to practicing divorce law, I held position in a consulting company and obtained a degree from Miami University in business economics.  I understand business and valuation.  I understand the time constraints, financial pressures and constant worry on business owners. If you are going through a divorce and have concerns about your business, call for a consultation.  Contact by calling 859-581-6453 or email [email protected].  Consultations are confidential and can be scheduled at mutual convenient times.

Can My Spouse Use KASPER Report In Custody Case?

I was recently asked if a KASPER report can be used in a custody case.  The questioner advised that a friend of one of the parties is a pharmacist and had obtained the report solely for her friend. As such, it is illegal to access a KASPER report for such purposes. It is also illegal to obtain the report, illegal to use the report and should be inadmissible in your domestic trial. That said, the attorney may simply ask you questions about your drug use and prescription history, forcing you to admit on yourself.  The report should not be admissible even for cross examination purposes because it was obtained illegally.  I cannot imagine that the attorney would admit how it was obtained, nor that the pharmacist would testify as to its authenticity. I might suggest to your attorney speak to opposing counsel.  He may put in writing that if any such report does exist that any use of the report or its contents will necessarily be submitted to the bar for ethics violation. It is criminal for the pharmacist to obtain and possibly for the attorney to use. Pursuant to KRS 218A.202 governs KASPER reporting and obtaining of such reports.  Numerous agencies, including investigations, pharmacists and physicians may obtain reports, however they are limited in the reasons and nature of the request. Pursuant to KRS 218A.202(6), a pharmacist may obtain under the following conditions: (6)(e) A practitioner or pharmacist, or employee of the practitioner's or pharmacist's practice acting under the specific direction of the practitioner or pharmacist, who requests information and certifies that the requested information is for the purpose of: 1. Providing medical or pharmaceutical treatment to a bona fide current or prospective patient; or 2. Reviewing and assessing the individual prescribing or dispensing patterns of the practitioner or pharmacist or to determine the accuracy and completeness of information contained in the monitoring system. If you have questions about the use of a KASPER report or any other potential evidence in your divorce case, contact your attorney.  For a consultation in Norhtern Kentucky, call Michael Bouldin at [email protected] or call 581-MIKE; 859-581-6453.

What If I Blow Under on DUI?

If you submit to the intoxilyzer/breathalyzer you have already given evidence to the prosecution of your level of impairment.  In Kentucky, if the breathalyzer result is over .08 BAC then you can be found guilty of DUI, regardless of your driving or field sobriety tests.  .08 is considered a prohibitive amount of alcohol in your blood to operate a motor vehicle. If you blow under a .08, that is not a guarantee that you cannot be convicted of DUI.  It does lessen the likelihood of a conviction, but the Commonwealth may continue to pursue under the theory of drugs and/or alcohol leading to impairment or simply operating a motor vehicle while under the influence of alcohol.  Everyone knows people who are "impaired" after only one or two drinks, regardless of their relatively low blood alcohol content.  Those people can still be convicted as driving while impaired.  You may also know individuals that do not appear impaired even though they drink a case of beer.  Those individuals may be convicted of driving with a prohibitive blood alcohol concentration. If you have been charged with DUI, it is highly advisable to hire an attorney, regardless of your breathalyzer result.  If you blow under the legal limit, the attorney can utilize that to show lack of impairment as well as try to negotiate or litigate your case for an acceptable resolution. As an aside, many people confuse the high tier limit of .15 (.17 in Ohio) with the DUI limit of .08 (both Ky and Oh).  The high tier limit generally means mandatory incarceration, possibly higher fines and longer suspensions.  Blowing under the high tier limit does not guarantee any particular resolution to your case. If you have been charged with DUI in Kentucky or OVI in Ohio, contact MICHAEL BOULDIN at [email protected] or call the office and schedule a consultation at 581-MIKE; 859-581-6453.

Who Gets Alimony in Kentucky?

Kentucky divorce law allows for alimony to either spouse if they are unable to meet their reasonable financial needs.  Alimony in Kentucky is technically called maintenance.  Maintenance is also referred to as alimony or spousal support.  KRS 403.220 is the Kentucky statute which defines maintenance and the two (2) part test:

DUI Attorneys Near Me - NKY

If you are in Northern Kentucky counties of Boone Campbell or Kenton and are looking for a DUI defense attorney near you, contact the law firm of Michael Bouldin.  Michael has been practicing DUI and criminal defense in northern Kentucky for over 20 years and has extensive experience handling DUI cases throughout the area.  You can contact Michael Bouldin in a number of ways, including:

DUI Attorney and Lawyer

There are many very good DUI lawyers and DUI attorneys in Northern Kentucky.  I have been practicing criminal and DUI law in Kentucky for over 20 years.  Kentucky does not certify specalty of practice but attorneys do generally spend more time in one area or another.  DUI attorneys generally handle cases with the intent of winning each case.  Of course, after thorough evaluation of evidence and information, there are times that a jury trial is not determined to be in the best interest of the client.  There are times when a plea deal may be reached to allow the defendant to avoid harsher penalties or to minimize the effect of a guilty verdict. Each case is treated individually and without preconceived ideas on the defense.  If  a stop was improper, a Motion to Suppress will likely be filed to try to have the totality of the stop and arrest suppressed from evidence.  If a suppression motion such as this is granted, the case will likely be dismissed for lack of evidence.  There are times that a breathalyzer malfunctions, a blood test is lost or a refusal becomes a major issue in the case.  In any event, you will need an attorney to protect your rights and fight for your liberty. Michael Bouldin has handled hundreds of DUI defense cases over the years.  Those case have predominantly been in Boone, Campbell and Kenton counties as well as Hamilton County, Ohio.  Other cases have been taken in Gallatin, Grant and Pendleton county, among others.  It is good for your attorney to know both the prosecutor as well as the judge who will preside over the individual case. Get to know Michael Bouldin: [embed][/embed] If you have questions or concerns about DUI or you have been arrested,  you need to contact an experienced defense attorney.  For consultation in Northern Kentucky, contact the Bouldin Law Firm at [email protected] or call 859-581-6453 for an appointment.  Call today, 581-MIKE.

Are Maintenance and Alimony Similar?

Kentucky did away with the term alimony and now calls spousal support maintenance.  If one party in a divorce is financially unable to meet their reasonable needs and the other party has sufficient means, the court may award maintenance to one party.  If maintenance is awarded, the receiving spouse must claim that as income on their taxes and the paying party may deduct the payments from his taxes.  Maintenance may be paid from or to either party and is seldom considered that may be paid from wife to husband. Maintenance has previously been discussed and is codified in KRS 403.200 as follows:

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