Kentucky Criminal Defense Lawyer
Each May, Churchill Downs is the home of the Kentucky Derby, which is one of the most famous horse races. The Bluegrass State is also home to a number of natural landmarks such as Kentucky Lake and the Cumberland Gap as well as Lake Cumberland, which is an artificial lake. The University of Kentucky, University of Louisville, and Bowling Green University are among the largest schools in the state and have strong academic and sports programs.
What Happens If You Violate State Law?
In many cases, you will be contacted by police if there is reason to believe that you have violated state law. For instance, if a store owner says that you stole a television, an officer may stop you before you’re able to get in your car and leave. Alternatively, you may be contacted at home by an officer. If you commit a traffic offense, you will likely be subject to a traffic stop. At that point, the officer who conducts the stop may ask to search your car or request that you submit to field sobriety tests.
If there is enough evidence to charge you with a crime, you may be taken into custody. There is also a chance that you will be given a summons to appear in court to hear the charges against you and to enter a plea. Depending on the severity of your crime, you may be taken to the police station or taken to jail before being allowed to leave on your own recognizance.
Alternatively, you may have to remain in custody until you see a judge or until you are able to make bail. If you cannot make bail, you may have to stay in jail for the duration of your case. Although you may not be able to meet with your Kentucky criminal defense attorney until after you have been processed, you can ask for legal assistance at any time.
After this happens, you cannot be questioned by authorities unless your legal counsel is present. Any statements that you are forced or coerced into making without your attorney present may be suppressed prior to trial. Your attorney will likely be present during an initial court hearing when you enter a plea and learn when your next court date will be.
Put our highly experienced team on your side
Brian J. Kuester
Former U.S. Attorney
Former DA
Amanda Marshall
Former U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney
& Former District Attorney
Local Counsel
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Linda Julin McNamara
Former Chief, DOJ Appeals
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Kevin M. Sheridan
Former Special Agent (FBI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Dennis A. Wichern
Former Special Agent-in-Charge (DEA)
The Importance of Hiring an Attorney
Hiring an attorney is important beyond just having someone to accompany you to an interrogation or to court. Your Kentucky criminal defense attorney may be able to gather evidence that could help exonerate you such as witness statements or footage from the bar where you allegedly started a fight.
This evidence may make it easier to prove that you were elsewhere when an event started or that you were the victim of mistaken identity. At a minimum, those and other lines of evidence may be used to create reasonable doubt in your case.
The attorneys at The Criminal Defense Firm are mostly former federal agents or federal prosecutors. Therefore, they know how to deal with prosecutors in a fair manner to ensure that your rights are protected throughout the legal process. The fact that our attorneys are held in high regard may make it easier to obtain favorable rulings before or during a trial or make it easier to have charges dropped or reduced.
The Types of Cases Are Firm Typically Handles
Assault and battery, drunk driving, and drug possession cases are among those that are often pursued by state authorities. Our firm may also help you with a murder, arson, or robbery case. Finally, we may be able to deal with larceny or burglary cases as well as financial crimes such as fraud or tax evasion. In the event that you are facing both state and federal charges, we can likely create a defense that may help you obtain a positive outcome in both cases.
Why You Might Face State and Federal Charges
There are several reasons why you might face federal charges for something that occurred within Kentucky borders. First, if you committed an offense on federal land, that would likely fall under the federal government’s jurisdiction. Second, if you were apprehended by Kentucky authorities after committing a crime that created victims or involved conduct in multiple states, the federal government would likely have jurisdiction in that matter.
However, it is possible that you would simply face charges in both states depending on the nature of your crimes. Finally, if you target a federal agent, you would likely face charges at the federal level even if your actions didn’t impact anyone outside of Kentucky’s borders.
You May Experience Negative Consequences Prior to a Trial
There is a chance that you might be penalized prior to being convicted of a crime or before you even step foot in a courtroom. For example, if you are charged with drunk driving, you will likely spend several hours or days in custody. Furthermore, you may be subject to a license suspension if you refuse to submit to chemical tests. In addition, you may have your car impounded or other items confiscated. Items may also be confiscated regardless of what you’re charged with if there is reason to believe that it could be evidence. If you were out on bail or on probation when charged with an offense, you could risk going back to jail for violating the terms of your bail or the terms of your probation.
Frequently Asked Questions
Will I go to jail if I reoffend while on bail or probation?
There is no way to determine what a judge might do until the person overseeing your case makes a ruling. However, it’s possible that you will go to jail if you violate the terms of your bail or commit an offense while on probation or parole. The exact consequences of your actions will depend on the severity of your offense and if you have violated the terms of your bail or probation in the past. If there is reason to believe that a violation occurred by accident, it’s possible that no further action will be taken.
Will I be tracked after being charged with a crime?
If you have been charged with a crime, it’s possible that the government will keep tabs on your online activity. Authorities may also obtain copies of phone call logs, text messages, or emails that you send to your friends, family members, or others. However, the government generally needs a warrant to obtain this information, and your attorney may be able to contest any efforts to obtain it. Furthermore, you are allowed to obtain a new phone, computer, or other electronic devices assuming that a judge has not prohibited you from doing so as a condition of your bail. This may help protect your privacy during the course of an investigation or during the course of a trial.
Does the government have access to anything I tell my attorney?
No, anything that you tell your attorney in private is generally considered confidential. Furthermore, anything that you say to an attorney in his or her legal capacity is generally privileged even if that person hasn’t been hired to represent your interests. The rule is in place to ensure that you have the ability to obtain adequate counsel during an investigation or after you have been charged with an offense. If you couldn’t speak freely to counsel, your advocate may not have enough information to provide a truly zealous defense.
What if I tell my attorney that I've committed a crime?
Even if you admit to your attorney that you’re guilty of the charges in your case, your attorney is still required to vigorously defend your interests. In such a scenario, your legal team will likely attempt to create sufficient doubt to prevent a jury from rendering a guilty verdict. Your legal team may also choose to engage in negotiations for a plea deal that might allow you to avoid jail or prison time or other penalties associated with your case.
Contact The Criminal Defense Firm Today for Help in Kentucky
If you are in need of a Kentucky criminal defense attorney, call The Criminal Defense Firm’s national intake number at 866-603-4540 to learn more about how we might be able to help you. You can also reach out by filling out our contact form and an attorney will respond quickly.