Even though the terms “bail” and “bond” mean slightly different things, they are often used interchangeably in Kentucky courts.  They both generally refer to money paid to release a defendant from custody while his or her case is pending.

For the money to be returned, the defendant must comply with everything the Court orders while the case is pending.  The Court typically requires that the defendant stay out of trouble and show up to all mandatory Court appearances.  If the defendant violates the judge’s conditions of the bond while out of custody, the money can be forfeited (taken by the Court) after a bond forfeiture hearing.

When determining the amount of a defendant’s bail, the judge will consider several factors.  In Kentucky, the bail amount shall be:

1. Sufficient to insure compliance with the conditions of release set by the court;
2. Not oppressive;
3. Commensurate (corresponding) with the nature of the offense charged;
4. Considerate of the past criminal acts and the reasonably anticipated conduct of the defendant if released; and
5. Considerate of the financial ability of the defendant.

KRS 431.525.

Several factors can affect the amount of the bail, including (but not limited to) the following:

• The defendant’s criminal history,
• The defendant’s history (if any) of appearing (or failing to appear) for court appearances, and
• The defendant’s age and family situation.

In addition, the judge can use his or her discretion to increase the bail amount or alter the bond’s conditions in other ways.  The judge could even refuse to release the defendant from jail with a proper explanation in the order.

The bail may be reviewed at every stage in the criminal trial process.  If a judge refuses to lower bail at the arraignment, for example, it could still be lowered at the preliminary hearing (which occurs later).  However, in some cases, a judge will not review and lower a defendant’s bail unless some of the defendant’s information, such as his or her residential address, has been verified by third parties through the Court’s Pretrial Services office.

If you are interested in reducing your bail amount or changing the conditions of your bond, you need to speak with an experienced criminal defense attorney.  He or she will be able to guide you through the legal process and present your best arguments.

If you (or a loved one) are interested in reducing your bail amount or changing the conditions of your bond in Kentucky (or the Lexington area in particular), call my office for a free consultation at (859) 685-1055.

In Kentucky, a defendant under “unsupervised probation” may or may not be given a probation officer to whom he or she must report.  However, probation can be revoked if a defendant commits a misdemeanor or felony offense (but not tickets for simple violations, such as speeding) during the probation period.  In such an instance, a defendant could face part (or all) of his or her sentence for the original charge.

The defendant could also face a charge for the new offense committed that caused the probation to be revoked.  The prosecution has a reduced burden of proof when establishing that the defendant violated his or her probation conditions.  The prosecutor must only prove the defendant’s guilt by a “preponderance of the evidence” rather than “beyond a reasonable doubt.”

If you (or a loved one) have been arrested or accused of violating your probation conditions in Kentucky (or in the Lexington area in particular), call my office for a free consultation at (859) 685-1055.

In Kentucky, the trial court has discretion when determining probation.  The court often orders probation as a result of a defendant’s guilty plea.  In most cases (but not always), a defendant gives up his or her right to appeal the case when he or she pleads guilty.

A defendant is not able to “appeal” his or her probation conditions in most cases.  If you wish to have your probation modified, you should contact an experienced criminal defense lawyer.

If you (or a loved one) face criminal charges in Kentucky (or in the Lexington area in particular), call my office for a free consultation at (859) 685-1055.

In Kentucky, a defendant convicted for the offense of criminal mischief in the third (3rd) degree could face up to ninety (90) days in jail and/or a fine of up to two hundred fifty dollars ($250).  KRS 512.040.

If you face a charge for criminal mischief in the third (3rd) degree, the actual disposition of your case will depend on the facts of your case, your prior offenses, and the prosecution’s recommendation if your case is to be settled.  If your case goes to trial, your potential innocence or guilt (and potential punishment) will ordinarily be up to a jury.  If you prefer, however, your case could be heard by a judge sitting without a jury.  If you face such charges, you should consult with an experienced criminal defense attorney.  He or she will be able to advise you on your rights and potential defenses.

If you (or a loved one) face a criminal mischief charge in Kentucky (or in the Lexington area in particular), call my office at (859) 685-1055 for a free consultation with an experienced Kentucky Criminal Defense Lawyer.

In Kentucky, a person is guilty of criminal trespass in the third (3rd) degree when he or she “knowingly enters or remains unlawfully in or upon premises.”  KRS 511.080.

Upon a conviction, several factors could affect a defendant’s sentence, including the specific facts in the case and any of the defendant’s prior offenses.  Since criminal trespass in the third (3rd) degree is a violation, the sentence upon conviction would usually include a fine.  Even if the prosecution has sufficient evidence of this violation for a conviction, the defendant could be eligible for a diversion program.  A defendant in this situation should consult with an experienced criminal defense attorney to discuss potential defenses and options.

If you (or a loved one) face criminal trespass charges in Kentucky (or in the Lexington area in particular), call my office at (859) 685-1055 for a free consultation with an experienced Lexington, Kentucky Criminal Defense Attorney.

For most misdemeanors, the Statute of Limitations is one (1) year in Kentucky.

If you (or a loved one) face misdemeanor charges in Kentucky (or in the Lexington area in particular), call my office for a free consultation at (859) 685-1055.

Yes, a witness’s statement during a police interview can be used against you.  However, the witness would typically have to testify in person during court.  In addition, you would have the right to confront the witness and ask your own questions.

If you (or a loved one) face charges in Kentucky (or in the Lexington area in particular), call my office for a free consultation at (859) 685-1055.

In almost all situations, you should plead “not guilty” at your initial appearance in Kentucky state or federal court.

Some people believe that the prosecutor or judge will take it easy on you if you plead “guilty” at your first appearance.  This is not true.

Actually, it is common for defendants to plead “not guilty” at this time, and the judge and prosecutor will not hold it against you.  It is unlikely that you or an attorney (public or private) working for you has discovered all of the evidence against you or all of your available defenses this early in the trial process.

If you face charges in Kentucky state or federal court, you should immediately consult a local criminal defense lawyer.  An attorney with experience in these cases will best know how to handle your case and work toward the best possible outcome.

If you (or a loved one) have upcoming court proceedings in Kentucky (or in the Lexington area in particular), call my office for a free consultation at (859) 685-1055.

Yes, you can.  In Kentucky, if you have been waiting for court appearances while being detained in pre-trial custody, you will be credited for each day served in jail at the time of your final sentencing.

Assume the following facts to illustrate how this works:

• You were arrested and taken to jail.
• You were read your Miranda rights, and you immediately confessed to committing Fourth (4th) Degree Assault.
• The next day, you were charged and arraigned in a District Court in Kentucky.
• Approximately one week later, you entered into a plea agreement with the prosecutor due to the great amount of evidence against you (especially your confession).
• The judge refused to lower your high financial bond because you missed some traffic court dates in the past and allegedly committed a violent offense in this case.
• As a result, you were unable to get out of jail and you remained in pre-trial custody for a total of five (5) days before the date of your Guilty Plea and Sentencing.
• You received a sentence of 12 months pursuant to your plea agreement, but you only have to serve fourteen (14) days.  The remainder of the time (approximately 11 and ½ months) was probated for a 2 year period.
• As a result of credit for time served, you would only be required to serve an additional nine (9) days in jail after you were sentenced.
• Keep in mind, however, that you could serve more time in jail if you are found to have violated the terms of your probation during your two years on probation.

If you, or a loved one, face criminal charges in Kentucky (or in the Lexington area in particular), call my office for a free consultation at (859) 685-1055.

Fourth (4th) Degree Assault is usually not a felony.  Instead, it is a Class A Misdemeanor, which is considered the highest class of misdemeanors.  Usually, Fourth Degree Assault occurs in the context of alleged domestic violence.  A person is guilty of Fourth (4th) Degree Assault when he or she:

1. Intentionally or wantonly causes physical injury to another person; or
2. Recklessly causes physical injury to another person by means of a deadly weapon or a dangerous instrument. (KRS 508.030)

A person found guilty of Fourth (4th) Degree Assault could also face a fine of up to $500 (KRS 534.040) and a term of imprisonment of up to twelve (12) months.  (KRS 532.090)

If a perpetrator is convicted of a third (or subsequent) offense of Fourth (4th) Degree Assault within five (5) years and the perpetrator and the victim in each of the offenses meet the definition of a family member or a member of an unmarried couple (which is defined in KRS 403.720), then the perpetrator could be convicted of a Class D felony (which is considered the lowest class of felonies).  The second (and subsequent) victim need not be the same person who was assaulted in the earlier offenses for the provisions of this section to apply.  (KRS 508.032).

If you, or a loved one, face a Fourth (4th) Degree Assault charge in Kentucky (or in the Lexington area in particular), call my office for a free consultation at (859) 685-1055.