This is an advertisement

Bouldin Law Firm
Get The Help You Need: 859-581-6453 (MIKE)
View Our Legal Services

April 2016 Archives

10 Year Lookback for KY DUI under New Law

Kentucky passed SB 56 this month which modified the lookback period for second and subsequent DUI convictions from 5 years to 10 years.  This may significantly alter the status of those previously convicted of DUI. The new law was signed by Governor Bevin on 4/9/2016 changing KRS 189A.010 in pertinent part from 5 to 10 years DUI for offenses.  Whereas attorneys have traditionally advised that Kentucky has a five (5) year lookback in which if you are convicted a second offense the fines and jail increase substantially, now that has changed to a ten (10) year period. If you have been previously convicted of a DUI, your chances of being charged with a second offense have significantly increased.  There remains to be seen constitutional and retroactive challenges regarding this issue.  For example: what if you were advised on your first offense of a 5 year lookback and now, 7 years later they are charging you with a second offense?

Expunge Felony In Kentucky NOW!

House Bill 40 has now been signed into law which allows expungement of certain felony convictions in Kentucky by amending KRS 431. The law appears to be in effect immediately, however there have not yet been issued AOC forms to comply with the new law. Some attorneys have created their own forms which should be in compliance with the new law. The law requires a waiting period of 5 years after completion of any sentence or probation. Amend KRS 431.076 to expand the scope of an expungement motion under that statute to include felonies referred to a grand jury where no indictment ensues; amend KRS 431.078 to expand that statute's expungement process to include Class D felonies; amend KRS 527.040 to expressly provide that an expunged felony does not trigger the application of that statute; create a new section of KRS Chapter 413 to prohibit the introduction of information pertaining to an expunged conviction as evidence in a civil suit or administrative proceeding alleging negligent hiring or licensing. Only certain cases are eligible for expungement.  If you have questions whether your case is eligible, you can compare with the relevant KRS statutes which ARE eligible to expunge: 17.175, 186.990, 194A.505, 194B.505, 217.181, 217.207, 217.208, 218A.140, 218A.1415, 218A.1416, 218A.1417, 218A.1418, 218A.1423, 218A.1439, 218A.282, 218A.284, 218A.286, 218A.320, 218A.322, 218A.324, 244.165, 286.11-057, 304.47-025, 324.990, 365.241, 434.155, 434.675, 434.850, 434.872, 511.040, 512.020, 514.030, 514.040, 514.050, 514.060, 514.065, 514.070, 514.080, 514.090, 514.100, 514.110, 514.120, 514.140, 514.150, 514.160, 516.030, 516.060, 516.090, 516.108, 517.120, 518.040, 522.040, 524.100, 525.113, 526.020, 526.030, 528.020, 528.040, 528.050, 530.010, or 530.050. For help with filing, contact attorney Michael Bouldin at [email protected] or call 859-581-MIKE (859-581-6453).  Speak to Emily to schedule a consultation.

Rape by Fraud

Last week I was wandering around the web when I ran across an article about a rape conviction in Israel. The reason everyone was up in arms was because the circumstances were such that most people would not think of it as rape. An Isreali woman met a man that said he was too. They had sex and she later found out that he was actually Palestinian (and married). Based on his lie about his ethnicity, he was convicted of rape.  The internet is filled with cries of outrage and disdain as well as opinions of some that justify the conviction. Kentucky law does not provide for a "rape by fraud."  In Kentucky rape requires forcible compulsion or incapacity to consent.  This can be accomplished due to mental illness, mental disability, under 16 years of age or being physically helpless.  Kentucky's southern neighbor in Tennessee does provide for this:  39-13-503. Rape. (a) Rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances: . . . . . (4) The sexual penetration is accomplished by fraud. The Tennessee statute is the one which is the most straight forward as a rape by fraud statute. However, there only seem to be two cases where the appellate courts address this. In each, the type of fraud is similar to that which is in the the older legal thread. In each, the lie told was such that the person having sex thought they were having sex with an entirely different physical person than the one with whom they were actually having sex with. In State v. Mitchell, 1999, C.C.A. No. 01C01-9612-CR-00502, a man convinced women he was their boyfriend and that he had a fantasy that they would have sex while she was blindfolded. In State v. Brigman, 2003, C.C.A. No. M2002-00461-CCA-R3-CD, a man convinced young men that if they were blindfolded a woman would come and perform oral sex on the young male, but did it himself. Both of these seem to indicate that conviction for rape by fraud is a difficult case to prosecute which would only occur in incredibly unusual situations. As a criminal defense attorney I have seen a number of cases where a women claims rape if she feels like she was used, defrauded or even where there is regret for actions. Being charged, even if innocent, with rape can subject a person to great distress, incarceration if the defendant cannot post sufficient bond, loss of employment and removal from school or university. Best rule: don't defraud someone to try and convince them to have sex.  If you been charged or questioned about sexual misconduct or rape, hire an experienced criminal defense lawyer.  for consultation in Kentucky contact Michael Bouldin at 859-581-6453 or email at [email protected].

A Law Firm Serving Northern Kentucky And Southwestern Ohio

Get Started Contact us Now »

Contact Us To Discuss Your Legal Matter Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy