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,...
by John Olash | Jan 27, 2016 | Criminal Defense
KRJ 413.241 The intoxicated person is primarily liable. The tavern is only seemingly liable if a reasonable person under the same or similar circumstances should know that the person is already intoxicated at the time of serving. The tavern will be entitled to...
by John Olash | Jul 26, 2015 | Criminal Defense
POLICE SURVEILLANCE LOCATIONS ON DRUG INVESTIGATION ARE PROTECTED FROM DISCLOSURE Jett v. Commonwealth of Kentucky, addresses the sanctity of an accused fundamental right to cross examination. Any limitation of an accused right to cross exam beyond the typical...
by John Olash | Jul 26, 2015 | Criminal Defense
CAN THE POLICE SEARCH YOUR HOME WITHOUT A WARRANT IF YOUR ROOMMATE CONSENTS TO A WARRANTLESS SEARCH, BUT YOU TELL THE POLICE NO? In the case of Fernandez v. California, (2004), in a 6 to 3 decision, the U.S. Supreme Court said yes. If the objecting tenant leaves, the...