by John Olash | Feb 18, 2017 | Criminal Defense
Denny Rodriquez was driving his Mercury Mountaineer in Nebraska. He was stopped for swerving. The police officer gave him a warning. After the warning, the police officer asked Mr. Rodriquez for permission to let a drug dog sniff the perimeter of his truck. Mr....
by John Olash | Feb 18, 2017 | Criminal Defense
The answer is yes and no. It depends on the facts of your DUI. KRS 189A.105(2)b allows the police to get a search warrant for a blood test in a DUI investigation if a person is killed or seriously injured. The constitutionality of DUI blood tests was first considered...
by John Olash | Feb 18, 2017 | Criminal Defense
In Franks v. Delaware, 438 U.S. 154 (1978), the U.S. Supreme Court held that when a defendant makes a substantial preliminary showing that the police obtained a search warrant with deliberate or reckless misrepresentations in the search warrant affidavit and where...
by John Olash | Oct 27, 2016 | Criminal Defense
In order for evidence to be used in a courtroom, the trial judge must agree that it is “relevant evidence.” To be considered relevant the evidence must have “any tendency” to make the existence of any fact that is of consequence to the...
by John Olash | Sep 30, 2016 | Criminal Defense
The purpose of ‘Ban the Box’ laws is to provide better employment opportunities for those with an arrest or conviction. Approximately 25% of adults in the United States have an arrest or conviction. That’s over 65 million people with little hope for meaningful...
by John Olash | Sep 14, 2016 | Criminal Defense
Unless you are lucky and the Kentucky clerks do not report your DUI conviction to the National database, your home state will be informed of your Kentucky DUI. Once your home state discovers you were convicted of DUI in Kentucky, your home state will suspend your...
by John Olash | Sep 14, 2016 | Criminal Defense
Search Warrants Anyone that’s watched television has at least a vague notion of the purpose of a search warrant. In general terms, a search warrant is provided by a judge and authorizes law enforcement personnel to search for specific items at specific location during...
by John Olash | Aug 28, 2016 | Criminal Defense
Juveniles convicted of felony sex crimes are automatically classified as a “juvenile sexual offenders,” pursuant to KRS 635.510(1). When charged as a juvenile sexual offender the child will be committed to the Department of Juvenile Justice for treatment....
by John Olash | Jan 27, 2016 | Criminal Defense
TERRY V. OHIO The Supreme Court approved police seizures and frisks of suspects on the street when police have: Specific and articulable facts taken together with rational inferences from those facts reasonably warranting suspicious criminal conduct. When the police...
by John Olash | Jan 27, 2016 | Criminal Defense
RAISING FEDERAL ISSUES IN A STATE COURT PROSECUTION CAN TURN A LOSER CASE INTO A NOT GUILTY VERDICT All state courts must follow the U.S. Constitution. However, if your attorney fails to argue that your federal rights were violated by the local police,...