Kentucky Criminal Defense Legal Questions

Pre-indictment representation can be very helpful and effective. Defense counsel can begin to gather documents and interview witnesses. In a federal case, grand jury witnesses are allowed to speak about their appearance. Thus, it can be helpful to have a defense investigator interview those known to have appeared before the grand jury and learn what they were asked and how they replied. Of course, a potential defendant should not attempt this on his own because it could be construed as obstruction of justice. A defense lawyer can also determine whether it is in the client's interest to testify before the grand jury and make a request to do so if he or she believes the client's defense is so strong it might stop an Indictment. If an indictment seems inevitable, the defense lawyer can begin building a defense to the charges and also open a dialogue with the prosecutor. In federal prosecutions, the prosecutor is not allowed to discuss anything that happened before the grand jury with anyone outside the government, including defense counsel, but he or she can negotiate a pre-indictment settlement of the charges the prosecutor intends to bring. If this involves the client's cooperation with the Government against others, this could result in the defendant being allowed to plead to fewer charges or even lesser charges, and a lesser sentence, than those that would be otherwise contained in an Indictment. The benefits of pre-indictment representation vary from case to case. If you are under investigation by a grand jury, I highly recommend you consult with an experienced criminal defense lawyer as soon as possible. He or she will tell you what can and cannot be accomplished from now until the grand jury concludes its investigation. ... Read More

Federal laws are very strict when it comes to drug offenses occurring in the vicinity of a school. Anyone who distributes or manufactures a controlled substance, or who possesses such substance with the intent to distribute it, within 1,000 feet of a school, college or public housing facility, or within 100 feet of a youth center, video arcade or public swimming pool, faces twice the normal penalty and not less than one year in jail for a first offense. For second offenses of this type, the penalty is even greater. An exception is made for those who possess less than five grams of marijuana. Also excluded is possession for personal use of any controlled substance. In enacting this law, Congress hoped that by threatening dealers who approach children near schools with stiff sentences, drug use among children would decline. Most likely, your friend is charged with cocaine distribution, not marijuana possession, near the school. Assuming he only had 1/2 gram of cocaine on him, and the police do not have evidence of a distribution or possession of a greater amount before he was searched, he should be successful in defending the case on the ground that the cocaine was not intended for distribution, but for personal use. Also, provided there is no other evidence of a distribution or greater amount possessed at an earlier time, if the search and seizure were unlawful, he would prevail since the drugs found on him would not be able to be introduced into evidence at trial. However, the police reports in your friend's case may contain information about other drug transactions. Or, they may present a different version of the search and what was found. Your friend should consult an experienced federal drug defense attorney who can review the police reports and hear your friend's version of what happened, and provide an informed opinion as to the likelihood of a successful defense to the charges.... Read More

If you have been summonsed for court, you must appear. If you do not, an arrest warrant may be issued for your arrest. Many women do not want to testify against their loved ones in a domestic violence situation. However, while you may be the alleged victim, it is the people of your state who are the party of interest in the case. Thus, it is up to the prosecutor whether you must appear and testify--even if you do not want to. In most states, prosecutors will compel an alleged victim of domestic violence to testify against their partner. My best advice to you is to obey the subpoena, share your feelings with the prosecutor, and if called to the witness stand, tell the truth.... Read More

There are both civil and criminal consequences to felony convictions. On the criminal side, you can be sentenced to jail or probation and/or fined. On the civil side, you may lose the right to vote, become ineligible to sit on a jury, hold elected office and/or possess a firearm. Civil consequences may last far longer than the criminal punishment. When it comes to the right to vote, state law rather than federal law controls, even if you were convicted of a federal offense. Every state has its own rules. Fourteen states, including your state, Kentucky, prohibit convicted felons from voting for life. For a state by state chart of when and if you can have your right to vote restored, see this chart prepared by the Sentencing Project. An estimated 4 to 5 million Americans, or one in fifty adults, have lost their ability to vote because of a felony conviction. Many states, most recently Connecticut, Delaware, Maryland, New Mexico, and Texas, have revised their policies recently to allow ex-offenders to regain the right to vote. A state or federal felony conviction also results in the loss of your right to possess a firearm. While some states restore this right at the state level, you cannot regain the right at the federal level, unless your state conviction has been expunged or set aside, you have been pardoned, or your civil rights have been restored and the restoration order does not exclude possessing or purchasing a firearm. Unfortunately for you, the restoration of civil rights in Kentucky does not give the you the right to purchase, own or possess a firearm. It is a federal crime for any person who has been convicted in any court of, a crime punishable by more than one year in jail to possess a firearm. In 1965, Congress gave the Treasury Department the power to restore gun rights to felons. But in the 1990\\\'s, Congress prohibited the agency from expending any funds to investigate or act upon applications to restore such rights, rendering it effectively meaningless.... Read More