Criminal defense Archives

Understanding burden of proof

Those who have been charged with crimes in Fort Mitchell could be in for a harrowing experience if and when their cases go to trial. Their fears may be founded in the presumption that if one is arrested and charged with a crime, he or she most likely did what authorities are accusing him or her of. Most people have likely heard the term "innocent until proven guilty," yet few may understand what it truly means in a legal context. Its application is related to the concept of burden of proof

What can be done to improve eyewitness identification?

Eyewitness have long been relied upon to identify perpetrators. However, they have also been under scrutiny for being unreliable. In Kentucky, you may find yourself accused of a crime simply because someone else said they saw you do it. If you even look similar to the actual person who committed the crime, you could be in trouble. However, there have been studies recently to suggest there are things that can be done by law enforcement to minimize the risk of erroneous eyewitness identification.

What is drug court?

In Kentucky, if you are charged with a drug-related crime, you may have the option to attend Drug Court. At Gatlin Voelker PLLC, we often work with people who are going through Drug Court. Not everyone will get this option, but if you do, it is something to take seriously because of the many benefits it can offer you.

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.

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Gatlin Voelker,PLLC

Gatlin Voelker, PLLC
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