Author: Grubbs & Landry

The Adoption Process: A Comprehensive Guide for Prospective Parents…

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Adopting a child is a life-changing decision that requires careful consideration and thorough understanding of the legal process. Whether you are considering adopting through an agency, pursuing an independent adoption, or exploring other options, having the guidance of an experienced family lawyer can make the journey smoother and more efficient. In this comprehensive guide, we will walk you through the adoption process, from the initial steps to finalization, and highlight the key role that attorneys play in ensuring a successful adoption.

Understanding the Adoption Process

The adoption process can vary depending on the type of adoption you pursue. It is crucial to have a clear understanding of the steps involved and the legal requirements that must be met. Let’s explore the general process:

1. Research and Decision-Making

The first step in the adoption process is conducting thorough research and self-reflection. Consider the different types of adoption, such as agency adoption, independent adoption, or foster parent adoption, and determine which approach aligns best with your circumstances and preferences. Seek information from reliable sources, consult adoption professionals, and gather insights from others who have gone through the process.

2. Choosing an Adoption Attorney

Once you have decided to pursue adoption, it is advisable to engage the services of an adoption attorney. These legal professionals specialize in family law and have in-depth knowledge of adoption procedures and regulations. They can provide guidance, answer your questions, and ensure that you are well-prepared for the journey ahead. Research reputable adoption attorneys in your area, seek recommendations, and schedule consultations to find the right fit for your needs.

3. Home Study and Paperwork

In most adoption cases, prospective parents are required to undergo a home study conducted by a social worker. This process involves assessing your suitability as adoptive parents, including criminal background checks, home visits, and interviews. Your attorney will guide you through the home study process and help you gather the necessary documentation, such as financial statements, references, medical records, and any other information required by your state’s adoption laws.

4. Identifying a Birth Parent or Child

If you are pursuing an independent adoption, you will need to find a birth parent willing to place their child for adoption or work with an adoption facilitator who can connect you with potential birth parents. Your attorney can assist in navigating the legal aspects of identifying a birth parent or child, ensuring that all necessary consents and legal requirements are met.

5. Legal Proceedings and Court Appearances

Once you have identified a birth parent or child, legal proceedings will commence to establish or transfer parental rights. This typically involves filing legal documents, attending court hearings, and presenting your case before a judge. An adoption attorney will represent your interests in court, advocating for the smooth progress of the adoption process and addressing any legal issues or questions that may arise.

6. Finalization of the Adoption

The finalization of the adoption is a pivotal moment in the process. It involves obtaining a final decree of adoption from the court, which legally establishes the parent-child relationship. Your attorney will guide you through the finalization process, ensuring that all necessary paperwork is completed accurately and submitted to the court. Once the adoption is finalized, you can celebrate the joyous occasion of officially becoming a family.

The Role of an Adoption Attorney

Now that we have outlined the general steps involved in the adoption process, let’s delve deeper into the crucial role that adoption attorneys play:

1. Legal Expertise and Guidance

Adoption attorneys specialize in family law and have extensive knowledge of adoption regulations and procedures. They will provide you with a comprehensive understanding of the adoption process, explaining the legal requirements and potential challenges that may arise. With their expertise, they can guide you through each step, ensuring that you are well-informed and prepared.

2. Representation in Court

Adoptions often require court appearances, especially when parental rights need to be established or terminated. Your adoption attorney will represent your interests in court, presenting your case before a judge and addressing any concerns or questions that may arise. Having an attorney by your side ensures that your rights and the best interests of the child are protected throughout the legal proceedings.

3. Navigating Complex Legal Requirements

Each state has its own set of adoption laws and regulations. An adoption attorney will have a deep understanding of these laws and can navigate the complex legal requirements on your behalf. They will help you gather the necessary documentation, complete paperwork accurately, and ensure compliance with all legal obligations.

4. Facilitating Communication and Negotiation

In some adoption cases, communication and negotiation may be necessary, particularly when working with birth parents or adoption agencies. Your attorney will act as a mediator, facilitating effective communication and negotiation to reach mutually beneficial agreements. They will ensure that all parties involved have their rights protected and their wishes respected.

5. Ensuring Compliance with Ethical Standards

Adoption attorneys are committed to upholding ethical standards in the adoption process. They will ensure that all procedures are conducted ethically and legally, protecting the rights of both adoptive parents and birth parents. By working with an adoption attorney, you can have confidence in the integrity of the adoption process.

Embarking on the journey of adoption is a significant decision that requires careful consideration and guidance. Hiring an adoption attorney will provide you with the expertise, support, and legal representation necessary to navigate the adoption process successfully. From explaining the process and ensuring compliance with legal requirements to representing your interests in court, an adoption attorney plays a pivotal role in making your adoption journey as smooth and stress-free as possible. Take the first step towards building your family through adoption by consulting with a qualified adoption attorney today.

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.

When Does A DUI Become A Felony In Kentucky?…

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Standard penalties for a Kentucky DUI include the following: First offense: Class B misdemeanor, 30 – 120 days license suspension; fine of $200 to $500, incarceration of 48 hours to 30 days. Second offense: Class B misdemeanor, 12 to 18 months license suspension; fine of $350 to $500; incarceration of 7 days to 6 months. Third DUI offense: Class A misdemeanor serves 30 days to 12 months in jail, pay a fine of $500 – $1,000, plus court costs; your license may be revoked from 24 to 36 months, and you may be required to attend DUI School for one year. Fourth DUI offense:  A fourth DUI offense in Kentucky is a Class D felony and involves up to a $10,000 fine and jail time from one to five years. Driver’s license is suspended for 60 months with no hardship license.  As you can see, a DUI is a serious offense and can carry severe penalties. Knowing what to expect when you are charged with drunk driving in Kentucky can help you remain calm and speak with knowledge if you are charged.

Avoid Aggravating Circumstances

The mandatory prison term doubles if one or more aggravating circumstances are present. You also may receive longer prison sentences and harsher penalties.

The list of aggravating circumstances in Kentucky:

  • Traveling 30 miles per hour or more above the posted speed limit
  • Driving in the wrong direction on a limited-access highway
  • Causing a car accident that results in serious physical injury or death
  • Having a blood alcohol concentration of .15 or higher within two hours of driving
  • Refusal to submit to a chemical BAC test
  • Having a child in the car under the age of 12 years

Just one of the above DUI aggravating circumstances is enough to enhance the penalties for a felony DUI charge.

Could Defense Strategies Be Available In Your Case?

A DUI defense attorney would need to investigate the facts and circumstances surrounding your arrest to determine what defense strategy would give you the best chance of avoiding a DUI conviction. Attorneys want to ensure that you are treated fairly. No matter what crime you are charged with, it is important to remember that you still have rights and that you are entitled to due process. This includes ensuring that the arresting officer adhered to all applicable rules and regulations during the arrest.

Potential defenses for a felony DUI charge:

  • Police officers cannot pull you over without reasonable suspicion of a crime. If a police officer did not have reasonable suspicion, the evidence gathered by the police may be inadmissible in court.
  • A false field sobriety test. Each test must be administered according to specific standards and requirements. If the police officer deviated from the standards, the prosecution might not be able to use the results of the sobriety test in court.
  • False readings for blood tests frequently occur based on various factors. Blood draws are considered more invasive than a breathalyzer test, and police must obtain a warrant or valid consent to take a blood sample. It may be possible to challenge the results of a blood test which can lead to a dismissal of your case or a not-guilty verdict. The most common reasons for a positive blood alcohol test include improper calibration of the equipment, administering the test too soon, blood alcohol rising, health conditions and medications, or contamination of the sample.

Seek legal advice as soon as possible after a DUI arrest. Depending on the facts of your case, your DUI charges could be dismissed or reduced. Working directly with the prosecutor may not be in your best interest. The prosecutor wants a conviction, and a good lawyer understands the tactics used by the prosecution to get a conviction. They also understand how to fight DUI charges.

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.

Why Hiring a Family Criminal Lawyer is Essential for Your Criminal Case…

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Dealing with legal matters related to family and criminal law can be overwhelming and emotionally challenging. Whether you are going through a divorce, child custody dispute, or facing criminal charges in the midst of a family law case, it is crucial to have the support and expertise of a qualified family criminal lawyer. In this article, we will discuss the reasons why hiring a family criminal lawyer is essential for navigating these complex legal situations. From their knowledge and experience in both family and criminal law to their ability to provide objective advice and representation, a family criminal lawyer can make a significant difference in the outcome of your case.

Understanding the Complexity of Family and Criminal Law

Family and criminal law cases involve intricate legal procedures and require a deep understanding of both areas of law. By hiring a family criminal lawyer who specializes in these fields, you benefit from their extensive knowledge and experience. They can guide you through the complexities of your case, ensuring that your rights are protected and that you make informed decisions every step of the way. With their expertise, they can assess your options, develop effective strategies, and provide you with the best possible legal representation.

Navigating Highly Contested Family Law Cases with Criminal Legal Matters

When family law cases become intertwined with criminal legal matters, the situation becomes even more complex. A family criminal lawyer has the skills and experience to handle these challenging cases. They understand the potential implications of criminal charges on your divorce, child custody, or other family law matters. Whether you are facing allegations of domestic violence or dealing with a spouse who has been charged with a crime, a family criminal lawyer can provide guidance on how to navigate these overlapping issues and protect your rights and interests.

Expertise in Child Custody and Support Cases

Child custody and support cases are often emotionally charged and highly contested. A family criminal lawyer who specializes in these areas can provide invaluable support and representation. They understand the factors influencing custody decisions and can help you develop a strong case strategy. Additionally, they can advocate for the best interests of your children, ensuring that their financial and emotional needs are met. Whether through negotiation, mediation, or court representation, a family criminal lawyer will work tirelessly to achieve a favorable outcome for you and your children.

Handling Proper Procedure and Paperwork

Legal cases, including those in family and criminal law, involve a significant amount of paperwork and strict procedural requirements. Filing documents accurately and within specified deadlines is crucial to the success of your case. A family criminal lawyer will take care of all the necessary paperwork, ensuring that it is completed correctly and submitted on time. This attention to detail can prevent unnecessary delays or potential dismissal of your case due to procedural errors. By entrusting your legal matters to a skilled lawyer, you can focus on other aspects of your life while knowing that your case is being handled with precision.

Objectivity and Advocacy

Emotions can run high during family and criminal law cases, making it challenging to make objective decisions. A family criminal lawyer serves as a neutral third party who can provide you with objective advice and support. They will analyze your situation, explain the legal implications, and guide you through the decision-making process. With their expertise, they can help you make informed choices that align with your best interests. Additionally, a family criminal lawyer will advocate for you, ensuring that your rights and concerns are effectively communicated and represented in negotiations, mediation, or court proceedings.

Access to a Network of Consultants and Experts

Family criminal lawyers often work with a network of consultants and experts who specialize in various areas related to family and criminal law. These professionals can provide valuable insights and support in complex cases. Whether you need the expertise of a forensic accountant, a child psychologist, or a domestic violence expert, a family criminal lawyer can connect you with the right professionals. This network of consultants can contribute to building a strong case and providing comprehensive legal representation tailored to your unique circumstances.

Experience in Family Court and Alternative Dispute Resolution

Navigating family court requires a deep understanding of the legal system and the dynamics of family law cases. A family criminal lawyer has the experience and knowledge to navigate the complexities of family court proceedings. They can skillfully represent your best interests, present compelling arguments, and handle the challenges that may arise during the litigation process. Moreover, an experienced family criminal lawyer understands the benefits of alternative dispute resolution methods such as mediation or collaborative family law. They can assess whether these approaches are suitable for your case and help you explore options for resolving your legal matters outside of the courtroom.

Cost Savings and Efficiency

Hiring a family criminal lawyer can actually save you money in the long run. By having one lawyer handle both your family and criminal law matters, you eliminate the need for separate legal representation. This streamlines the process and reduces potential duplication of efforts. Your lawyer can efficiently handle the preparation work, communicate with witnesses, and ensure that your case progresses smoothly. Additionally, a family criminal lawyer’s expertise and negotiation skills can help achieve favorable outcomes without the need for protracted litigation. This can save you both time and money, allowing you to move forward with your life more quickly.

When it comes to family and criminal law cases, hiring a family criminal lawyer is essential for navigating the complex legal terrain. Their expertise in both areas of law, combined with their objectivity, advocacy skills, and access to a network of consultants, can significantly impact the outcome of your case. From child custody disputes to handling proper procedure and paperwork, a family criminal lawyer provides invaluable support and guidance throughout the legal process. By entrusting your legal matters to a skilled and experienced professional, you can have confidence that your rights and interests are protected, allowing you to focus on rebuilding your life.

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.

What Happens Next If You Are Arrested In Kentucky For Drug Possession?…

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If you were arrested surely it was a very traumatic experience. Especially if this is the very first time you have ever been arrested. Kentucky has very strict laws related to controlled substances. Illegal possession of a controlled substance occurs whenever a person owns or otherwise possesses a drug or other controlled substance, without legal justification or permission. These charges usually apply when a person is found carrying marijuana, cocaine, methamphetamines, or other narcotics. To convict someone of illegal possession of a controlled substance, the prosecutor must prove the defendant knowingly possessed the drug. If you were arrested, understanding what happens next could help you avoid mistakes resulting in a harsher sentence. Talking to a drug crime attorney about your charges, whether innocent or guilty, is the best thing to protect your freedom rights.

What Is The Process After You Have Been Arrested For Drug Possession?

After you have been arrested for drug possession, you will be taken to the police station, where processing occurs. Once processing is complete, you will be put in jail. The next step is an arraignment hearing. This is when you are told your rights and receive the bail amount for your situation. An arrest is not a guilty verdict. You should not admit to anything or talk to the police. You should ask for your telephone call. Use that call to call your defense attorney or if you do not know a defense attorney call someone who can find a lawyer for you. If you cannot afford an attorney, request that the court appoint a defense attorney for you. Next will come your arraignment. At the arraignment, the judge will read the charge of drug possession against you and tell you your legal rights. At this time, you can ask about bail. The judge may or may not grant bail – it will depend on the charges against you. If you are granted bail and you can post bond, you will be released from jail pending the resolution of your case.

What Happens If I’m Caught With Drugs But Not Charged At That Moment By The Police?

Make sure to respond in a respectful and direct manner. Resisting arrest or disrespecting law enforcement can lead to increased charges or additional legal issues. If you’ve been caught with drugs but not charged yet, you’ll want to avoid making the situation worse. Felony drug charges do not have a statute of limitation. You can be charged at any time. Misdemeanor drug charges generally must be filed within one year of the crime being committed.

Drugs In Prison Are More Common Than Many Of Us Believe

If you are incarcerated and in jail, beware that you can face the same drug charges and penalties for possession in jail as you would if you’re caught outside of jail. Time could be added to your sentence and penalties could make life in jail much more difficult for you during your time in jail.

You Should Consider Any Drug Possession In Kentucky As A Serious Matter

Drug possession is a severe charge. Believing you can outsmart the police or that your privilege or clean record can help you is a huge mistake. Here are some do’s and don’ts for you to consider:

DO

  • Stay calm: Whatever happens, it is recommended that you never allow your emotions to get the better of you.
  • Be respectful: If you act combative or uncooperative, you might get yourself in additional trouble. As much as possible, always be polite and respectful.
  • Hire a criminal defense attorney: Drug possession is a severe charge. Get in touch with a qualified criminal defense attorney right away.

DO NOT

  • Eat your Drugs: A possible misdemeanor case can quickly turn into a felony if you attempt to destroy or hide evidence. Tampering, destroying, or hiding evidence has serious legal consequences, and it’s definitely the last thing you need. It may be your first thought, but this is a massive mistake that you shouldn’t even attempt.
  • Never try to talk your way out of being arrested.
  • The officers may want you to sign a statement; however, you will not want to sign anything.

Drug possession charges in Kentucky are serious and you won’t want to face criminal charges for controlled substances alone.

 

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.

Arrest Warrants – What Happens To You If You Commit A Crime In Another State But Now Live In Kentucky?…

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You can be arrested in Kentucky for a crime you committed in another state or on an out-of-state warrant for arrest. If you are arrested on an out-of-state arrest warrant, the sooner you seek legal counsel from an experienced criminal defense lawyer, the better.

What Is A Warrant?

A warrant is issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual’s property. It generally has your name and the information about the charges against you. There are three primary types of warrants that are commonly issued. In all cases, the police or the District Attorney must first have probable cause before they can request a warrant from a judge.

  • Arrest Warrants: Arrest warrants can be issued for a variety of crimes, including misdemeanors and felonies. It is rare when an individual knows that there is a warrant out for their arrest. Typically, they find out when the police come knocking on their door or show up at their place of employment. Once found, the police will take you into custody.
  • Bench Warrants: A bench warrant means a judge has issued an order for a defendant’s arrest. Often, the person on whom the warrant is issued has already been charged with a crime but did not appear in court on the designated court date to face charges. This is known as a bench warrant for failure to appear. But a judge can issue a bench warrant anytime a person violates the rules of the court. If you discover you have a bench warrant out, it is a good idea to get a lawyer and turn yourself in as soon as possible. Some people believe they can evade a bench warrant, but those people are almost always wrong.
  • Search Warrants: Search warrants are issued when the police or DA have probable cause that they would find evidence of a crime if a search was conducted. Police cannot search you, your vehicle, your home, or your business without a valid warrant. Search warrants can be issued for a variety of reasons and for a variety of crimes.

Can One State See A Warrant From Another State?

When an arrest warrant is issued, the warrant is entered into a searchable database. Kentucky police officers can have access to the database. So let’s say you have a drug charge in another state, you could be arrested in Kentucky on that warrant. Even if you are arrested in another state for any reason, the police will likely see the out-of-state warrant. If this happens, the state where you were initially charged will typically hold a court hearing wherein they prove you are the individual in the out-of-state warrant.

Extradition After A Warrant Is Discovered

If the active warrant is for a felony offense, the police officers will most likely extradite you back to the state where the warrant was issued. Then, you will be brought into custody and await the next steps for a trial. You will most likely not be extradited for a misdemeanor offense warrant unless it is a sex offense. Instead, the misdemeanor warrant can usually be handled quickly with the help of a defense attorney. If the warrant is a bench warrant, you may or may not be extradited and set to appear in front of the judge. In any case, an out-of-state officer who discovers your warrant has the right to arrest you.

Does An Arrest Warrant Ever Expire?

Warrants do not expire after a certain period of time like many hope. Likewise, there is no statute of limitations applicable to one being arrested on a warrant. The warrant must be resolved by your arrest or by a judge dismissing the warrant. You can surrender yourself to law enforcement officials to resolve the arrest warrant.

How To Discover If You Have An Arrest Warrant In The United States

U.S. residents can determine if they have existing warrants in the country by conducting a warrant search.

There are several ways to run this search:

  1. Request a criminal history record (also called an Identity History Summary Check).
  2. Search federal court records using the Public Access to Court Electronic Records (PACER) service.
  3. Search a state’s court website.
  4. Search a local law enforcement’s official website.

You could contact the local police station to inquire about an arrest warrant. Just remember you could be questioned, and the police may locate you to execute the arrest warrant. You may also check with a bail bond agent to see what they charge for a warrant search. Hiring a criminal defense lawyer may be the best and safest way to determine if you do indeed have an outstanding warrant for your arrest.

Why Do I Need A Criminal Defense Lawyer If I Have An Out-Of-State Warrant?

Ignoring the warrant could lead to you being arrested at work, in public, or at an inconvenient time. Hiring an attorney is likely the simplest, easiest way to clear a warrant. An out-of-state felony arrest warrant typically authorizes law enforcement personnel to arrest you in your home state. Depending on the seriousness of the felony offense, the police may even work with officers in your home state to locate you and facilitate the arrest.

If there is a warrant, legal counsel can help you try and:

  • Clear the warrant (for example by securing a court date/court order or making a court appearance)
  • Work with the authorities to comply with it.

After the arrest, your criminal attorney will work to resolve the charges against you. If you decide to plead guilty, your lawyer can work with the prosecutor in the other state to possibly arrange for you to serve your sentence in Kentucky instead of going back to the other state.

An arrest warrant is a serious matter. Do not ignore the warrant in hopes that it will go away in time as it will never go away.

 

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.

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 a 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…

Posted by Grubbs & Landry on

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…

Posted by Grubbs & Landry on

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 Used 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