Criminal defense Archives

What are the rights lost upon a felony conviction?

If you have been accused of a felony in Kentucky, you will lose some of your civil rights and abilities if you are convicted. It is important to understand what rights you will lose because in some cases, you could end up in more trouble if you do not recognize a lost right.

Can I get out on bail if I am charged with a crime?

Bail is usually a monetary sum paid so you can get out of jail before you go to trial in a criminal case. It is a guarantee that you will show up in court when you are ordered to answer to the charges. In some Kentucky cases, you may be able to be released on your own word that you will return for your trial and obey all rules set by the court. According to the Kentucky Court Rules, almost all charges are eligible for bail.

Ignition interlock devices: What you should know

DUI charges come with serious consequences, including heavy fines and driver’s license revocation. In some cases, you may be ordered to have an ignition interlock device installed in your vehicle. Although this device may be costly, it may allow you use your vehicle for transportation to school, work, doctors’ appointments and other necessary destinations. If you are asked to install an ignition interlock device on your motorcycle or vehicle, it helps to know how these machines work.

How does Kentucky penalize repeat DUI offenders?

If you find yourself pulled over and subsequently charged with drinking and driving in Kentucky after an earlier driving under the influence conviction, the penalties you face tend to intensify. Per the Kentucky Transportation Cabinet’s Office of Highway Safety, you may face a serious charge if the law enforcement official who pulls you over administers a breath test and your blood-alcohol content registers above 0.08 percent. The same is true if you are under 21, and your BAC registers above 0.02 percent.

Is forensic science always reliable?

If you have been charged with a crime in Kentucky, you may be attending a trial to determine whether you are guilty of the crime. At the trial, evidence that has been collected from the crime scene is often presented to the judge and/or jury. Although this evidence may have a major impact on the court’s final decision, studies show that the way evidence is processed may lead to inaccurate results. These inaccuracies could cause a person to be wrongfully charged with a crime they did not commit.

Could auto-brewery syndrome have caused your DUI?

Have you recently been cited for a DUI in Kentucky when you did not believe you were intoxicated? If so, a new disorder called auto-brewery syndrome may be to blame. NPR sheds some light on the little-known disease that sounds like it is straight out of science fiction, but may be affecting drivers across the country.

Random police warrant search leads to two arrests

Defendants facing drug charges in Kentucky must take the charges seriously. The penalties for such crimes can be very stiff. In fact, they carry the harshest penalties for non-violent crimes in the state. In addition, a drug crime charge on a person’s record could have lifelong negative effects. A proper defense should always look at the actions of law enforcement and whether a person’s rights were violated during the arrest and evidence collection.

Eyewitness identification and wrongful incrimination

Not everyone who is currently sitting behind bars in Kentucky is guilty of committing a crime. A surprising number of people in jail are victims of wrongful conviction, caused by bad lawyering, improper forensic testing, government misconduct, false confessions or bad informants. The number one cause of erroneous incarceration, however, stems from eyewitness misidentification. According to the Innocence Project, 346 people have been released from prison after further investigations found them innocent. Of these cases, 70 percent involved eyewitness misidentification.

Is a failed field sobriety test proof that you were drunk?

While driving around Northern Kentucky, you may have seen people who were pulled over and taking field sobriety tests, especially during the holidays. Field sobriety tests are a common way for law enforcement to quickly determine whether a person is suspected of driving while intoxicated. However, the accuracy of these tests is up for debate.

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