Diversion and Persistent Felony Offender (PFO)
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...Bond on a Federal Indictment- Pretrial Detainees Right
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...Rape Shield Law
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...Brady Violation
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...Legal Ethics Regarding Facebook Tampering With Evidence
Virginia lawyer who advised client to delete Facebook posts gets a five year bar suspension and losses over $500,000.00. The lawyer represented a man whose wife died in a motor vehicle accident. A commercial vehicle (cement truck) crossed the centerline and crashed...Grand Jury Abuse
The Grand Jury was originally designed to protect the public from overzealous and unwarranted prosecutions. Unfortunately, the Grand Jury has morphed from a public shield to a prosecution sword. While the Grand Jury by design is an ‘independent body,’ in...Federal Conspiracy
18 U.S.C. § 371 states: If two or more persons conspire either to commit any offense against the United States or to defraud the United States, or any agency therein any manner or for any purpose, and one or more of such persons do any act to effect the object of the...Federal Government Wants To Lower The Legal Limit on DUI
The National Transportation Safety Board (NTSB) is advocating lowering the legal limit for drunk driving from .08 to .05 blood alcohol content in all states. The NTSB claims a third of US traffic deaths are related to alcohol highway fatalities. At a...Qualified Immunity Doctrine
Under Qualified Immunity Doctrine public officers and employees are shielded from liability for negligent performance of discretionary acts in good faith and within the scope of their authority. Discretionary acts involves the exercise of discretion and judgment or...THIS IS AN ADVERTISEMENT. COURT COSTS AND CASE EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT
Voted Top Criminal Lawyer 2014 By Louisville Magazine
Res Ipsa Kids is a non-profit, 501 (c) (3) corporation designed to help needy children in the local area. I recruit other law firms to become regular donors. So, I begin my first tentative steps, but hope to report soon about great progress in this non-profit endeavor to help those less fortunate than myself.
Voted Top Criminal Lawyer 2014 By Louisville Magazine
Res Ipsa Kids is a non-profit, 501 (c) (3) corporation designed to help needy children in the local area. I recruit other law firms to become regular donors. So, I begin my first tentative steps, but hope to report soon about great progress in this non-profit endeavor to help those less fortunate than myself.
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