Our Misdemeanor Lawyer Fights for You
Misdemeanor charges are taken seriously in Kentucky. If you are convicted, not only do you face consequences that could include jail, fines, and probation, but you will also have a criminal record that will follow you for life. Having a record may negatively impact your professional and personal life, including your education and employment, your family relationships, your housing situation, and any immigration benefits.
The seriousness of the crime is generally the factor that determines whether you will be charged with a felony or a misdemeanor. If convicted of a misdemeanor, you can spend up to one year in a local jail. Although you often may pay a fine as an alternative to jail time, there are also instances where you can be required to pay up in addition to going to jail. Punishments for misdemeanors are not as severe as those for a felony charge, but the effects of a conviction on your life and your future are too important for you to fight misdemeanor charges on your own. If you or a loved one was arrested for a misdemeanor charge, having a Kentucky criminal defense lawyer experienced with misdemeanors fight for your rights and your freedom can make a big difference in the outcome of your case.
The skilled and compassionate Kentucky criminal defense attorney Dan Carman understands how difficult it is to be faced with any criminal charges. We offer aggressive representation for clients facing criminal charges. We know the tactics prosecutors use to try to get convictions and have a proven track record of success defending clients accused of both misdemeanors and felonies. We will do everything possible to vigorously fight for you.
We offer a free initial consultation to discuss the circumstances of your case and determine the best way to help. Being charged with a misdemeanor may involve lesser punishments than being charged with a felony, but it is still something you’re likely to carry forever, so do not delay. If you have been accused of any criminal charges, get immediate help by calling (859) 685-1055 today.
CALL NOW (859) 685-1055
Why Choose Our Lexington Immigration Lawyers
There are many attorneys in Kentucky, and it’s important for you to find one that you feel comfortable with and who has the experience helping to fight criminal charges. Here are some reasons why we think Dan Carman is your best choice:
- We are experienced and bilingual. Attorney Dan Carman speaks Spanish and has accommodated speakers of other languages as well.
- We are recognized in our field. Dan Carman is a member of various local and national Bar Associations and has previously been named in the Top 100 Trial Lawyers and Top 40 Under 40 by the National Trial Lawyers. Mr. Carman has served as a law clerk for judges, and as a judge advocate in the United States Marine Corps. He also worked as a prosecutor and a legal assistance attorney, so he knows the prosecutors, the courts and the system and how prosecutors think and operate.
- We are local. With an office in Lexington, KY, our attorneys are well-positioned to provide engaged, personalized legal service.
- We are available 24/7 for client emergencies.
We understand that people accused of a crime may feel vulnerable and confused, so we do everything possible to make you feel safe, listened to and understood. You can benefit from our legal knowledge and court experience. Call us at any time, seven days a week.
WE ARE DEDICATED TO PROVIDING THE HIGHEST POSSIBLE LEVEL OF SERVICE
How Our Misdemeanor Attorney Helps You
Every person who works at Dan Carman— lawyers and support staff — shares our commitment to our clients. When you have our team on your side, we will:
- Meet with you to discuss your misdemeanor charges and determine the best way to handle them
- Investigate your case and gather evidence such as from surveillance photos and videos, police reports and records, and interviews with witnesses
- Examine the facts of your misdemeanor arrest and look for flaws in the case and mistakes made by police and prosecutors
- Prepare you to go to court and prevent you from saying or doing anything that would hurt your case
- Make sure all forms are filed correctly and court appearances are made in a timely manner
- Negotiate and plea bargain for a lesser charge or dismissal
- Take your case to court and litigate aggressively on your behalf
- File any appeals if necessary.
When our misdemeanor defense lawyers take your case, we gather information quickly and look at all defense options based on the facts. Dan Carman can provide you with representation that can make the difference. Put your trust in the attorneys who earn the trust of their clients every day.
GET HELP NOW 859-685-1055
Misdemeanor Defense Lawyer Explains Types of Misdemeanors
Misdemeanors are divided into two classes, with Class A misdemeanors being the most serious and carrying the most severe punishments. A Class A misdemeanor is punishable by 90 days to 12 months in jail and a fine of up to $500. Generally, Class B misdemeanors are punishable by up to 90 days in jail and a fine of up to $250; however, the term of imprisonment for possession of less than 8 ounces of marijuana, for example, has been lessened and is capped at 45 days.
Class A Misdemeanors
A wide range of crimes are categorized as Class A misdemeanors, including but not limited to the following:
- Cultivation of less than five marijuana plants
- Theft By Unlawful Taking (TBUT) under $500 — for example, Shoplifting
- Operating a motor vehicle while your license is revoked or suspended for DUI if it’s your second such offense in five years
- Theft, criminal possession, trafficking, or unlawful possession of a prescription blank if the first offense
- Knowingly selling or transferring a firearm to a convicted felon
- Violation of a protective order (EPO/DVO)
- Sexual misconduct
- Possession of burglar’s tools
- Forgery 3rd degree
- Tampering with or rigging a sports contest
- Promoting prostitution
- Non-support (under a certain amount).
Class B Misdemeanors
Many lesser crimes in Kentucky are Class B misdemeanors, including but not limited to the following:
- 1st offense DUI (much like a hybrid traffic-misdemeanor charge, but with some serious consequences)
- Operating a motor vehicle while license is revoked or suspended for DUI (if your first such offense in five years)
- Failure to yield right of way to a funeral procession
- Public intoxication
- Harassing communications
- Resisting arrest
- Criminal trespass in the second degree
- Giving a peace officer a false name or address.
You may not realize that even a relatively minor misdemeanor charge will stay on your criminal history record indefinitely. It could affect your job prospects or qualifications for housing.
There are times when certain charges may be expunged. Expungement is the legal process of having the charges removed from a person’s criminal history record. However, not all charges are eligible for expungement. The following types of charges MAY NOT be expunged in Kentucky:
- Sex offenses
- Offenses committed against a child
- Serious felonies
- Charges for which legal proceedings are pending or currently being instituted
- Charges for which the offender is still on probation
- Federal or out-of-state charges.
With very few exceptions, felonies may not expunged, but most misdemeanors may be expunged if certain conditions are met.
Expungement of a misdemeanor may be granted if:
- At least five years have passed without any new convictions of misdemeanors or violations
- The offense was not a sex offense or a crime against a child
- The person has never been convicted of a felony
- The person had not been convicted of a misdemeanor in the five years prior to the conviction he or she is seeking to have expunged
- No charges are pending.
In other words, a violation or misdemeanor may be expunged if a person’s record is clean five years BEFORE AND five years AFTER the conviction sought to be expunged.
Get Help From Our Misdemeanor Defense Lawyer in Lexington
If you have been charged with a misdemeanor in Kentucky, or if you want to have a previous misdemeanor conviction expunged, call Lexington, KY, misdemeanor lawyer Dan Carman. Even a misdemeanor conviction can have undesirable and lasting consequences and should not be taken lightly. Do not delay, as in Kentucky, the typical limitation period for misdemeanors is one year for the state to bring a case for misdemeanor, so prosecutors will waste no time moving against you.
”Needing an attorney at all is nerve-wracking. Dan had a calm confidence. He knew what he was doing. He gave honest, straightforward advice. He was very patient with my questions (which were many). He was knowledgeable not just about the law, but the inner-workings of the process and had a strong strategy. It was also obvious that his peers and even his adversaries had respect for him, which says a lot. Thank you again Dan. We truly appreciate your help.” – Jean Kelly (Google Review)