That warning is typically given at the time of an arrest. Its purpose is to remind those facing criminal charges that have certain protected rights under the Fifth and Sixth Amendments, including the right against self-incrimination and a right to counsel.
]]> In practice, those protections prevent aggressive police or prosecutors from using harsh interrogation methods to coerce a confession or an admission of guilt out of a suspect, which might otherwise be used as evidence in court. In addition, an accused has the right to decline testifying at trial, and jurors might be instructed to avoid drawing any adverse inference or suggestion of guilt from that silence.However, a recent case before the U.S. Supreme Court may impact those procedural rights. The case involves a felony murder charge against a suspect who the police initially questioned as a witness. Since the man was not under arrest, police did not read him his rights. However, the man’s responses eventually convinced the police to arrest him as a murder suspect. Specifically, the man became extremely nervous at one point in the questioning and refused to answer a question about whether ballistics analysis would match a shotgun he owned to the homicides in question.
The Supreme Court will be determining whether it was proper to use the man’s pre-arrest statements, including his silence on one issue, against him at the criminal trial.
Source: tv.msnbc.com, “The Supreme Court takes up the Fifth Amendment: Is silence proof of guilt?” Dominic Perella, April 17, 2013
]]>Certain drugs which pose less of a risk for abuse or which have medical uses, such as prescription medication or even marijuana, might be considered Schedule III drugs that implicate only misdemeanor charges -- provided the accused was not in possession of amounts greater than the applicable statutorily-defined ceiling.
]]> Yet prescription drug abuse might be more of a problem than Kentucky readers knew. In fact, deaths caused by the non-medical use of such drugs statewide outpaced the nation in 2008 and subsequently led to the creation of a statewide task force.Perhaps because of that history, state officials have vigorously enforced and prosecuted drug offenders of all types. Some civil rights advocates, however, question whether such efforts are being applied equally. In the case of out-of-state offenders, bail bonds may be set higher, or an additional charge of conspiracy might be brought to elevate a drug crime to a federal offense.
The group hardest might be immigrants with lawful documentation. Immigration law might fail to draw any distinction between different types of drug, characterizing them all as aggravated felonies. The classification is necessary to bring deportation proceedings against an individual convicted of such an offense. In a recent opinion, the U.S. Supreme Court attempted to equalize that offense among all criminal defendants, ruling that a social amount of marijuana might not qualify as trafficking or dealing in the case of an immigrant offender.
Source: tristatehomepage.com, “Kentucky Drug Take-Back Day Considered a Big Success,” Chris Veech, May 6, 2013
]]>Because of the trust placed in so many doctors, juries might be unsympathetic when a doctor shows that he or she is not infallible and commits unlawful behavior. That backlash might be even more pronounced in the case of a sex offense.
]]> One Kentucky doctor might soon be facing all of these issues. The 59-year-old health professional was recently charged with a felony sex crime for allegedly engaging in sexual conversations with an undercover officer pretending to be a 14-year-old girl.The doctor allegedly first conversed with the undercover agent in an Internet chat room. Over a four-month period, the doctor allegedly engaged in unlawful conversations, including exposing himself using a web camera.
The doctor's medical license indicates that he had been working as a type of on-call obstetrician at a St. Elizabeth Healthcare facility in Edgewood, Kentucky. However, a representative from that medical company stated that the man was not currently one of their employees.
In addition to his potential employment repercussions, the man is also facing potential imprisonment of five years. As a first-time offender, there might be options for a plea bargain or reduced sentence. A criminal defense attorney might be able to suggest strategies that will not result in the man losing both his future livelihood and his medical license.
Source: news.cincinnatti.com, "Edgewood doctor accused of soliciting teen sex," Paul McKibben, April 30, 2013
]]>Perhaps it is that abuse of trust, or feelings of betrayal, that explains why states such as Kentucky impose harsh penalties and retribution for white collar crimes. The sentencing for white collar crimes usually depends on the amount of money involved. In addition, federal laws may also be implicated, which often carry even harsher potential penalties.
]]> Today's post provides context for this type of criminal offense. Former state Agriculture Commissioner Richie Farmer was recently indicted by a federal grand jury on felony fraud charges. According to the indictment, the former commissioner allegedly employed friends who did not actually perform substantial work duties, and also misappropriated gifts, hotel rooms, computers and other items valued at thousands of dollars.Although the commissioner is accused of misappropriating only a few thousand dollars' worth of services and goods, he now faces potential fines up to $250,000 and imprisonment of up to 10 years. In this case, federal prosecutors are trying the criminal case, so federal sentencing guidelines may apply.
An experienced criminal defense attorney might advocate for a lesser sentence, especially in cases where a defendant might be able to repay many of his alleged victims. Yet prosecutors may not always regard repayment as a potential mitigating factor, or be willing to accept a plea for a lesser charge.
Source: centralkynews.com, "Former Kentucky Ag Commissioner Richie Farmer indicted on felony fraud charges," Brett Barrouquere, April 22, 2013
]]>Under both state and federal law, a conviction for drug trafficking or the distribution of many controlled substances may result in felony charges, punishable by potential imprisonment and hefty fines. However, penalties for the possession of a controlled substance may depend on factors such as the type of drug and the quantity involved.
]]> Cocaine and heroin are generally considered harder drugs, resulting in a long sentence. In contrast, the possession of marijuana, especially in a small amount, may not rise to the level of a felony. In fact, Kentucky lawmakers recently lowered the penalties for marijuana possession of up to eight ounces to a Class B misdemeanor and 45 days or less in jail. However, repeat offenders may be still face felony-level charges.This drug punishment scheme may explain the response of one man, recently arrested by Kentucky authorities for drug possession. The 24-year-old was arrested on a marijuana charge and transported to a local jail in the back of a police cruiser. However, an officer claimed that he discovered a baggie of crack cocaine in the back seat of that cruiser after arriving at the station.
It's unclear why authorities did not discover the baggie during a pat down of the criminal defendant -- a common procedure during a drug arrest. In fact, a criminal defense attorney might raise additional challenges to the apparent procedural irregularity surrounding the alleged discovery of additional evidence. In any event, the man protested his innocence, and even paid almost $2,000 for a DNA test that confirmed he had not touched the bag. As a result, prosecutors dismissed the charge -- but didn't close the case. That means that there is a slim possibility that renewed cocaine charges might be brought against the man in the future.
Source: tennessean.com, "Ky. drug charge remains on TN man's record," April 15, 2013
]]>A secret audio recording was recently leaked to the public, containing allegedly inflammatory comments made by Senate Minority Leader Mitch McConnell about a potential opponent, candidate Ashley Judd. The Senator's office is cooperating with FBI officials to investigate how the recording was made, and by whom.
]]> In a press release, Senator McConnell referenced the Watergate scandal. Indeed, when it comes to illegally recorded conversations, many Kentucky readers might instinctively think of that historical debacle. However, state laws vary on the issue of secret audio recordings. If the identity of the perpetrator is discovered, it remains to be seen whether that individual or entity will face felony criminal charges. Unlike the Watergate scandal, there is no allegation of breaking and entering in the instant allegation.Under Kentucky law, individuals might be permitted to record conversations they are involved in without acquiring consent from the other participants. This one-party consent approach may apply even to telephone conversations.
In this case, however, the Senator might have been having a loud discussion that could be heard in the public hallway. An experienced criminal defense attorney might question whether any reasonable expectation of privacy could attach to a conversation that allegedly could be overhead by anyone passing by in a public space. However, the Senator's office has stated that it considers such activity to be a felony.
Source: policymic.com, "Mitch McConnell is the Victim Of a Felony," Shoshana Weissman, April 10, 2013
]]>The two brothers were caught vandalizing the roof of a fur store in Covington, Kentucky. At the time of their arrest, however, police had already collected incriminating evidence against the brothers. Specifically, a police officer, equipped with a tiny video camera attached to his glasses, captured the incident on videotape. The brothers were allegedly destroying HVAC units on the roof by ripping out the copper components.
]]> According to the Kenton County Commonwealth's Attorney, prosecutors are seeing an increasing amount of video evidence collected by police. Apparently, wearing miniature cameras has become part of the standard police uniform, at least for a few of the local officers.In this case, police were alerted to the scene after a resident living next to the store called the police. Although the brothers reportedly caused several thousand dollars of damage in this incident, they both had previous felony records. That history may explain the harsh sentence of 10 years in prison that they received.
Perhaps because of the video evidence, both brothers plead guilty to the charges against them. Specifically, prosecutors charged the brothers with first degree criminal mischief, as well the offense of being persistent felony offenders in the first degree. It is unclear whether the plea deal was the result of negotiations between the county prosecutor and a criminal defense attorney, advocating on the boys' behalf.
Source: kypost.com, "N.Ky. brothers getting 10 years after escape attempt caught on camera," Kendall Herold, March 8, 2013
]]>A grand jury has indicted the doctor for multiple counts of both first and third degree sexual abuse. Four female patients accuse the doctor of inappropriate touching and fondling during their office visits.
]]> The accusations against the doctor began with a single female patient, a woman dependent upon a walker for her mobility. She claims that the doctor moved her walker out of reach and pinned her down, while allegedly massaging her inappropriately. Shortly after the in-office visit, the woman went to local authorities with purported DNA evidence to support her charge, as well as bruises that may become photographic evidence in the case.Attorneys for the doctor denied the woman's allegations, claiming that she had a history of drug-related offenses and that she may have planned this defamatory scheme against the doctor to extort him for money. Since that first allegation, however, three additional female patients have reported allegations of abuse to the state medical board.
Criminal sexual assault is a serious offense in Kentucky. A conviction for this felony charge usually means imprisonment, and may also require registration in the national sex offender database. However, there are different degrees of sexual assault. With the help of an experienced criminal defense attorney, a defendant might be able to reduce charges to a lesser degree, possibly through a plea agreement with prosecutors.
Source: wave3.com, "More women accuse Louisville doctor of sexual assault," Katherine Kington, March 24, 2013
]]>The man became the subject of investigation after several consumers of his automotive consignment business, called Tinker Toys, lodged complaints with the state's Office of Consumer Protection. According to reports, the man entered into at least 11 separate transactions with customers over a one-year period, each involving amounts more than $10,000. However, the man did not use the funds for the purposes intended by his customers.
]]> Specifically, the man was charged with failing to turn over the sale proceeds to customers or pay off liens after selling a consigned vehicle. In addition, the man allegedly failed to provide titles to customers who purchased vehicles from him.This post illustrates the harsh penalties that can apply when allegations of fraud are concerned. Many prosecutors and juries have little sympathy for business owners who allegedly misappropriated funds in their possession. White collar criminal sentences can also be enlarged when large sums of money were at issue.
To counter that prosecutorial aggression, any individual charged with a white collar crime should consult with an experienced criminal defense attorney as soon as he or she becomes the subject of an investigation. An attorney can ensure that an individual's rights are kept intact, requiring investigators to obtain evidence through proper procedures. An attorney can also work to minimize the allegations to the actual financial transactions at issue.
Source: surfky.com, "Sentencing of Former Louisville RV Dealer on Theft, Fraud Charges," March 18, 2013
]]>Members of the state's House Judiciary Committee recently approved a bill that would make DNA collection a standard practice for anyone arrested with a felony in Kentucky. What's more, that DNA sample would be uploaded into the national DNA database. The bill does contain one procedural protection: Defendants who are not convicted of their initial felony charge would be able to request that their DNA be removed from the database.
]]> The proposed legislation, called House Bill 89, would substantially expand the state's current approach to DNA collection. Under current Kentucky law, only those convicted of felonies are typically required to submit a DNA sample. Kentucky is not an isolated voice in this movement, however. At least 25 states currently have laws permitting the collection of DNA from arrestees, rather than waiting for conviction.As this post illustrates, the enforcement efforts of local police and prosecutors may be increasing. In such an aggressive prosecutorial environment, any individual charged with a felony crime would be well advised to consult with a criminal defense attorney. An attorney will ensure that officials don't cross the line and violate a defendant's constitutional rights or procedural protections. An attorney will also help prepare a vigorous defense that holds prosecutors to their burden of proof.
Source: courier-journal.com, "Kentucky bill would require DNA sampling in felony arrests," Jessie Halladay, Feb. 13, 2013
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