CRIMINAL DEFENSE: FAQs

Is There A Way To Lower The Bail Amount In Kentucky If A Judge Sets Bail Too High?

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. Continue Reading…

In Kentucky, What Does “Unsupervised Probation” Mean?

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.Continue Reading…

Can Probation Conditions Be Appealed In Kentucky?

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.Continue Reading…

In Kentucky, What Are The Penalties For A Third (3rd) Degree Criminal Mischief Conviction?

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. Continue Reading…

What Penalties Could I Face In Kentucky For A Conviction Of Criminal Trespass In The Third Degree?

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. Continue Reading…

What Is The Statute Of Limitations In Kentucky For Most Misdemeanors?

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. Continue Reading…

Can A Witness’s Statement During A Police Interview Be Used Against Me In Court In Kentucky?

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. Continue Reading…

Should I Plead “Guilty” Or “Not Guilty” At My First Kentucky Court Appearance?

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. Continue Reading…

Can I Be Credited For Jail Time I Have Already Served When I Receive My Sentence?

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. Continue Reading…

In Kentucky, Is 4th Degree Assault A Felony? In Kentucky, If I Am Convicted For 4th Degree Assault, What Penalties Could I Face?

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… Continue Reading…