What Is Trafficking?

Trafficking is the selling, distribution, or transfer of an item. When a defendant is charged with trafficking a controlled substance, or trafficking marijuana, it does not necessarily have to be a money-making venture. A person can be found guilty of trafficking by not only selling, but giving, prescribing or distributing illegal substances. Most drug trafficking charges are found in KRS 218A and following.

Additionally, trafficking can be proven as possession with intent to traffic. This can be proven in a number of ways, including: quantity, other indicia of intent, statements by the defendant, other witnesses to trafficking or evidence found that would indicate that a person plans to selling, distributing or transferring the drugs.

Trafficking of marijuana can be a misdemeanor or felony, depending on the quantity as well as if it was in a protected area, generally a school zone. Trafficking of a narcotic is generally a class C felony, but can be a D if there is a small quantity and can be a B if a second or subsequent offense.

If you have been charged with ANY trafficking offense, you should hire an experienced criminal defense attorney as soon as possible. In Northern Kentucky, contact Michael Bouldin at Bouldin Law Firm by calling 581-MIKE, 859-581-6453 or email mike@bouldinlawfirm.com.

How To Deal with a Narcissist in Divorce?

Narcissist is an often used, and generally overused, word in the divorce process. Nearly everyone has some narcissistic features, however very few people fit the medical/mental health definition of a narcissist.

A narcissist is defined as: a person who has an excessive interest in or admiration of themselves. People refer to narcissists as those who think the world revolves around them. The clinical definition of Narcissistic personality disorder — one of several types of personality disorders — is a mental condition in which people have an inflated sense of their own importance, a deep need for excessive attention and admiration, troubled relationships, and a lack of empathy for others.

This leads to the common question, “What is the difference between a contested and uncontested divorce?” That answer is simple, one the parties agree and the other they do not and must have a judge decide some or all of their disputed issues.

The underlying question is much more complex: Why do some people agree on terms and others fight?

There are many ways to deal with a person with excessive narcissistic personality features. It is important to share with your attorney if you believe that your spouse (ex-spouse) has these features and to develop a game plan in how to deal with them.

Using an attorney with extensive experience in dealing with a variety of litigants, especially narcissists, is helpful in not only handling the case, but also attempting to settle, deciding when to go to trial, and dealing with that person in the future. If you have children, the divorce is not the end of having to deal with the other parent.

If you have concerns and wish to discuss, contact Michael Bouldin at 859-581-6453 (581-MIKE) or email mike@bouldinlawfirm.com to schedule an appointment.

What is a Kiddie / <21 DUI?

A Kiddie DUI, or DUI for a person under the age of 21 years, can be charged if the driver is under the age of 21 and has a blood alcohol level over .02. The legal limit for a person over the age of 21 is .08.

A person can be convicted of DUI, or driving under the influence, based on a number of factors. Typically, a DUI is for driving while under the influence of drugs and/or alcohol. A conviction can be obtained if the defendant is driving a motor vehicle and under the influence or impaired by drugs or alcohol, or combination. Even if impairment is not noted, a person can be convicted if they are operating a vehicle with a blood alcohol over .08.

Regardless of age, generally if the driver has a blood or breath alcohol level over .08, they will be charged with thee standard adult DUI. Similarly, if the BAC level is over .15, the defendant will most likely be charged with an aggravated DUI, regardless of age.

A finding or plea to an Under 21, or Kiddie, DUI, has different consequences than a regular DUI. First, the fines are only up to $200 and there is no DUI service fee; as such the total cost is about $300 instead of $750. Additionally, an <21 DUI is not enhanceable, should the person later be charged with a 2nd DUI. Finally, there is a “zero tolerance” class that the < 21 defendant must take that differs from the minimum 20 hour DUI class.

If you have been charged with a DUI, whether regular, aggravated, high tier, or < 21, you should hire with an attorney. For consultation in Cincinnati or N.Ky., call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

Possession of Handgun & Drugs

Kentucky law allows for enhancement of any drug possession if the defendant also possesses a firearm. KRS 218A.992 provides:

Enhancement of penalty when in possession of a firearm at the time of commission of offense. (1) Other provisions of law notwithstanding, any person who is convicted of any violation of this chapter who, at the time of the commission of the offense and in furtherance of the offense, was in possession of a firearm, shall: (a) Be penalized one (1) class more severely than provided in the penalty provision pertaining to that offense if it is a felony; or (b) Be penalized as a Class D felon if the offense would otherwise be a misdemeanor. (2) The provisions of this section shall not apply to a violation of KRS 218A.210, 218A.1450, 218A.1451, or 218A.1452. 

The non-applicable provisions are as follows:
218A.210 – Schedule V Controlled Substances

218A.1450, .1451, .1452 – Trafficking, possession or cultivation of Savia

Interestingly, marijuana is NOT exempt from this enhancement. Despite possession of marijuana being a class B misdemeanor, the defendant who possession marijuana and a firearm is subject to begin penalized as a Class D Felon under 218A.992(1)(b). A class D felony carries 1-5 years in prison.

It is important to know your rights as well as possible consequences. While marijuana is illegal, the penalties may become much greater if you possess a firearm. If you are charged, contact Michael Bouldin at 859-581-6453 (581-MIKE) or email mike@bouldinlawfirm.com.

Not All Custody Is Equal

Equal Parenting Time In Kentucky

Presumption

In previous article I spoke of the Kentucky law that presumes shared custody and equal parenting time in Kentucky.   This law, KRS 403.270, remains perfectly valid and in effect, however recent case law underscores the importance of representation and knowing your rights.

New Kentucky Case Law

Barnett v. White

See above link for full case content.  Barnett v. White is the first case interpreting how 403.270 should be applied.  It states, “While the new version of KRS 403.270(2) puts a finger on the scale in favor of joint custody and equal time sharing by requiring only a preponderance of evidence to overcome, such a preference is a slight burden and the trial court continues to possess broad discretion in determining the best interest of the child as to who should have custody and where the child shall live.

DUI in Kentucky

FIrst Steps if Charged with DUI

If you are charged with a DUI (or OVI), you are facing serious legal consequences.  You should take immediate steps to hire an attorney who regularly practices in the county of your arrest.  For consultation in Northern Kentucky, contact Mike@bouldinlawfirm.com or call 859-581-6453 (581-MIKE).

What Are Consequences?

If you have been charged with 1st Offense DUI in Kentucky, you are facing penalties of 2-30 days incarceration and/or $200-500 fine, loss of license from 30-120 days and mandatory DUI fees, evaluation and treatment.  2nd and 3rd offenses have harsher penalties.  Know your rights to protect them.  Contact us today!

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What is the Cost of DUI?

Costs vary depending on your charges, call an attorney for retainer and estimate. While the cost of hiring an attorney is not cheap, it is essential to protect your rights and can end up saving money in the end.  It has been estimated that a typical DUI will cost over $10,000 after paying of legal fees, fines, costs, treatment and increased insurance costs.

Why Bouldin Law Firm?

With 25 years experience defending DUI cases, Michael Bouldin will direct the discovery, look for defenses and weaknesses in the case and discuss potential suppression and/or plea deals.  Some cases prove better after a trial or hearing, while others may benefit from a plea deal.  Use an attorney whose advice you can trust.

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Next Steps...

Call or email to schedule an appointment.  If you have court, call immediately and plead NOT GUILTY if you cannot get into an attorney before court.  Email or call 859-581-6453 / 581-MIKE today.

New Conceal Carry Law in Kentucky

Beginning July 1, 2019, Kentucky law changes regarding the ability to carry a concealed weapon. Prior to this change enacted by HB150, it was required that you first obtain a permit to carry a concealed deadly weapon. Under the new law, no permit is required if you are over 21 years of age and otherwise lawfully allowed to carry a firearm.

It is important to know that where you carry has not changed. You cannot carry a weapon into a police station, detention center, courthouse, bar/pub, school, or any establishment that prohibits weapons. This law does not give any additional rights to those convicted of a felony or under supervision by probation and parole.

Also, expect authorities to be stricter on cracking down on possession of handgun while also in possession of any illegal drugs. Under KRS 218A.1422 if you possess a handgun while in possession of any controlled substance, the charge is enhanced to a class D Felony pursuant to KRS 218A.992. This provision includes marijuana, for enhancement to a FELONY.

Also, Kentucky permits DO continue to exist and be issued. This may be required if you plan to carry your firearm into another state that does require a permit.

If you want more information, see HB150. If you need legal counsel or consultation, contact Michael Bouldin at Bouldin Law Firm by calling 859-581-6453 (581-MIKE) or email mike@bouldinlawfirm.com.

Joint Custody and Equal Parenting Time in KY

Kentucky law changed in June, 2018 which now allows for a presumption of joint custody and equal parenting time for both parents. Litigants should be aware this does not GUARANTEE that you will get either joint custody or equal parenting time, but it is the starting point for a judge to consider when determining the best interest of the children.

Interestingly, many family law practitioners (me included) do not believe that this legal change has caused any substantial change in how a judge would evaluate a case. For many years, judges have given equal weight to each parent when determining custody. The difference is that now there is a presumption, which is rebuttable by a preponderance of evidence.

What that phrase means is that if there is no evidence presented, the judge would be required to grant joint legal custody and equal parenting time. A party wishing to overcome this presumption would have to show substantial proof that joint custody is not in the child(ren)’s best interest. Often, evidence of abuse or neglect will be presented to show that one particular parent should not be granted joint legal or shared parenting.

This area is fraught with legal, evidentiary and practical issues. If you have a custody case, whether joint or you are seeking sole custody, you should consult an experienced family law attorney. Knowledge of the local judge is essential when presenting the case.

To schedule an appointment, call or email Emily@bouldinlawfirm.com. For more information or consultation in Boone, Campbell or Kenton county, contact the Bouldin Law Firm at 859-581-6453 or email info@bouldinlawfirm.com.

What is Collaborative Divorce?

I’m often asked about Collaborative Divorce since I was initially trained in the process 12 years ago. Collaborative divorce utilizes a goal of “divorce with dignity.” Often people that can no longer be married do not necessarily want to ruin the other spouse.

In those cases, often the parties consider the collaborative process. Parties agree to forgo court action and traditional litigation in favor of proceeding civilly toward a mutually agreeable resolution.

During the process, the parties each have their own attorneys who guide them through. They first meet and sign a collaborative agreement which outlines everyone’s responsibilities and expectations. The next step is to determine each parties’ Goals and Objectives and attempting to align them for a mutually beneficial resolution.

The team then decides if other collaborative professionals are needed: family support specialists, custody coordinators, financial neutrals, or business valuation experts. Once determined, the parties exchange information and work toward mutual resolution.

Often the process involves meeting with attorneys and parties to work toward common goals. Once identified, the parties work toward resolution of those goals – including custody, parenting time, division of assets and debts and financial independence, which may include support.

To find out more about collaborative process, or divorce in Kentucky or Ohio, contact Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

Bouldin Law Legal Website Returns

Thanks to those that assisted in our office move, renovation and updated website.  I hope that the change will benefit all past, present and future clients of Bouldin Law Firm.

The close of the office at 120 West Fifth Street has allowed for out expanded space at 619 Washington St., Covington, KY 41011.  We are only 1.5 blocks from the old location, with accommodations for most legal needs.

The new office houses only 2 attorneys, Michael W. Bouldin and Kristopher Nevels.  Kris is concentrating in accident/injury but rapidly building a criminal defense and custody practice.  Mike remains focused on client needs, predominantly in divorce/dissolution as well as criminal defense.

The firm also covers a variety of other concerns, such as estate planning, including preparation of wills, living wills, trusts and POA.  Niche’ areas of practice include Social Security Disability/SSI and KHSAA eligibility.

If you have legal concerns, please call our office at 859-581-6453 (581-MIKE) and ask our office manager, Emily, for assistance.  Email info@bouldinlawfirm.com.