Author: Grubbs & Landry

What Is Criminal Trespassing In Kentucky?

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Criminal Trespass Vs. Theft Crime

The crime of breaking and entering generally requires an intent to commit another crime – usually robbery, theft, or arson. Trespassing does not. This intent to commit a crime has to exist at the time of the breaking and entering. However, it only has to be an intent to commit the crime. With criminal trespass, you may not have entered or remained on the property with the intent of committing a crime. If you did not have permission the key is that you entered the property without permission, and that is what results in the criminal trespass charge.

There Are Three Degrees Of Criminal Trespass In Kentucky

You commit trespass when you knowingly enter another person’s land or property without permission. Criminal trespass in Kentucky is generally a misdemeanor offense; however, you should not ignore criminal trespass charges.

Depending on the circumstances, you could face significant jail time for a criminal trespass conviction:

  • A person is guilty of criminal trespass in the first degree when he or she knowingly enters or remains unlawfully in a dwelling. Criminal trespass in the first degree is a Class A misdemeanor.
  • A person is guilty of criminal trespass in the second degree if a person knowingly and unlawfully enters or remains in a building or on property that provides a notice against trespass with enclosures or fences.
  • A person is guilty of criminal trespass in the third degree when he knowingly refuses to leave after a reasonable request to leave by a law enforcement officer, the owner, or any other person having lawful control over such property, or reasonable notice prohibiting entry.

The Penalties For Criminal Trespass By Degrees

All three degrees of criminal trespass are misdemeanors. The least serious misdemeanors are classified as Class C or Level Three.

These crimes can result in fines and jail time of up to a year and may also offer the chance of probation:

  • Third-degree criminal trespass carries a maximum fine of up to $250.00.
  • Second-degree criminal trespass carries a maximum jail sentence of 90 days in jail and up to a $250.00 fine.
  • First-degree criminal trespass carries a maximum jail sentence of up to 12 months jail time and a fine of up to $500.00.

What Is Domestic Violence Shelter Trespass?

“Domestic violence shelter” is a residential facility providing protective shelter services for domestic violence victims.
(2) A person is guilty of domestic violence shelter trespass when: The person enters the buildings or premises of a domestic violence shelter that the person knows or should know is a domestic violence shelter or which is clearly marked on the building or premises as being a domestic violence shelter; and (b) At the time of the entering, the person is the subject of an order of protection. A charge is a Class A misdemeanor, which carries up to 12 months in jail and a fine of up to $500.00.

Available Defenses If You Are Charged With Criminal Trespass

Each crime requires that the person “knowingly” entered the property or remained on the property. Several defenses might be available if you are charged with criminal trespass.

Defenses of criminal trespass include:

  • Mistaken identity.
  • You had to enter the property to prevent a public disaster.
  • You were on the property to stop a nuisance.
  • The owner gave you permission to be on the property.
  • You had a legal right to be on the property.
  • Lack of intent

Take A Criminal Trespass Charge Seriously

A conviction on a charge of criminal trespass can result in jail time and a fine. In addition, if you plead guilty you have a criminal record. Having a criminal record can have negative consequences for many years. It can keep you from getting a job or renting in a neighborhood you desire. Usually, employers and landlords require criminal background checks. In addition, a criminal record can have a negative impact on child custody, education opportunities, and gun rights. Instead of pleading guilty or trying to handle the criminal charges on your own, consider speaking with a criminal defense lawyer. Your future could be at risk, but it is worth taking the time to seek legal advice before proceeding on your own.

Contact us (859-341-2500) for a Free Consultation!

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About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

If I’m Injured in an Car Accident, What Should I Do Afterwards?…

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Over six million car accidents occur each year in the United States. Fortunately, most of them involve only property damage – damage to the vehicle as opposed to the occupants. But one in three accidents involves personal injury to the driver or passengers and out of that number, two out of every ten accidents lead to fatal injuries. If you are involved in an automobile accident, there are certain things you can do to protect yourself and your interests. An accident can cause you to miss work or important events and you may have to deal with traffic citations, liability issues, vehicle repairs, and sometimes injuries or even the death of a loved one. If you are in a car accident in Kentucky, the first thing you should do is to follow safety precautions. The following is a list of thing you should do if you are in an automobile accident…

Protect the Scene

Turn on your hazard lights, set out flares or warning cones if you carry them. Call the police and give an accident report and get assistance for medical care as soon as possible. A police report can help with the insurance process.

Call 911

If there is an injury call 911. Move your vehicle only if its position puts you in danger or you are instructed to move it by a police officer. If the accident occurs on an interstate or on or off-ramp does not involve death, or injury, or hazardous material, Kentucky law requires that you move the vehicle off the roadway as soon as the vehicle can be moved without risk of further injury or damage.

Make An Accurate Record

When the police arrive, make sure you tell the investigating officer(s) exactly what happened, to the best of your ability. If you do not know certain facts, tell that to the officer. Do not speculate, guess, or misstate any of the facts. If you are asked if you are injured and you are not sure, say you are not sure, rather than no. Often, the pain and injuries from motor vehicle accidents become apparent hours after the actual collision. You should also make sure statements made by other persons involved in the accident are accurate as well. Be sure and exchange your name, address, phone number, and insurance policy information. If the driver’s name is not the same name listed on the insurance card find out what the relationship is and write down bath names, addresses, and phone numbers. Note the year, make and model for the car, and the location of the incident.

Do Not Apologize

After a car accident, you may want to express sympathy to the other drive. Be polite but do not apologize. an apology could to construed as an admission of fault in legal proceedings. Do not get into an argument with the other driver if the other driver tries to get into a fight stay calm the police will be there soon.

Take Pictures

If you happen to have a camera in your vehicle, or a cell phone equipped with a camera, you should take pictures of the vehicles if there is visible damage. If you or the other party have visible injuries, you should photograph them as well. However, you should in no way interfere with the on-going police investigation. If you cannot take pictures at the scene of the accident, take them as soon as possible after the accident.

Protect Your Rights

In Kentucky, you cannot sue the other driver unless you have permanent or serious injuries such as disfigurement, organ damage, fractures, as well as at least $1000 in medical expenses. Perhaps the most important thing you should do after an accident is to consult your attorney. Your attorney can protect your rights and make sure valuable evidence is not destroyed. Often, insurance companies want to take statements immediately after an accident. It is important that you have received legal advice before providing such a statement. Your attorney can advise you on issues ranging from how to make sure you are fully compensated for your vehicle to how to make sure you are getting the best medical treatment available. Personal injury attorneys work on a contingency fee basis, which means there is no legal fee unless the attorney recovers compensation for your injuries. The statute of limitations in Kentucky for injuries or death caused by car accidents is one year for some claims and two years from the date of the accident or from the date of the last payment of Personal Injury Protection (or no fault) benefits for many of the claims arising from the auto accident. It is important to consult with an attorney before you talk to the other driver’s insurance adjuster or attorney and before you give a written or verbal statement.

Contact us (859-341-2500) for a Free Consultation!

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About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

5 Things You Should Never Do To Your Children During a Divorce…

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A divorce is one of the most stressful experiences in a person’s life. It is especially more challenging when children are involved. Children are often the unfortunate victims of a divorce. Usually, they don’t want their parents’ relationship to end. They are worried about what is going to happen to them. Will I have to move? What if Mom or Dad has a new boyfriend or girlfriend? What if they don’t like me? Can I somehow get my Mom and Dad to change their minds? Did I do something to make them get a divorce? Just remember to keep your behavior in check and do what’s best for them. It is often difficult but is very necessary. You want to foster a loving and healthy bond with your children even though you were not able to save your marriage. The following are several things you must not do to your children during divorce you do not want to unintentionally hurt your children.

Do Not Have Your Children “In The Middle” of the Divorce.

You shouldn’t question your child about the activities of the other spouse as a way of gaining ammunition against your “ex” or just because you’re prying. Ask your “ex” directly if you really want to know something. It puts your child in the middle and may make them feel they should lie to the other parent. Your children are not negotiating tools or bargaining chips that you can use to cause harm to your spouse. You should strive not to put them between you and the person you are divorcing. Do not expect your children to handle adult conversations, especially if they aren’t near to adulthood.

Do Not Put the Other Parent Down In Front of the Children

It is never a good idea to talk negatively about the other parent in front of the kids. This is a very difficult rule to follow as many divorcing people are hurt, bitter and angry and want to make sure their soon-to-be former spouse knows they feel this way. It is important not to threaten or antagonize the other parent and not to talk about your issues on social media as this information can be used against you. Just remember talking negatively about your spouse makes your child uncomfortable and sad.

Do Not Pit Them Against the Other Parent

If children are forced to choose sides, it can make co-parenting a complicated and difficult task and make the children feel guilty. Typically, kids benefit from the presence of both parents. They do not benefit—and indeed can be harmed—when one of their parents portrays the other in a relentlessly negative light. Similarly, they are often harmed by parents who fight their way through divorce and post-divorce/

Do Not Expect Children to Comfort You In Your Pain and Loneliness Over the Divorce

Having your children as your main source of emotional support is not healthy for them. You should be the one comforting them during the divorce. Just remember when it comes to your kids, you must always be selfless. You might be divorced and in the process of a lifestyle change but your children will always be connected to you and your ex-spouse.

Don’t Forget to Spend Quality Time With Your Children

Children need love and attention no matter what is happening with their parents. They should not be pushed aside because someone is having issues in their marriage. This is a good time to do something special with the kids. It may be hard to find the extra money, but there are some inexpensive trips that can be arranged or a small party can be planned. Don’t become so consumed with what is happening to you that you have no time to spend with your children. They really need you now.

Contact us (859-341-2500) for a Free Consultation!

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About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

5 Ways an Experienced Criminal Defense Lawyer Can Lessen Penalties Or Get Your Case Dismissed…

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Criminal charges are scary and intimidating. They carry jail time, hefty fines, and they threaten your job and reputation. But not every charge results in the worst-case scenario. An arrest on criminal charges is not a guilty verdict. You have the right to fight the charges. A criminal lawyer may discover one or more grounds for petitioning the court for a dismissal. There are a number of possible defenses that could prove your innocence. The following are grounds that you may have for asking the court to dismiss your criminal charges…

Lack of Probable Cause to Arrest

Probable cause means that a reasonable person would believe that a crime was in the process of being committed, had been committed, or was going to be committed. Probable cause is enough for a search or arrest warrant. Generally, a police officer has probable cause to arrest you if they have a reasonable belief that you were involved in a crime. Officers may establish probable cause in a variety of ways including observations, statements made by victims or witnesses, expertise or personal knowledge, and circumstantial evidence indicating that a crime was likely committed. For example, if a law enforcer believes that you are drunk and stops you. If they do not have probable cause for a stop or an arrest, the court could dismiss the criminal case. The facts and circumstances must indicate to a reasonable officer in a similar situation that the person was involved in criminal activity.

Improper Chain of Custody

The chain of custody is the most critical process of evidence documentation. It is a must to assure the court of law that the evidence is authentic — that it is the same evidence seized at the crime scene. It was, at all times, in the custody of a person designated to handle it and for which it was never unaccounted. Law enforcement must maintain a strict chain of custody evidence. For example, there is a process for maintaining blood samples after a violent crime and there is a process for maintaining evidence in a rape case. When the chain of evidence is broken, the court can throw out the evidence. Your case could also be dismissed.

An Unreasonable Search and Seizure

The Fourth Amendment to the United States Constitution guarantees the right of all people to be free from unreasonable searches and seizures. The purpose of these constitutional rights is to prevent the police from harassing people who have not done anything wrong. These rights mean that the police cannot search your person, your home, your vehicle, or your things unless one of the following is true: (1) The police have a search warrant, or (2) the police have a valid exception to the warrant requirement. If the police officer conducts an illegal search, any evidence obtained from the search may be inadmissible in court. Never give your consent to search your home, vehicle, or person.

Civil Rights Violation

Miranda’s warnings are only necessary when a suspect is in custody and about to be interrogated. The name of the Miranda doctrine comes from the U.S. Supreme Court’s decision in Miranda v. Arizona, 384 U.S. 436 (1966). Talking to the police can make it more difficult to have your criminal charges dismissed. Exercise your right to remain silent and to call legal counsel. If the police violate your right to counsel or right to remain silent, that is a violation of your civil rights.

The Burden of Proof

The prosecution in a criminal case bears the burden of proving to the jury beyond a reasonable doubt all of the elements necessary to establish the guilt of the defendant. If there does not appear to be sufficient evidence to prove a case, your attorney may file a motion to dismiss. The judge decides whether to dismiss the case.

What to Do If You Are Arrested

Always be respectful, never resist arrest, contact a lawyer as soon as possible, and remember that you have the right to remain silent. If other people were present during the alleged assault, their testimony could prove your innocence. Contact them immediately and ask them to provide a written statement of what they saw or heard. Phone records can show whom you were communicating with, at what time, and for how long. If police officers are arresting you, they are already convinced that you committed a crime. Nothing you say is going to change their minds. Instead, remain calm and quiet. An arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to an arraignment, in some jurisdictions, the accused is expected to enter a plea, it is best to plead not guilty and ask for bail. Do not offer any explanation for the criminal charges until you talk to your lawyer. Always be honest with your lawyer. They cannot defend you to the best of their ability if they do not have all the facts.

Be Patient

Your arrest is the beginning of a legal process that takes time to resolve. Your attorney knows that you are under a lot of stress, but they will do all they can to make the process easier for you and to ensure that it does not drag on. Building a defense strategy to prove your innocence can take time, and you should trust your legal team in this process. A detail that you might not find important could be the detail that gives your attorney the grounds to find a motion to dismiss your case. If you are released on bail, do not contact any parties involved in the case. Do not talk to your family or friends about the case. They could then be called as a witness to a trial if there is one. Allow your lawyer to do his job by inventing your arrest circumstances to identify ways to get your criminal case dismissed.

A case might not go away after a judge or prosecutor dismisses the charges. If charges are dismissed without prejudice, prosecutors can refile the charges if the police uncover new evidence. As a result, you should keep in contact with your criminal defense lawyer, so you have representation if the case resurfaces.

Contact us (859-341-2500) for a Free Consultation!

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About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

How Adultery Can Affect Your Divorce and Possible Alimony…

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Marriages can end when one member of the couple discovers that the other has had an adulterous relationship. How important is the impact of the extra-marital relationship on the divorce itself? Legally, the answer varies from state to state, In Kentucky we have a no-fault state when it comes to divorce, so there are no “divorce consequences” to the act of adultery. The larger question to ask is… did the adulterer us an marital assets to support the extra-marital relationship?

When Marital Assets Are Use To Support The Extra-Marital Relationship

These days, adultery rarely has much of an impact on the distribution of assets — except in cases where one spouse has used marital assets to support the extra-marital relationship. For example, if a husband borrows against a marital asset in order to support his mistress, that fact would likely be taken into account in distributing the assets of the marriage. Adultery will not typically affect if a spouse will receive alimony or spousal support, but it may affect how much.

Marital Misconduct and Alimony

While we are a no fault divorce state in Kentucky, meaning you don’t have to have a reason to get divorced, a spouses marital misconduct is considered when it comes to alimony. Misconduct will not affect child custody, or division of assets, it may affect the amount of alimony awarded. If you are the one that was adulterous and also the one that is supposed to receive alimony the judge may award less based on marital misconduct. However if you are the person receiving marital maintenance and your spouse cheated, you may be awarded more. Usually this is case by case situation and not the common outcome.

Always Consult an Experience Divorce Lawyer

For your own benefit, you should consult a qualified lawyer to address your concerns more appropriately. Divorce Lawyers realize divorce is stressful and emotional and they want to help you move through it as swiftly and painlessly as possible. Your best bet is to seek your revenge through being happy without your ex and let his or her conduct find its own punishment without you.

Contact us (859-341-2500) for a Free Consultation!

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About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

The 5 Categories Of Capital Offenses And Felonies In Kentucky…

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There are five groups of felonies and capital offenses in Kentucky. There are Class A, B, C, or D felonies as well as capital offenses. The worst offenses of crimes are saved for these classifications. They can lead directly to a long jail sentence if you don’t know how to maneuver through the system. Below are some of the captial offenses and felony classes. They regulate the gravity of a crime and what the sentencing could be.

Capital Offenses

Capital offenses include murder and kidnapping that results in the victim’s death. Capital offenses are those that could result in the death penalty sentence. Another possible punishment for a capital offense would be 25 years to life in jail, as well as life without parole or a jail sentence of 20-50 years. The crime circumstances are weighed against the offender’s mental status as well as how the survivors of the victim are affected.

Class A Felonies

Class A felonies are serious crimes that are not considered capital offenses. These sentences range from 20-50 years in jail as well as life in prison. For example, the rape of a child is considered first-degree rape. Armed robbery would also be a Class A felony as would grand larceny and spiteful wounding. Murder is usually known as a capital offense, but occasionally it is considered a Class A felony due to situations that may be better served by a life sentence, not the death penalty.

Class B Felonies

Class B felonies are punishable by 10-20 years of jail time. Examples of Class B felonies are rape, sodomy, and manslaughter in the first degree. This category contains sexual offenses as well as negligent murder.

Class C Felonies

Class C felonies have the punishment of 5-19 years of jail time. These mostly involve property. Larceny that involves property whose value is more than $10,000 but less than $1 million is a Class C felony. Manslaughter in the second degree, assault in the second-degree, trafficking in controlled substances, and unauthorized use of a credit card in an abundance of $10,000 are also considered Class C felonies. Other examples are cybercrimes, including accessing a computer or network without authorization.

Class D Felonies

Class D felonies are punishable by 1-5 years of jail time. This includes credit card use that is not authorized in the amount of $500-$1000. Also included in this Class of felony are drug possession, endangerment in the first degree, and stalking. If you have 5 or more marijuana plants this is also a Class D felony. Also, several misdemeanors can add up to a Class D felony. If one already has 4 DUIs the next one would be bumped to a felony.

Grubbs & Landry Can Defend You Against Criminal Law Charges

Criminal charges, whether a misdemeanor traffic violation or a felony possession charge, can be a scary process for you or a family member. We operate under the presumption that you are innocent until proven guilty and we will advocate for your legal rights.
> Learn More

Contact us (859-341-2500) for a Free Consultation!

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About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

5 Common Mistakes Fathers Make During and After A Divorce…

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When your marriage comes to an end, it’s easy to get caught up in your emotions. Overwhelmed by all that you are experiencing can cause you to unknowingly make mistakes. This might come with longer lasting consequences, so it is vital that you do your best to remain level headed and not succumb to your emotions. The following are some of the most common mistakes dads make as they go through divorce….

Running Up Litigation Costs

In an effort to outspend and break their ex-wives, dads will drive up litigation expenses. This can cause fathers to deplete their own funds and gain enemies. This can also create the impression that they are being unnecessarily difficult which can cause the judge to side in favor with their ex.

Over-Extending Themselves

With divorce comes change. With expenses like child support, alimony, and the cost of dual households, they feel overwhelmed and are forced to work more just to support these lifestyle changes. To avoid over-extending yourself, consult with your divorce attorney in the beginning of the process. They can help you understand what your financial obligations are and assist you in creating an effective budget to accommodate the pending changes.

Failing to Prioritize Their Children

In an effort to maintain the peace, fathers sometimes sacrifice time with their children and avoid going to family court. While it is important that you make the transition as smooth as possible for your children, it is more important that they are still getting time with their dad.

Using Their Children as Pawns

Often times fathers will use gaining equal custody of the children as leverage to reduce the amount of child support they’ll have to pay. Custody should be divided fairly and centered around the best interest of the children, not either parent. It is important to spend quality time with your children when you do have them. If you’re only fighting for custody because you do not want to have higher child support payments, you need to step back and reevaluate.

Refusing to Pay Child Support

Usually if a father ceases child support payments, there is a good reason for it whether it be that they lost their job or had a decrease in pay. Regardless, you should not stop paying your child support. In these situations, it is best to ask for a modification. It is likely that a judge will agree to the modification if it is deemed that your current payments are causing significant financial stress on you and not maintaining the best interest of the children. You do not want to face penalties and interest fees on top of missed payments.

Contact us (859-341-2500) for a Free Consultation!

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About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Your Options If You Have Been Accused Of Credit Card Fraud In Kentucky…

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If you have been accused of credit card fraud, you may face fines and time in the county jail. Often, you would be ordered to pay restitution to cover the losses suffered by your victims. In some cases, you would be charged with multiple crimes, including both misdemeanors and felonies. Stealing a debit or credit card number and fraudulently using it is a crime, and in Kentucky, it is a felony. If you are accused of this type of crime you need an experienced fraud lawyer.

The Legal Definition Credit And Debit Cards

You can be accused of fraud for the theft of either of the cards.

  • A Debit Card is plastic currency or plastic money. The owner can use it to buy things instead of using cash. Typically, the banks issue a Debit Card and services are based on the funds that are deposited into the owner’s checking or savings account. All transactions made through the Debit Card are reflected in the owner’s bank account statement.
  • A Credit Card means any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, property, labor, or services issued by a bank or financial institution that allows the owner to receive goods.

3 Types of Credit and Debit Card Fraud Under Kentucky Law

  • Cardholder Fraud – Fraud by false statements. If you lie on your credit card application and receive a line of credit that you would have otherwise been denied, you have technically committed fraud. This includes lying about your name, social security number, address, or income. This is an especially serious crime if you try to get a credit card in someone else’s name by filling out an entire application with their personal information.
  • Merchant Crimes Fraud – Merchant crimes occur when a merchant or service provider falsely claims that they provided goods, or services and charges the card when no goods or services were actually provided. Even when the goods or services in question are sold legally, falsely representing the nature of a credit card payment violates the processing merchant’s agreement with its acquiring bank. Using such a scheme to sell products illegally may also violate a number of state, federal, and AML laws depending on the nature of the transaction.
  • Third-party Fraud – Triangulation fraud is when a customer makes a genuine purchase on a third-party marketplace, but the product they receive was fraudulently purchased from a different retailer’s website. This is a convenient scheme for cybercriminals, who take advantage of smaller merchants to make some quick cash. Third-party crimes also include stealing cards, buying or selling cards, and phishing ( using the card yourself or selling the information on the card). And even making false credit cards.

Federal Laws

Federal Laws can also be applied to the prosecution of credit and debit card theft and fraud: The vast majority of credit card fraud cases are prosecuted under state laws and courts, but they can also be charged as a federal crime under 18 U.S.C. § 1029. Credit card fraud occurs in many ways and several federal statutes can be used by a prosecutor to indict someone who has violated federal laws.

Federal penalties for using a “device” to commit fraud (the law defines a credit card as such a device) can include up to 20 years in prison, plus fines and forfeiture of personal assets. U.S. Code. 18 U.S.C. Kentucky state law declares that a person found guilty can be fined and imprisoned for up to 50 years.

If you’ve been charged with credit card fraud you need legal counsel. Credit card fraud is a white-collar offense and you need an experienced defense attorney to help determine the nature of the charges and which defense will be the most effective.

Contact us (859-341-2500) for a Free Consultation!

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About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

Divorce Tips For Couples Thinking About Divorcing After 50…

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Divorce after 50 can be financially devastating. The cost of living is considerably more when you’re single rather than when two of you share expenses, Expenses can be 40% to 50% higher than for couples on a per person basis, according to the American Academy of Actuaries. However, divorce among individuals of this age has doubled within the past 20+ years. Divorcing after 50 is sometimes referred to as a gray divorce. It has its own unique challenges since most married couples over the age of 50 have likely spent decades with each other. Here are a few of the issues individuals over 50 must consider if they are thinking of obtaining a divorce….

If Your Health Insurance Is Through Your Spouse

If your spouse’s policy has covered you, you may be in for a nasty—and expensive—surprise, especially if you divorce before Medicare kicks in at age 65. Basically, there are three options…

  1. Your employer can cover you
  2. You can sign up for your state’s health care exchange under the Affordable Care Act
  3. Continue to use your ex’s existing coverage through COBRA for up to 36 months, but the cost is likely to be substantially more than it was before the divorce.

If new, separate health insurance policies threaten to break the bank, you may want to consider a legal separation so you can keep your ex’s health insurance but separate your other assets.

Finances / Lifestyle Changes

Financial aspect of divorce can present some major hardships, especially since you are no longer in your prime income-earning years. You will have a division of 401K and IRA plans, if either or both of you have those assets. You’ll have to pay the standard 10% early withdrawal penalty to divide these funds. A qualified domestic relations order is a legal document you can sign that is typically found in a divorce agreement, it recognizes that a former spouse is entitled to receive a predefined portion of the other spouse’s individual retirement plan assets. You can use this plan to save 10%. Depending on the specific circumstances of your situation, a divorce might require to delay retirement or a drastic lifestyle change.

Emotional Considerations

First time in a long time for being only responsible for yourself to make decisions based on what you want. From little decisions like what to hang on the wall of your house to bigger ones like where to travel and what kinds of projects to do on the house, is all up to you. That feels good but can also be overwhelming. At first, it can be really nerve-wracking and the dating world has changed. Dating can be energizing until it gets exhausting. It can be scary since you might not be used to being on your own. Remember that it is OK to ask for help. Talk to a close friend or consider therapy to vent your emotions.

Adult Children

No matter how much you’d like to help your kids, your priority is to ensure you have a healthy retirement income. When the income that once covered one set of household expenses is suddenly divided into two, you may have to make some changes to your spending to afford your daily and monthly expenses. Unlike younger couples struggling with child custody or child support, these problems no longer are on the table, but that does not mean you will not have to provide comfort and emotional or financial support to older sons and daughters.

Contact us (859-341-2500) for a Free Consultation!

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About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
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Margo Grubbs Appears on SuperLawyers.com – A Peoples Lawyer: How Margo Grubbs Went from Policing to Defending the Underdog…

Posted by Grubbs & Landry on

In August 2022, Grubbs was honored by the North Kentucky Bar Association as a local industry legend and trailblazer for women’s rights. While she worked at other firms briefly, she has spent most of her career in her own practice: 20 years at Grubbs & Landry in Fort Mitchell, focusing on criminal defense, civil injury and divorce cases.

> Read A Peoples Lawyer: How Margo Grubbs Went from Policing to Defending the Underdog

Contact us (859-341-2500) for a Free Consultation!

—

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.