Archive for the ‘Criminal Defense’ Category

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 […]

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. […]

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 […]

April is Child Abuse Prevention Month. It’s something everyone should be aware of at all times. If you witness a child being abused, you’re not powerless. You may see it happening and know it’s wrong, but may be conflicted about what you should do. Is the perpetrator a friend? Family member? Stranger? What should you do if you’re the one abusing a child? It’s common for people witnessing someone being abused to just turn away and keep on walking. An experiment in a public park involved the staged abuse of […]

“Compassionate release” is a way for disabled or terminally ill federal prison inmates in Kentucky, who no longer pose a potential threat to society, to be released to spend their remaining days outside prison walls. Despite the higher costs of medically treating these people and the fact many prisons are over-crowded, this kind of release is rarely used, according to the Marshall Foundation. Congress created the compassionate release process to free certain inmates, including those who are terminally ill, from federal incarceration if it’s “inequitable” to keep them in prison […]

The burden is on the prosecution to prove a defendant has committed that crime. Part of their obligation is also being upfront and honest about the circumstances that led to the arrest. If that doesn’t happen, Kentucky criminal defendants’ legal rights may be violated. These violations could justify having charges dismissed. Branches of America’s federal law enforcement and intelligence services may be secretly helping state and local police arrest suspects in ways that raise fundamental questions about defendants’ civil and due process rights, according to a recent Human Rights Watch […]

Crime in Kentucky is often thought to be connected to illegal drugs. Just the possession of some substances is a crime, and being convicted of the manufacture and distribution of illegal drugs can carry heavy penalties. But you may be surprised at the number of crimes that are alcohol-related, above and beyond driving while intoxicated. This legal drug often reduces or eliminates inhibitions of people; many of us who are sensible while sober can lose control and become violent when under the influence of alcohol. January 22-28 is National Drug […]

Some Kentucky criminal defendants are getting a surprise after having their charges dropped or being found not guilty. They’re being billed for fees incurred while they awaited a trial, which could be thousands of dollars. They didn’t ask to be in jail, they wanted to get out, but often due to bail so high they couldn’t pay it, jail is where they lived, and the county jails want to be reimbursed. David Jones was released from the Clark County jail in 2015 after all the criminal charges against him were […]