by John Olash | Feb 18, 2015 | Criminal Defense
In Heien v. North Carolina, the U.S. Supreme Court held that a police officer’s mistake of the law does not support a motorist’s claim of illegal search and search. A North Carolina police officer stopped Heien’s car because only one of Heien’s brake lights was...
by John Olash | May 29, 2014 | Criminal Defense
The Kentucky Supreme Court decided in Commonwealth v. Richard Derringer, 386.S.W.3d 123 (2012), that a diversion conviction cannot be used to form the basis of a PFO charge because the defendant has not been sentenced. The Supreme court held that Pretrial Diversion...
by John Olash | May 22, 2014 | Criminal Defense
If you have been indicted on a federal crime you will be subject to pretrial detention if you cannot post bail; or The trial court determines it serves the public interest to detain you until your case is brought to trial. Under the United States Constitution you are...
by John Olash | May 22, 2014 | Criminal Defense
The rape shield law is found in Kentucky Rule Evidence 412, (KRE 412). In cases involving alleged sexual misconduct, evidence is generally not allowed if it is offered to prove that the alleged victim engaged in the other sexual behavior or is used to prove an...
by John Olash | Feb 24, 2014 | Criminal Defense
The most important case for criminal discovery is Brady v. Maryland (1963). Brady established an accused’s due process right to ‘favorable evidence that is material to guilt or punishment.’ Material evidence is defined as evidence that would create...