How Reliable is DNA Testing in Criminal Cases?
December 29th, 2017 by Attorney Dan Carman
Technology is supposed to solve problems, not create them. DNA testing in Kentucky criminal cases should be an impartial, scientific, accurate way to determine whether a person was in contact with a crime victim or at least at the crime scene. As the use of DNA testing has expanded, more and more demands are made on it, and there’s evidence this approach to testing has been stretched beyond its limits. DNA testing uses genetic information from cells found on a crime scene, evidence or the victim to see whether genetic […]
A Prison Term Shouldn’t Mean Cooking to Death
December 27th, 2017 by Attorney Dan Carman
The past three years have been the hottest on record, worldwide, according to the New York Times. Temperatures are expected to increase over time due to global warming with western Kentucky potentially having highs in the 90’s 120 days of the year from 2080 to 2099, reports the U.S. Global Change Research Center. While temperatures climb, the biggest concern of most people may be increased air conditioning costs. But for some of us without air conditioning, like those housed in Kentucky prisons, increased heat could be deadly. Most of those […]
Should the Relapse of a Drug Addiction Send You to Jail?
December 14th, 2017 by Attorney Dan Carman
Probation allows someone convicted of a crime, or who pleads guilty one, to avoid jail time. The downside to this arrangement is the restrictions and limitations that come with it which, if violated, can result in the person going to jail. Many crimes in Kentucky are committed by those addicted to drugs. Often a condition of probation is that the person must get drug treatment and no longer use drugs. If addiction is a disease, should someone be punished with jail time if they use drugs and violate the terms […]
Parole and Probation Contribute to Our Incarceration Nation, Not Lessening the Problem
December 7th, 2017 by Attorney Dan Carman
About one in 52 American adults are under parole or probation supervision by the nation’s criminal justice systems — about five million people (which is more than the entire population of Kentucky, 4.4 million), according to the Harvard Kennedy School. The Kentucky Department of Corrections states that as of 2014 there were 46,349 people in the state on parole or probation, which is greater than the population of Covington. You may think that parole and probation can be ways to get people out of the criminal justice system, but a […]
Kentucky Sentencing Guidelines
December 7th, 2017 by Attorney Dan Carman
Kentucky statutes spell out what sentence can be given for what level of crime, whether it’s a misdemeanor or felony, but there is some flexibility in what sentence a defendant in a particular case may receive. One reason it’s important to retain a defense attorney in a criminal case is that, if you choose to represent yourself, you simply won’t know how to effectively limit your potential exposure to prison time. Most criminal cases end with a plea bargain agreement. Normally that means the defendant pleads guilty to a certain […]
Will Penal Code Reform Happen in Kentucky?
December 7th, 2017 by Attorney Dan Carman
Changing Kentucky’s criminal laws to be more fair and sensible in order to provide greater opportunities for those on the edges of our society and to prevent the spiraling costs of our justice system can’t happen fast enough. Some progress has been made, but our conservative “law and order” state legislature won’t change any time soon. The state’s Criminal Justice Policy Assessment Council (CJPAC) was formed in June of last year, according to the Kentucky Center for Economic Policy. It was formed by the governor to start working toward reforms […]
Insurance Fraud is Not a Victimless Crime
December 4th, 2017 by Attorney Dan Carman
Insurance companies have a lot of resources. A person may feel it’s OK to engage in insurance fraud since whatever the company pays for a bogus insurance claim isn’t much compared to the amount of money at their disposal. Kentucky law doesn’t look at it that way, and those engaging in insurance fraud risk possible jail time and fines if convicted. Kentucky’s Division of Insurance Fraud Investigation conducts criminal investigations into insurance fraud claims and other related acts. Insurance fraud schemes harm the public because insurance companies don’t just suffer […]