Many people believe that pleading “guilty” at a first appearance might make the prosecutor or the judge go easy on you or possibly reduce the charge?

But it is almost never a good idea to plead “guilty” at your initial court appearance in Kentucky (whether it be in State or Federal Court). At the time of your initial appearance, it is unlikely that you or an attorney – public or private – working for you has discovered all of the evidence against you or all of the defenses that you may have available to you.

Also, the judge and the prosecutor will not hold it against you if you plead “not guilty” at your first appearance. If you are charged with a crime, then you should immediately consult a local criminal defense attorney, who will best know how to handle your case and work toward the best possible outcome.

If you (or a loved one) have an upcoming initial court appearance in Kentucky or in the Lexington area in particular, call Attorney Dan Carman at (859) 685-1055 for a free consultation.

Although they mean slightly different things, the words “bail” and “bond” are often used interchangeably in Kentucky courts. Both refer generally to money paid to release a defendant from custody while his or her case is pending.

If the Defendant complies with everything the Court asks while the case is pending (in large part, that means if he or she shows up to Court when required and stays out of trouble), then at the end of the case, the money is returned to the person who paid it. However, if while out of custody the Defendant violates the conditions of the bond set by the judge, the money can be forfeited (taken by the Court) after a bond forfeiture hearing.

A judge considers several factors when determining the amount of a defendant’s bail. Under KRS 431.525, the bail amount shall be:

1. Sufficient to insure compliance with the conditions of release set by the court;
2. Not oppressive;
3. Commensurate (corresponding) with the nature of the offense charged;
4. Considerate of the past criminal acts and the reasonably anticipated conduct of the defendant if released; and
5. Considerate of the financial ability of the defendant.

In reality, many factors can affect the amount of the bail, including but not limited to the defendant’s criminal history, the defendant’s history (if any) of failing to appear for court, and the defendant’s age and family situation.

Additionally, the judge has discretion to increase the bail amount or alter conditions of the bond in other ways. With a proper explanation in the order, the judge could even refuse to release the defendant from jail.

The bail may be reviewed at every stage of a criminal proceeding. For example, if a judge refuses to lower it at the arraignment, it could still be lowered later at the preliminary hearing. It is important to remember, however, that in many cases, a judge will not review and lower a person’s bail unless some of that person’s information, such as the address where he or she resides, has been verified by 3rd parties through the Court’s Pretrial Services office.

An experienced criminal defense attorney will be most able to present your best arguments for a reduced bail amount or a change in other conditions of the bond.

If you (or a loved one) have been arrested and face a high bail amount in Kentucky or the Lexington area in particular, call my office at (859) 685-1055 for a free consultation.

Yes, you can! And it does happen. However, if your level registers lower than 0.05% on a breath test, it is presumed that you are not under the influence of alcohol. If your BAC is 0.08% or higher, you are presumed to be under the influence of alcohol. However, if your BAC is between 0.05% and 0.079%, it is not presumed that you either were or were not under the influence of alcohol, but that level could be evidence used against you, along with other well-established signs of intoxication, in determining your ultimate guilt or innocence.

Despite these figures, an officer could still charge you with a DUI if he or she has other competent evidence suggesting you were intoxicated. If an officer reasonably suspects you are intoxicated, he or she could ask you to perform several field sobriety procedures, such as the Walk and Turn, One-Leg Stand, and the Horizontal Gaze Nystagmus, among others. An officer will also be looking for evidence of slurred speech, and bloodshot or watery eyes (although such observations are highly subjective).

Keep in mind that by the time you have been taken to the detention center or police station and submitted to the breath test on the Intoxilyzer 5000EN (not to be confused with the Preliminary Breath Test, which is administered using a handheld device, often at the scene of the arrest), you have already been arrested (presumably after the police officer believed he or she had probable cause to do so), and “taken in,” so the officer has very little incentive not to charge you, regardless of your BAC as shown by the breath test (KRS 189.520).

If you (or a loved one) have been charged with DUI in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation.

Yes. You can be charged with armed robbery and many other crimes based on a witness’s testimony, regardless of its truthfulness.

Being convicted and sentenced, however, is a different matter. Whether you are to be convicted depends on, among other things, the evidence available to the prosecution to prove to a jury beyond a reasonable doubt the elements of the crime(s) with which you are charged. In other words, even if you have been charged with armed robbery or any other crime based on some information that the police or other authorities had at one time, you will not necessarily be convicted of anything. You should speak with a local criminal defense attorney as soon as possible to discuss possible defenses in your case.

If you or a loved one have been charged with a felony offense in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation.

It may seem like a good idea to save money and represent yourself in court after being charged with a crime. An experienced criminal defense attorney, however, can be very valuable in explaining to you what is happening and helping you work toward the best possible outcome.

He or she will be able to explain why the prosecution may or may not have enough evidence to convict you of the charge(s), whether you have a defense that you have not considered, and if the prosecution does has enough evidence to convict you, whether there are alternatives to jail or prison available to you, such as mediation, diversion, or probation.

Another advantage to hiring a lawyer is obtaining advice concerning other consequences of your conviction (if you are convicted), and the possibility of expunging the conviction in the future.

Finally, you will benefit from the confidence a lawyer can bring to the courtroom. Defending yourself can be intimidating.

If you (or a loved one) have been arrested in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation.

Sometimes. Bail conditions are set by a judge. In Kentucky, a person arrested for DUI (1st Offense) may be required to post a cash bond in the amount of $500, released upon the signature of a 3rd party and a $25 fee only, released upon his or her own recognizance, or may be required to fulfill other conditions – it is up to the judge.

A person arrested for DUI (2nd Offense) or DUI (3rd Offense) may be required to pay a much greater amount of money in order to be released from jail while the case is pending. In all cases, however, an attorney can request that the court lower the amount of bail. You should consider hiring an attorney if you would like assistance in having a Defendant’s bond amount reduced.

If you (or a loved one) have been charged with a DUI in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation.

A felony is a more serious offense and will carry a more severe punishment than a misdemeanor or violation. Felonies are punishable by confinement in the penitentiary, and could also include fines and other penalties. Examples of felonies include murder, rape, robbery, and trafficking in a controlled substance.

Examples of felonies commonly charged in the federal system are conspiracy, fraud, drug distribution, perjury, and offenses related to firearms and child pornography. Conviction of any such offense often means time in federal prison.

A misdemeanor is a less serious offense and almost always carries a less severe punishment than a felony. The punishment is usually one year or less – often substantially less – of jail time to be served in somewhere other than a penitentiary, like in a county jail. Other penalties, such as a fine, may also be imposed. Examples of misdemeanors include DUI (1st, 2nd, and 3rd Offense), theft of items worth less than $500, and possession of marijuana.

A violation is the least severe offense of the three, and usually results in a fine, or in some cases, points against a driving record. Examples of violations include Speeding and other traffic offenses, such as Careless Driving.

If you (or a loved one) have been charged with a felony, misdemeanor, or violation in Kentucky or in the Lexington area in particular, and wish to talk to a Kentucky Criminal Lawyer for free – call my office at (859) 685-1055 for a free consultation.

Probation is discretionary with the trial court, and is often ordered by the court as a result of a guilty plea. When someone pleads guilty, he or she usually (but not always) gives up his or her right to appeal the case.

Typically, one is not able to “appeal” the conditions of one’s probation. If you seek to have your probation modified, you should speak to an attorney.

If you (or a loved one) have been arrested in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation with an experienced criminal defense lawyer in Kentucky.

Assault (4th Degree) is usually not a felony, but it is a Class A (the highest class of) Misdemeanor. This charge often arises in the context of alleged domestic violence. A person is guilty of Assault (4th Degree) when he or she:

1. Intentionally or wantonly causes physical injury to another person; or
2. Recklessly causes physical injury to another person by means of a deadly weapon or a dangerous instrument. (KRS 508.030)

A conviction of Assault (4th Degree) (a Class A Misdemeanor) could carry a fine of up to $500 (KRS 534.040) and a sentence of imprisonment of up to twelve (12) months. (KRS 532.090)

Significantly, if a person commits a third or subsequent offense of Assault (4th Degree) under KRS 508.030 within five (5) years, and the relationship between the perpetrator and the victim in each of the offenses meets the definition of family member or member of an unmarried couple, as defined in KRS 403.720, then the person may be convicted of a Class D (the lowest class of) felony. The victim in the second or subsequent offense is not required to be the same person who was assaulted in the prior offenses in order for the provisions of this section to apply. (KRS 508.032)

If you (or a loved one) face an Assault (4th Degree) charge in Kentucky or in the Lexington area in particular, why not speak to an experienced Lexington Kentucky Criminal Lawyer for free. Call my office at (859) 685-1055 for a free consultation.

Yes, especially if the police officer saw you driving, and you tested positive for alcohol in your system. You should hire an attorney for help in this situation.

If you (or a loved one) have been arrested for DUI in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation.