Archive for the ‘Defense FAQs’ Category

Pyramid Schemes

April 1st, 2014 by Attorney Dan Carman

Say “pyramid scheme,” and many people immediately think of a business like Mary Kay (beauty products), Pampered Chef (kitchen tools), or Amway (purveyor of a variety of products)—all multilevel marketing programs. But there is a difference between pyramid schemes and multilevel marketing programs (MLMs). While both work on the principle of getting new recruits to join the company and invest money, a legitimate MLM truly has products to sell, while a pyramid scheme is established primarily to make money for the people at the top of the pyramid. Where the […]


One (1) year for most misdemeanors. If you (or a loved one) have been arrested in Kentucky or in the Lexington area in particular, why not speak to an experienced Kentucky Criminal Lawyer for free. Call my office at (859) 685-1055 for a no cost consultation.


These statements can be used. Typically, however, the witnesses would have to testify in person in court, and you would have the right to confront them and ask them your own questions. If you (or a loved one) have been arrested in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation.


Yes, especially if the police officer saw you driving, and you tested positive for alcohol in your system. You should hire an attorney for help in this situation. If you (or a loved one) have been arrested for DUI in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation.


Sometimes. Bail conditions are set by a judge. In Kentucky, a person arrested for DUI (1st Offense) may be required to post a cash bond in the amount of $500, released upon the signature of a 3rd party and a $25 fee only, released upon his or her own recognizance, or may be required to fulfill other conditions – it is up to the judge. A person arrested for DUI (2nd Offense) or DUI (3rd Offense) may be required to pay a much greater amount of money in order to […]


Yes, you can! And it does happen. However, if your level registers lower than 0.05% on a breath test, it is presumed that you are not under the influence of alcohol. If your BAC is 0.08% or higher, you are presumed to be under the influence of alcohol. However, if your BAC is between 0.05% and 0.079%, it is not presumed that you either were or were not under the influence of alcohol, but that level could be evidence used against you, along with other well-established signs of intoxication, in […]


Although they mean slightly different things, the words “bail” and “bond” are often used interchangeably in Kentucky courts. Both refer generally to money paid to release a defendant from custody while his or her case is pending. If the Defendant complies with everything the Court asks while the case is pending (in large part, that means if he or she shows up to Court when required and stays out of trouble), then at the end of the case, the money is returned to the person who paid it. However, if […]


Many people believe that pleading “guilty” at a first appearance might make the prosecutor or the judge go easy on you or possibly reduce the charge? But it is almost never a good idea to plead “guilty” at your initial court appearance in Kentucky (whether it be in State or Federal Court). At the time of your initial appearance, 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 the defenses that you […]