Louisville, KY Criminal Lawyer – Defense Attorney

I work for my clients. When I meet a client I ask him or her what outcome he or she expects. We discuss the probability of achieving the desired outcome and the possible approaches. Since 1988 as a defense lawyer or personal injury lawyer I have represented 1000′s of people in criminal cases and in civil lawsuits.

I handle all types of criminal defense law cases including murder, conspiracy, reckless endangerment, criminal mischief, vandalism, assault with a deadly weapon, domestic abuse, sex crimes, rape, sexual assault, date rape, child molestation, child sexual abuse, firearms charges, child pornography, solicitation, possession of methamphetamine, possession of crack cocaine, wanton endangerment, theft over $500, theft under $500, misdemeanors, felonies, possession of ecstasy, possession of prescription drugs, possession with intent to sell, and drug trafficking, Juvenile offenses, assault and battery, burglary, robbery, property damage, embezzlement, fraud, identity theft, bad checks, DUI and more.

In criminal defense cases, my clients have benefited from dismissals and acquittals for charges including DUI, murder, theft, child abuse, distribution of child pornography, gun charges, drug offenses and many others. I have handled over 100 jury trials. In law school I clerked for legendary attorney Frank Haddad. After law school I worked as a defense lawyer in the Louisville Public Defender’s Office. At the Public Defender’s office I handled a caseload three times the caseload recommended by the American Bar Association. I conducted countless hearings. I am the only defense lawyer in Kentucky to successfully try two circuit court jury trials at the same time. Only 6 of the 100 plus jury trials I handled resulted in an appeal. Two of those six losses were reversed by the Kentucky Supreme Court or Kentucky Court of Appeals.

If you need a defense lawyer in Louisville call me — John Olash — today! I care about the outcome of your case and your success before, during and after your case is over.

Whether you are facing serious criminal charges, have a DUI or have been injured by the negligence of others, the selection of a criminal defense lawyer is one of the most important decisions you will ever make. I realize that your outcome depends on my dedication. I handle every case personally.

I have 25 years of courtroom experience and a history of winning at trial and through settlement.

Even though my practice emphasizes serious matters, every legal issue will receive careful consideration. Whatever your situation is, call me. If I cannot help you, I will refer you to a lawyer who can.

What are Your Rights During a Traffic Stop?

Nearly every driver has seen flashing red lights in their mirror at least once. It can be quite unsettling. What are your rights during a routine traffic stop? You might have more rights than you realize.

The police do have a significant amount of power on the street, but they are limited by certain rules.

Can the police search your vehicle?

Maybe. While the 4th Amendment protects against unreasonable search and seizure, it doesn’t protect against all search and seizure. The police can search your vehicle with your permission. They can also search your automobile if they have a reasonable suspicion. They can also seize anything seen in plain sight through the windows. Anything illegal or deemed dangerous that is in plain view can provide justification for a search. Keep personal items out of sight.

Never give permission for a search. If the police are asking for permission, it’s because they can’t justify searching without one. You have nothing to gain to submitting to a search.

Is a search warrant required?

A search warrant is not needed if reasonable suspicion exists. The police may choose to wait for a warrant, which allows for a more thorough search.

Don’t lie.

You don’t have to speak to the police, but lying is a no-no. In many cases, the situation merely escalates if you’re caught lying. It’s also illegal to lie to the police.

You may be asked where you’re coming from or where you’re headed. There is no reason to provide this information.

Admit nothing. If you know you were going 90 mph, don’t be a ‘little honest’ and admit you were going 75 mph. You’ve just admitted that you broke the law.

Exercise the right to be silent, particularly if you know you’ve done something wrong.

Be courteous.

Turn off your car, roll down the window, turn on the dome light (at night), and keep your hands on the steering wheel. Be respectful and non-confrontational.

Ask if you’re free to go.

In some cases, the police might try to keep you longer than necessary. This can be for anything from bringing in a drug-sniffing dog to waiting for a warrant. You have the right to ask the police whether you’re being detained or whether you’re free to go. If you’re told you can leave, do so immediately. Detaining a person unjustifiably is shaky legal ground for any police officer.

Never resist physically.

Even if you’re the target of an illegal search, never resist the police physically. The place to fight the police is in court.

The police can ask you to exit your vehicle. This does not give them the right to search, however.

It’s important to know your rights during a traffic stop. While most police officers do a fine job, as with any profession, there are those that try to push the limits. Knowing your rights can help to avoid confrontational situations. Be aware of your rights and enlist the services of an attorney when necessary.

 Common Criminal Charges

1.      Aiding and Abetting / Accessory: This charge is brought against those believed to have assisted anyone in the commission of a crime. In most states, the person would not have been present during the commission of the crime.

2.      Assault / Battery: In some states, assault and battery are recognized as separate crimes. These crimes have been committed when a person attempts to or successfully strikes another person. Behaving in a threatening manner to cause fear of immediate harm is also assault/battery.

3.      Drug Possession: There are federal and state laws that outlaw certain chemical substances, such as heroin, LSD, and cocaine. Possession of smaller amounts is usually less serious than possessing amounts large enough to be considered “possession with intent to distribute.”

4.      Burglary: In most jurisdictions, burglary in the unlawful entry into any structure with the intent to commit any crime. That crime is not limited to theft. Even entry through an open door with intent to commit a crime is considered burglary.

5.      Theft / Larceny: Theft is the removal of someone else’s property with the intent of permanently denying them access to it. Successful defenses commonly seek to work with the ‘permanently denying access’ part of the law. In theory, if the perpetrator intended to bring the item back, theft did not occur.

Other criminal charges:

1.      Arson: The willful burning of a property. In many areas, arson must also have malicious intent. This also includes the burning of any building, car, boat, or other property to receive insurance funds.

2.      Bribery: Bribery is the offering, or acceptance, of anything of value with the intention of influencing a public or government officials / employees. Notice that both the person offering the bribe and the person accepting the bribe are committing bribery.

3.      Child Abuse: Commonly defined as any type of mental, physical, or sexual abuse inflicted upon a child. It also includes neglect. In most cases, the harm must have been intentional.

4.      Conspiracy: When two or more people have an agreement to commit a crime and take some action towards the committing of that crime, conspiracy has occurred. That action does not have to be a crime in itself; merely an action that demonstrates a crime was planned and intended.

5.      Disorderly Conduct: Disorderly conduct is a general, catch-all crime that permits police to remove unruly people that are not an immediate threat to others. Open container laws typically result in a disorderly conduct charge. Fines are common for lesser instances. Jail is the norm for the more obnoxious or dangerous.

6.      Disturbing the Peace: Any words or conduct that compromises the right of the public to enjoy safety, peace, quiet, and a reasonable moral code. Things such as fighting, shouting, school bullying, excessive dog barking, and simple harassment commonly fall under the umbrella of disturbing the peace.

7.      Domestic Violence: This is a violent act against a family or household member. In most cases, domestic violence occurs between partners living together, though they technically could just be dating. The abuse is usually repetitive and can be physical or emotional.

8.      DUI/DWI: Driving under the influence or driving while intoxicated is illegal in all 50 states. The criminal charges will vary with the degree of intoxications, prior history, and whether death or injury occurred.

9.      Forgery: There are three ways to commit forgery. 1. The creation of a false document. 2. The creation of a false signature. 3. The changing of an existing document. Any of these three with the intent to deceive another person is forgery. Fraud charges are also common when forgery has been committed.

10.  Fraud: In a nutshell, fraud is the intentional deception of another for personal or monetary gain. There is always a false statement, deceitful conduct, or other misrepresentation. Usually this is done to gain money or property.

11.  Homicide: Not all homicides are crimes. Homicide is a general term for the taking of another human beings life. Murder and manslaughter are examples of illegal homicide.

12.  Kidnapping: Kidnapping is defined as the taking of a person, against his or her will, from one place to another. It can also occur if a person is confined to a controlled space. This is considered to be ‘criminal confinement’ in some states.

13.  Murder: First Degree: This is the willful and premeditated killing of another person. Many states also consider first-degree murder to have occurred if any homicide is committed during the commission of a violent crime, such as robbery or rape.

14.  Prostitution: Though not illegal in certain parts of Nevada, prostitution is the exchange of sex for something of value. There are separate statutes for prostitution and solicitation of prostitution, so both parties are breaking the law.

15.  Rape: Rape is sexual intercourse that occurs without consent. There is usually physical force or some type of threat involved. In many states, gender and marriage are not relevant. Some states require force or threat of force. Other states only require the lack of consent. This lack of consent would commonly occur due to drug or alcohol use.

16.  Robbery: Robbery is commonly defined as the use of threat or force to gain someone else’s money or property. Robbery commonly requires the presence of a victim, as opposed to burglary. Harm, or the threat of harm, must have occurred for robbery to occur.

17.  Stalking: Stalking is the unwanted pursuit or harassment of another person. Stalking is a multiple event crime. A single occurrence is technically not stalking. It may take the form of following a person, harassing phone calls, written messages, the appearance at the victim’s workplace or home, or the vandalizing of property.

18.  Tax Evasion: The intentional underpayment of taxes. Mistakes are not considered to be tax evasion or tax fraud. The burden is on the tax authority to show the underpayment was deliberate. The misrepresentation of income and failure to file a tax return are two ways of committing tax evasion.

RES IPSA Kids

Res Ipsa Kids is a nonprofit group of personal injury attorneys committed to giving a percentage of every attorney fee, be it settlement or courtroom win, to local needy children. No attorney donation is too small or too large. 100% of all donations go to betterment of under privileged children.

PERSONAL INJURY LAW

As a personal injury attorney, I represent people who are in a battle with the government or an insurance company. The government and the insurance industry are powerful adversaries. Beating the government is the most rewarding part of my practice. Forcing an insurance company to pay or obtaining a verdict against an insurance company in court is the focus of my work.

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