Category: Auto Accidents

What Is Criminal Trespassing In Kentucky?

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!

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.

Who Is Held Liable When You Have An Accident With a Trucking Company Driver?

As the trucker’s employer, the trucking company (also known as a carrier) may bear legal responsibility for the truck drivers’ actions, as well as for the safety of the trucks it owns. A car in a wreck with a commercial truck can be devastating for those in the car. If you are fortunate enough to survive you may deal with severe injuries that could require long-term care. The long-term care can be very expensive. The legal action against the truck driver may not provide victims and their families with enough compensation to cover the expenses. In many cases, the company that owns the truck bears some responsibility and liability for the accident. These trucking companies must comply with state and federal laws to keep everyone on the road safe. If they violate these laws, then they can be held liable. A few of these laws are listed below.

What Is A Commercial Driver’s License (CDL)?

A commercial driver’s license (CDL) is a driver’s license that is required to operate large, heavy, or placarded hazardous material vehicles in the United States in commerce. There are several different types of commercial motor vehicles (CMVs) that require a driver to hold a valid commercial driver’s license. Drivers need to have the appropriate license to operate the truck they’re driving.

Quality Management Focused On Maintenance And Repair

FMCSA (Federal Motor Carrier Safety Administration) is the lead federal government agency responsible for regulating and providing safety oversight of commercial motor vehicles (CMVs), including more than 500,000 commercial trucking companies, more than 4,000 interstate bus companies, and more than four million commercial driver’s license (CDL) holders. Companies need to abide by the laws. If a commercial truck has not undergone regular maintenance and check-ups or does not have the proper safety equipment and causes a crash, the company that owns the truck is held liable.

Why Must Trucks Have Weight Restrictions?

There are a few reasons that trucks have weight limitations on roads and need to be properly weighed. The main reason is safety. The maximum tandem axle weight is the weight allowed on any tandem axle. Most weigh stations force drivers to “shut down” their operation if a truck weighs more than 6,000 pounds over maximum gross weight. The maximum weight of the cargo on a truck is based on its size. A truck that is over its weight limit or not weighted as required can be a liability for the truck owner.

In nearly all truck accidents resulting in injury or significant material damage, it is worth getting a lawyer to help with your accident claim. This is especially true if your car accident resulted in serious and/or debilitating bodily injury. Keep in mind that hiring a lawyer does not mean going to court. A good lawyer will make it easy for you to understand what they will do to help you with your case.

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.

Tips for Proving Liability If You Are Injured In an Automobile Accident…

If the accident wasn’t your fault, having an official police report will help you hold the other driver accountable for damages and repair costs. Don’t try to work out reparations with the other driver on your own, even if the other driver doesn’t want to involve the police or insurance companies. When a car accident leads to serious injuries for drivers and passengers, and the damage to the vehicles involved, the memory of that incident can linger for years if not decades. When another party caused the accident you were involved in, there may come a time when you need to focus on proving liability.

Proving Liability After a Car Accident

You may have to be involved in a personal injury lawsuit and prove the following…

  • The driver had a duty to exercise reasonable caution on the road.
  • The driver was negligent and did not fulfill that duty to exercise reasonable care when driving.
  • The driver’s negligence was the cause of the wreck.

Many may think this is a simple concept, but in some cases, the facts may not be as clear as we would like. Those immediate facts gathered after the accident are crucial.

Gathering the Facts

A police officer’s detailed impressions and the information from those involved and by a few witnesses can be one of the most important pieces of information that lead to the car accident. Also if there are any photographs of the accident scene that would be significant. Medical records can also be vastly important. Proving liability in the personal injury lawsuit based on the car accident information is the same as all legal cases… evidence.

What Does No-Fault Mean?

In Kentucky a no-fault state, each driver turns to their auto insurance for coverage for medical expenses no matter who caused the crash The guiding principle of no-fault law is that all drivers are required by law to insure themselves against potential injuries and damages caused by an auto accident. As a result, if you have been injured in an auto accident in a no-fault state, your first and legally preferred source of recovery is your own insurance company.

When Can You File Suit?

Only if certain statutorily specified conditions are met, may you file suit against another party in an attempt to recover damages. No-fault states have instituted an economic threshold for bringing suit. They cap the amount of money your insurance company is obligated to pay, and if your economic damages exceed (or most likely will exceed) the cap, you may file suit to recover from another party. Economic thresholds are far easier to analyze and estimate than physical injury thresholds. While no-fault laws are restrictive, they do serve a purpose. If you sustain minor injuries or simply total your vehicle with no injury at all, you are covered by your own insurance. An insurance claim is usually far less adversarial than a lawsuit. You can only step outside the no-fault system — and file a liability claim or lawsuit against the at-fault driver — if your accident resulted in “serious injuries.”

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.
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Many Times Insurance Companies Want to Settle Your Case. See Why That’s Not Always a Good Idea For You…

When an insurance company offers you a settlement, they are essentially acknowledging their client’s fault in the accident. They want you to settle to avoid litigation or going to court. Insurance companies usually do not want to get legal help involved, If you get a call from them before you have contacted your lawyer absolutely tell them you want to consult with an attorney before agreeing to settle a case. If the injuries are sustained in any kind of collision, and whether the injuries appear minor or resulted in a fatality, broken bones, paralysis, or other injuries, you should talk to an attorney before talking to an insurance agent or adjuster about the facts of the case.

The Insurer’s Goal

Insurance companies are not on your side. their goal is to pay an injured person as little as possible. Never allow an adjuster to bully you to try to convince you and make you agree to a damaging statement. The most important rule to follow when notifying your insurance company about a crash is to keep it simple.

You can tell the insurance representative…

  • There was a crash
  • Where the crash happened
  • Whether your car was damaged

Saying much more than the bare minimum can do more harm than good in your situation, although it pays to read the insurance policy to confirm that you are not legally obligated to provide more information. Leave it up to them to dispatch a claims adjuster to examine the scene and conduct an investigation.

The Problem With a Money Offer

Sometimes insurance adjusters offer a sum of money immediately after an accident offering to settle your personal injury case. Usually, it is far less than your case may be worth. The full extent of your personal injuries may not be known until many many months or up to a year after an accident. If you accept a settlement in exchange for waiving your claims, you may give up your right to pursue compensation even where your injuries turn out to be very serious. You may be waiving your right to file a claim under your health insurance policy that you aren’t even aware of.

How a Personal Injury Attorney Can Help

A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages, pain, and suffering, and provide compensation for injuries suffered. Personal injury lawyers are expected to follow strict set principles of legal ethics when working with their clients. A personal injury attorney is familiar with many different kinds of injuries and evaluations of what a case is reasonably worth. Most people want to be polite and helpful in interacting with others. However, talking to an insurance adjuster without the participation of an attorney is not advisable. Finally, the simple act of having legal representation can make your insurance company take your claim more seriously. When they learn that you have hired a lawyer, they will know that they cannot roll over your interests and are more likely to make a higher initial offer that is closer to what you really deserve.

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.
>> Learn More