Archive for the ‘Criminal Defense’ Category

Obstruction of Justice is a federal and a state crime.

If you’re facing criminal charges, you’re going to want to find the best criminal defense lawyer you can get. You may qualify for a public defender, but that means it’s not likely that you’ll be able to choose your own lawyer. Your best bet is generally to hire your own criminal defense attorney, ideally finding an attorney who specializes in defending against the types of charges you’re facing. As part of your search, contact Dan Carman. He offers a free initial consultation; and even if he’s not the right attorney […]


How to Find a Good Criminal Defense Lawyer

If you’ve been charged with a criminal offense in Kentucky, or believe you’re being investigated by law enforcement, it can be a life-changing event. Your livelihood, the ability to support yourself and your family and your freedom may be at risk. This is not the time to go it alone. You should at least talk to a criminal defense attorney to see if that’s the right one for you. You should hire an experienced criminal defense attorney to protect your legal rights. Criminal law can be very complex and includes […]


Can a Convicted Felon Own a Gun in Kentucky?

A convicted felon cannot legally own a gun in Kentucky, with some exceptions. This includes those convicted as youthful offenders and those convicted of a felony under federal law or in another state. Possession of a firearm by a felon is itself a felony. If you have been charged with this crime, we may be able to help. Under Kentucky Revised Statute 527.040, the crime of possession of a firearm by a convicted felon (one who has served more than one year of imprisonment) occurs when he or she possesses, […]


What Is Possession of Drugs in the Second Degree in Kentucky?

Possession of drugs in the second degree in Kentucky involves possession of dangerous, but not narcotic, drugs. It can include possession of prescription drugs or illegal drugs for which there can be no prescriptions. The penalty is the same as for possession in the third degree. Under Kentucky law, possession of controlled substance in second degree is defined as the knowing and unlawful possession of a controlled substance classified in Schedules I or II which is not a narcotic drug (or specified in the definition of possession in the first […]


Something Little -- like a Traffic Stop -- Can Lead to a Major Arrest

A Kentucky police officer can pull you over for something minor, like a burnt out taillight or the fact that your license plate isn’t lit. These are just small issues, and the officer is putting in time and effort just for a taillight … or is he? Maybe he’s on the lookout for something more important, something bigger and better that will make him look good to his boss. A police officer is like a hunting dog looking for big game. That taillight is just a scent that gets his […]


Blood Pattern Evidence Is Admissible, but Is It Really Reliable?

You’ve seen it on TV and in the movies. The police and investigators are at the scene of a bloody murder. The blood appears to have been spattered on walls and the floor. The prosecution uses the blood stains to recreate the murder to establish how the victim was killed. This type of evidence may be fact or fiction, and it can be used in Kentucky courts. Bloodstain pattern analysis started when a group of scientists and forensic investigators began testifying as experts in criminal cases. They went on to […]


Death of Two-Year-Old Renews Calls for Criminal Charges for Negligently Stored Firearms

So far this year in Kentucky, two children have been killed and five injured by firearms that weren’t securely stored, reports the Louisville Courier Journal. Most recently, two-year-old Montreal Dunn from Louisville shot himself and died in what has been ruled an accidental death. In response to this shooting, State Rep. Jim Wayne of Louisville is pushing legislation to require guns to be securely locked in a box or container, by a device or carried by an adult. Not doing so in the presence of children would be a misdemeanor. […]


You Leave a Trail of DNA Wherever You Go. What Happens If It’s Found on a Murder Victim?

DNA evidence is considered by some to be the gold standard for criminal cases. DNA is the unique, genetic information each one of us carries. But we not only carry it, we shed it with our hair, sweat or dead skin. If one person gets it from you, it can pass to an object or another person. A California murder case discussed by the Marshall Project illustrates the problem. Lukis Anderson was in custody for six months before being released, held on suspicion of taking part of a break-in and […]