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February 2016 Archives

Ft. Thomas Heroin Arrests

Ft. Thomas has begun to take proactive steps to increase arrests in attempt to decrease heroin use and abuse in Northern Kentucky.  WCPO reported on the initial arrest of a 28-year-old Cincinnati woman and confiscated eight ounces of heroin, eight ounces of crack, a loaded 9 millimeter handgun and $3,000 in cash. Local 12 had the exclusive picture. Again on February 22, 2016 a driving fatality is linked to heroin use while operating a vehicle.  This was reported by the Enquirer and was the latest possible case of "drugged driving" in Northern Kentucky resulted in a single-car crash that killed one person, ejected and critically injured a 7-month-old and injured two others Monday afternoon. While toxicology reports are not yet in, Fort Thomas police said they found syringes in the vehicle. In the midst of a heroin epidemic, neither law enforcement nor medical caregivers are surprised. The crash on eastbound Interstate 275 in Fort Thomas near the Ohio border occurred around 2:30 p.m. The vehicle involved rolled multiple times and tied up traffic in the region for more than four hours as officials removed the unidentified, deceased male and investigate. A number of additional arrests have been made by Ft. Thomas Police in Campbell County. Any criminal defendant arrested should be seeking the best criminal representation.  For consultation in Northern Kentucky, call the Bouldin Law Firm and schedule to meet with Michael Bouldin.  Contact at [email protected] or call 581-MIKE; 859-581-6453.  

New Year, New EPO & DV Laws

The Kentucky law on Emergency Protective Orders (EPO) and Domestic Violence (DV) has been expanded.  Since beginning of time (or at least as long as I've practiced law). Effective January 1, 2016 the laws in Kentucky regarding EPO and DV have been amended and expanded. The new law allows anyone who has been a victim of domestic violence or abuse to apply for and receive a Protective Order.

Can I File Taxes In Middle Of Divorce?

Simple answer: yes... but. More complex answer: it depends. Best answer: ask your attorney. Whether and how to file taxes is subject of debates and litigation.  This is especially a concern when there are exemptions and itemizing deductions.  If the parties are married at the end of the year, the parties generally must file as "Married, filing jointly" or "Married, filing separately." Simple Law:  IF married filing jointly, then both must agree and should sign the final documents.  Any refund will be sent to the parties and both must execute a refund check.  If filing separately, then only one party can claim any given child/person as an exemption and if one party itemizes then the other party is required to itemize as well. More Complex Law:  If you file separately without a Court OrderYOU may be subject to the court ordering you to refile, face contempt (if there is a Status Quo Order) or you may have to offset any gains with other marital assets and debts.  For example, last year I had a client file without court order and against my advice. She figured that if she filed jointly, they would split about $2,000 in refund and if she filed alone, head of household that she would receive about $8,000 refund in her name alone.  She took the chance. The judge made her refund $4,000 to her husband and made her pay 1/2 of Husband' tax liability (about $7,000).  She ended up financially much worse by seeking the quick and immediate refund. Best Law:  Either enter into an agreed order between parties to file jointly or best total and equally divide net refund/liability for taxes.  If an agreed order cannot be reached, ask the court for an Order on how to file for the given tax year.  Worst case, file for an extension and resolve the dispute before the October 15th deadline.

What is Difference Between Federal and State Crimes?

Whether you are charged under a federal crime or state crime often depends on the type of charge or may depend on the agency investigating/charging.

In general, if a city, county or state police investigates and makes the charge or arrest, you will likely be charged with a state crime.

State crimes often include: arson, forgery and possession of forged instruments, murder, receiving stolen property, drug possession and many drug trafficking, sex offenses, .  The large majority of misdemeanor arrests result in state crimes, for example: assault, all traffic and driving offenses, DUI, disorderly conduct, robbery (except bank), prostitution and theft.

If the FBI, DEA, ATF, Secret Service or other federal government agency investigates, you will likely be charged with a federal crime.

Federal crimes include: mail fraud, tax evasion, possession of federally prohibited firearms, counterfeiting, embezzlement, drug trafficking across state lines and generally with significant amounts, hijacking, bank robbery, immigration offenses, and distribution of child pornography across state lines or using internet.

If a DRUG STRIKE FORCE investigates or makes the arrest, you may be charged under local state law OR federal law.

The Northern Kentucky Drug Strike Force is comprised of both state and federal officers.  The charges generally depend on the amount of drugs involved, whether the case was a significant trafficker or a low level user and the amount of resources involved.  IF there are significant assets which may be seized, the chances increase of a federal charge.

Sentencing Depends on the Class of Felony and whether federal or state

Using the federal Guidelines Manual and Sentencing Table (PDF), a judge can see recommended sentences that take into account the felony class as well as the defendant's criminal history. This allows for someone with no criminal history to get a lighter sentence than a career criminal for the identical crime, while still staying within the published guidelines. States classify felonies in a manner similar to the federal system, although some states have more or fewer classes, and some use number rather than letter classifications. The sentence ranges for each class also vary by state.  In Kentucky, the class of crime determines the range of penalty.  For a class D Felony, the range is 1-5 years and a defendant may receive probation.*  This can be enhanced if the defendant is eligible as PFO for prior felonies. Both state and federal crimes may subject a defendant to deportation if they are not a US citizen.  Advise your attorney of your immigration status (even if illegal) so that he can consider this factor if you are not a citizen. If you or a loved one has been accused of a felony, contact an attorney.  For consultation regarding state or federal charges in Northern Kentucky, contact Michael Bouldin at [email protected] or call 859-581-6453.

To Agree or Disagree? That Is The Question

Divorcing parties are faced with the often difficult decision of whether to agree or not agree.  This may be with respect to one issue or a multitude of issues.  The most difficult issues facing divorcing litigants are: how to divide assets, how to divide debt, should it be joint or sole custody, what is the parenting time, how much child support and how much, if any, spousal support. Of these issues, the two primary are custody/parenting and spousal support:

Robbery, Burglary, and Theft in Kentucky

In Kentucky, the charges of Robbery, Burglary and Theft are often closely intertwined.  The KRS statutes are all within the criminal charges section, defined as the Kentucky Penal Code, and they are related insofar as the essential elements overlap and seem very similar at first glance.  While they do overlap, they are separate and distinct charges. Theft is the unlawful taking of the property of another.  Theft and related offenses are located in KRS 514 and following. Robbery is defined as using force or threatened use of force to commit a theft and is codified in KRS 515.010, 020 and 030. Burglary is breaking and entering, or illegally being on property of another, with the intent of committing a crime. Burglary is codified in KRS 511 et al.  Often this is confusing because the crime is presumed and often is that of theft.  However, a defendant can be charged and convicted of breaking and entering to commit any crime.  Other crimes may be attempted rape, assault, or arson. All of these charges are serious charges and, unless the theft is under $500, are generally felony charges.  If you have been charged with Robbery, theft or burglary, you need to hire an experienced criminal defense attorney.  For representation in Campbell, Kenton, Boone or Grant county, call Michael Bouldin at the Bouldin Law Firm.  Call Mike at 859-581-6453 or email at [email protected]. [huge_it_maps id="1"]

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