Kentucky Recent Legal Answers from Lawyers

The purpose of an autopsy is to determine the cause of death. In the case of murder, the cause of death is known. However, it is appropriate to present the autopsy findings to the grand jury, and the county attorney or Commonwealth Attorney can petition a court to order an autopsy pursuant to KRS § 72.445. The court will grant such a petition if there are reasonable grounds to believe that a person died as a result of a criminal act, so that is generally regarded as the appropriate office to contact to do so. ... Read More

Sorry, without a lot more detail no one is likely to even know whether they can be of assistance. You might start with the five w's (who, what, when, where, and why). Kentucky is a large state, and it's criminal justice system has a huge number of jurisdictional and procedural elements. Without answers to those "w's" no one can help.... Read More

Under Kentucky law, a person must be at least 16 years old to consent to a sexual act. However, this does not mean that anyone aged 16 or older can consent to sexual activity with any other person. Because anyone under the age of 18 is still a minor, restrictions apply. Under KRS 510.020(3), 16 and 17 year olds cannot engage in sexual acts with anyone who is more than 10 years older than they are, meaning the oldest their sexual partner can be is 26 or 27, respectively. If you fall within that 10 year window, no crime was committed. ... Read More

Generally speaking, there should be no problem with a permanent resident visiting the homeland for one and ½ months. A couple of things to know – if you received permanent residence through political asylum by claiming persecution in Nepal, there would be a danger in returning to the homeland. Also be aware that the US now has strict vetting at the airports, and persons critical of Israel and the Trump administration are currently being given a hard time by Customs and Border Protection (CBP). Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

There are multiple things that needs to be reviewed and understood. I would recomend reaching out for a premium consultation to go over the facts of the case can help you resolve your issues and put you in a better direction and at financial security. Without knowing the details - facts of the matter you can not get legal advice. Looking forward to hearing from you.... Read More

An oral contract is enforceable, it is just harder than enforcing a written contract.  These cases often end up in what are called "swearing contests" where each side attempts to prove the other wrong.  The plaintiff, the person claiming there is a 70/30 split, ultimately bears the burden of proof.  It can be done, but you should expect to have to go to trial (though always being open to a settlement offer).  ... Read More

Because H-4 is only a dependent application, USCIS cannot give you a stay that is different from the one that is given to your spouse, the principal. That also applies to the work permission. While this may be a frustrating situation, you will have to wait for May to work on this EAD. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

Being the victim of an assault means that the criminal defendant may have to make restitution pursuant to KRS § 533.030, Conditions of probation and conditional discharge -- Restitution to victim.  While it is possible to bring a lawsuit where there is little economic damage, that would require hiring counsel on an hourly basis and is an expensive option.  If money is not a constraint and you are willing to pay an attorney to sue the individual and the company, any judgment would be reduced by restitution from the criminal defendant.  The cost of car detailing is a small fraction of the cost to hire an attorney, and would be included in the restitution order on the defendant in a criminal case, so that is the option chosen by most people. ... Read More

Sounds like the dealer jumped the gun for some reason and had no right to do the repo. And a repo vehicle sold without notice to the debtor usually means they can not collect anything from you for any deficiency. Here, if you were not behind and not in any breach of the finance contract then it makes no sense the bank would want all that money. To know your rigths for sure, you need to talk to a "autofraud" or "repo law" consumer lawyer near you. There are number of them listed for KY that you can find at the ConsumerAdvocate dot com website's "find a lawyer" page: L081250r062548* But act quick because for every legal right you have there is only a limited amount of time to file something in court or your rights expire and you are stuck with the situation. Good luck!... Read More

If you have a single entry visa, you must have it renewed when taking a trip outside the US. While there is no guarantee that an American consulate or embassy will renew the visa, consular officers will usually allow the renewal unless there are circumstances that they believe need to be looked into. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

Drafting a will does not affect current title to the property while she is living. If she has title to the property in her own name, she can keep it that way and then prepare a will to make sure he takes title when she passes if that is what she wants to happen. You should contact an attorey to check that the deed is worded correctly and that the will is properly drafted and signed to accomplish what she wants. ... Read More

If your absence was covered by FMLA your employer is required to hold your job for 12 weeks and that includes keeping your health insurance. If you were not able to go back to your job by the end of the 12 weeks then the employer is entitled to be reimbursed for the health insurance premiums they paid while you were on leave. If you were able to go back, then they are not entitled to that reimbursement. If you did in fact return to work but they terminated you for another reason, then you might be entitled to your paycheck. You should consider contacting the state labor cabinet and raise that as a wage an hour issue if you believe your check was wrongfully withheld. ... Read More

For personal bodily injuries, if the accident happened in Kentucky you would first file a no-fault or Personal Injury Protection "PIP" claim. You would then be able to file a lawsuit within 2 years of the date of the accident or 2 years of the last payment from the PIP claim, whichever is later, but no longer than 4 years. ... Read More

MUCH more info is needed. What caused him to slip/trip? For an accident case, you must show someone did something wrong AND that there were damages. You have the damages but need to share more info. Did he slip on something? if so what? how long was it there? this area of law started in the old west when a cowboy threw a banana peel on the sidewalk and someone fell. The issue was whether it had been there for a long time and was black and gritty. If so, then maybe the shopkeeper should have seen and cleaned it. if someone had just thrown it on the sidewalk and it was yellow and green, it is reasonable to believe the shopkeeper did not have NOTICE yet...and it wouldn't be fair to hold the shopkeeper "strictly liable" for ANY damage.... Read More

I will assume that you are asking if your partner can be your joint sponsor for purposes of sponsoring your mother for a permanent immigration visa. He is qualified if he is a US citizen or permanent resident, and has sufficient income and/or liquid assets to sponsor taking into consideration everyone that he is presently supporting and has sponsored for immigration in the past. Your partner would do a separate I-864 affidavit of support from you listing himself as joint sponsor. You would have to do your own, but your mother would be relying upon your partner for the financial support. Please note that you cannot submit one form only for yourself and your partner as he would not qualify as a household member. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

If he wants to come for a visit, then he needs to apply for a visitor B visa at the US consulate in Nigeria. A visitor visa cannot be used to come into the United States with the intention of getting married. If you are intending to get married, you can  apply for a fiancée visa for him, if you have physically met within the last two years. Alternatively, you can get married anywhere in the world and then you can sponsor him for a spousal visa to be processed at the US consulate overseas.... Read More

How are you sponsoring them for a work visa?  Normally, someone has engaged in employment without work authorization for 180 days or more is disqualified from being able to get a visa or green card in the U.S.  If the visitor visa overstay on the entry card is more than one year, then they will be barred from returning for 10 years if they leave the U.S. for visa processing. If you filed an application with the U.S. Department of Labor and/or the U.S.C.I.S., then you should consult with an attorney.  Perhaps, someone should review what has happened to date and provide you with legal advice.  Our office, like most others, provides Zoom Conference video calls.... Read More

More information is neeeded This seems like a landlord tenant issue.  Immigration law is Federal law, but landlord tenant law is Kentucky law, and/or municiipal law, so an attorney who practices in that area in Kentucky should help you and provide an answer.   How is this related to immigration law?   In general, at common law, if you have a month to month or a lease, then you can usually keep paying the landlord rent unless he can show that he violated the lease or tenancy as a matter of law or the terms within the written lease agreement.  If he gives you a thirty day eviction notice, then he should indicate the grounds.  That said, a month to month lease is not as easy to challenge as an annual lease.  Again, I strongly recommend that you seek legal advice from a landlord tenant attorney, who practices law in your area of Kentucky.... Read More