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Covington Criminal Defense Law Blog

Defending against aggressive prosecution in a sex crimes case

When a Kentucky resident is facing a sex crimes charges, there is almost always a wide variety of fallout. For starters, sex crimes cases often generate quite a bit of media attention right from the start, and there seemingly is never any coverage of someone who is exonerated or found not guilty if the charges weren't correct. But, when the media coverage starts, the damage to reputation is done.

Beyond the negative media attention, a suspect will often have problems in their professional life. Even if the case turns out to be false accusations, many employers simply do not want the distraction that could come with employing someone who at one time faced sex crimes charges. It would take quite a unique employer indeed to stick with an employee throughout this type of ordeal.

What is an ignition interlock device?

Any of our Kentucky readers who have seen previous posts here know by now that all DUI charges should be taken seriously. Even first-time offenses, which are usually charged as misdemeanor offenses, can lead to a lengthy driver's license suspension, a probation term and possibly even a few days in jail. However, it is repeat DUI offenders who face the most severe punishments, including prison sentences and the possibility of having an ignition interlock device installed in their vehicle.

Many Kentucky residents may be wondering, what exactly is an ignition interlock device? For those who have never seen these devices in action before, the concept is actually quite simple. First, the device is installed and connected to the ignition in an offender's vehicle. From there, each time that the offender needs to drive the vehicle that person must first provide a breath sample by blowing into the device - similar to the standard breathalyzer instrument used in most DUI stops.

DUI charge could be dropped if driver was having a medical issue

Some arrest reports can have a certain level of shock value, and as a result the named defendant can face immediate prejudice as well as a devastating hit to their personal and professional reputation. For instance, many of our readers may have heard about a bus driver who was arrested on November 23 on drunk driving charges. While obviously bus drivers don't typically work on a non-school day, this case was different: this alleged drunk driver was transporting 41 high school students, as well as several chaperones, from a field trip to Louisiana.

The shock value of this report is obvious: a bus driver allegedly driving under the influence of alcohol with students as her passengers. However, as is the case with many arrests, there is quite a bit more to this story.

An overview of burglary charges in Kentucky

As is the case with most crimes, the severity of burglary charges varies depending on the circumstances. In Kentucky, the burglary statutes classify the crime in the first, second or third degree, with first degree burglary obviously the most serious. Burglary is always a felony charge.

The least severe burglary charge, burglary in the third degree, comes into play when a suspect is alleged to have entered a building. Note that the law does not require that the suspect actually enter the building by force, or "break in" - a person can be charged with burglary even if they simply open an unlocked or faulty door on a building where they don't belong. However, the key element of the charge is that the suspect entered the building with the intent to commit a crime, usually theft. Third degree burglary is a Class D felony.

What are the possible penalties with a theft charge?

There are a couple of different approaches that states take when it comes to prosecuting theft crimes. In one approach, the simpler approach, the unlawful taking of any type of property from another person is considered theft, and the charge is usually a felony. This applies no matter what the property is or what the property's value is. However, another approach is to break down the charges based on the value of the property that was alleged to have been stolen. This is the approach taken in Kentucky.

So, what is the range of penalties associated with a theft charge in Kentucky? Well, the law begins with the basic presumption that the unlawful taking of any property is a Class A misdemeanor. A Class A misdemeanor is the highest level of misdemeanor charge, which means that the potential penalty goes up to 12 months in jail, with a minimum of 90 days. A fine of $500 could also be levied.

Taking the right approach to drunk driving charges

After a Kentucky resident has been arrested for driving while intoxicated, that individual may be wondering what the next step should be. The immediate aftermath of an arrest can be a confusing and scary time. For some people, not only have they just spent a night in jail, but they are also facing the prospect of being fired from their job or having to make arrangements for life with a suspended driver's license. On top of all of these concerns, they also have to worry about beginning to plan their criminal defense strategy.

At our law firm, we understand the fears and doubts that Kentucky residents who are facing a DUI charge feel. We know that some of the people in our clients' lives may overreact to a DUI arrest, dismissing the fact that an arrest is not the equivalent of a conviction. For us, the most important approach to drunk driving charges is protecting your future.

Alleged murder leaves one person dead and two others behind bars

As a society we have all almost certainly become desensitized toward media coverage involving violent crimes. It seems like the evening news in almost every city in America includes a report of a murder or a robbery. Kentucky communities are not immune, and a recent report detailed a tragic situation that left one young man dead and two others behind bars.

According to the reports, an incident that allegedly occurred on October 17 ended one life and sent several others into a tailspin. The reports indicate that a 19-year-old man was shot several times during an encounter with a few other individuals. The young man was found on the ground at an apartment complex and was pronounced dead.

Facing a charge of armed robbery in Kentucky

Most states break down robbery charges into different categories based on how serious the crime is perceived to be. Kentucky is no different. The most serious robbery charge a person can face in Kentucky is robbery in the first degree, otherwise commonly known as armed robbery.

All levels of robbery charges involve the use or threat of force against the victim in order to take that person's property. However, there are certain situational factors that can increase the charge up to the first degree level.

What is a computer forensics analysis? - Part Two

In a recent post here, we began to take a look at computer forensics and what types of charges could lead to this type of investigation being part of a case. Now, in Part Two, we will look at what all a computer forensics investigation entails.

For starters, although computer hardware or cell phones may be seized for this type of investigation, there is the possibility that law enforcement officials may be able to get the digital evidence that they think they need by other means, such as a search of online accounts and any information those accounts may hold. Here, however, we will focus on what takes place when hardware is seized and subjected to a computer forensics analysis.

Driving while intoxicated can lead to other charges as well

Our Kentucky readers probably know that a "standard" drunk driving charge is a misdemeanor level offense. This is the type of situation where, for instance, a person is driving home after a night out at the bar, they get pulled over for weaving or crossing the center line probably and then then they submit a breath test that shows a blood alcohol content level that is over the legal limit of .08. The arrestee will be booked in the local jail and usually released the following day, with a date in court in the near future. This type of charge can result in the arrestee losing a job, getting a license suspension or any number of other negative consequences. But, rarely does this level of DUI come with the threat of a potential prison sentence.

Driving while intoxicated can lead to other criminal charges beside a misdemeanor DUI charge. According to a recent report, two men found themselves in this very position after they were stopped while driving in Laurel County.

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Florence, KY 41042
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