Category Archives: criminal law
When law enforcement officers want to search someone’s home or property for evidence of criminal activity, they usually need to obtain a search warrant. In general, searches that are conducted without a warrant violate the Fourth Amendment to the U.S. Constitution and, if you are in Kentucky, Section 10 of the Kentucky Constitution. However,… Read More »
Body cameras are being widely deployed by police departments across the country, and they are being used in a growing number of arrests. Proponents of body-cams like to point to a number of potential benefits that this technology may provide for both law enforcement and those who have run-ins with the law. These include:… Read More »
The Fourth Amendment Prohibits Police from Stopping a Motorist to Investigate a Completed Misdemeanor Offense that was Committed Outside the Officer’s Presence The Fourth Amendment of the United States Constitution and Section 10 of the Kentucky Constitution ensures the right of the people to be free from unreasonable searches and seizures. In a recent… Read More »
In many criminal cases, expert witnesses are used by the prosecution to testify on certain facts and evidence. The defense also has the right to call expert witnesses to testify on their behalf and to rebut the prosecution’s testimony. What is an Expert Witness? When it comes to expert witnesses, the term “witness” is… Read More »
What is Wanton Endangerment and What is the Difference between First and Second-Degree Wanton Endangerment?
One of the defining elements of many criminal offenses is the state of mind of the accused at the time the alleged offense was committed. For example, if someone commits a homicide with malicious intent (i.e., the intent to kill or cause serious bodily injury), they can be charged with murder. If, on the… Read More »
The Police Charged Me with a Crime: Can a Prosecutor Enhance the Charges Once the Case goes to Court?
When someone is arrested and charged with one or two criminal violations, they may breathe a sigh of relief because there were other potential violations they could have been charged with. This sense of relief may be premature, however, because the initial charges that are filed in court could be altered by the prosecutor… Read More »
In recent years, societal attitudes and laws in some states have been trending toward more leniency toward recreational drug use. Kentucky seems to be going in the opposite direction. In 2017, Governor Matt Bevin signed House Bill 333, a new law that could push low-level heroin dealers into longer prison sentences and lead to… Read More »
Criminal defendants in Kentucky who are arrested for possession of a controlled substance can face enhanced charges if they are found to be in possession of a firearm at the time of the offense as well. According to KRS 218A.992: Enhancement of penalty when in possession of a firearm at the time of commission… Read More »
In many criminal investigations, law enforcement officials apply for a search warrant from the court in order to obtain evidence that can later be used by the prosecution to obtain a conviction. In Kentucky and every other state, search warrants are used routinely to search homes, offices, vehicles, cell phones, computers, and other private… Read More »
You are driving down the road minding your own business, when the police pull you over for a broken tail light. The officer takes your license, checks you out, returns to your car, and asks if he can search the vehicle. You are a little hesitant, but you have nothing to hide, so you… Read More »