Whether they are on duty or off duty, police officers must obey the law. When police officers break the law, they can be punished just like you if you commit a crime. Courts have held police officers accountable for their wrongdoing, misconduct, and illegal acts. If a police officer is guilty of domestic violence, hit and run, or any other crime, a judge can sentence the officer to the same punishments as you face. The officer can serve time in prison, pay fines, and be on probation. Some of the actions that police officers take during the course of their jobs may be considered illegal, if those actions violate your civil rights.
An Arrest Cannot Be Made Without Probable Cause
The definition of Probable cause means that a police officer 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. It is also enough for a police officer to make an arrest if he sees a crime being committed. police officers cannot abuse their power to arrest individuals without cause. But some officers misuse arrests for various reasons.
If the officer does not have probable cause to believe a crime had been committed, the officer violates the person’s Fourth Amendment rights. False arrests can also violate a person’s Fourteenth Amendment right of due process and the person’s Eighth Amendment right not to be subject to cruel or unusual punishment.
What If An Arrest is Made Without Cause?
If a police officer arrests a person without cause, any evidence obtained pursuant to the wrongful arrest is inadmissible in court. If you were charged with a crime, you can file a motion to exclude evidence obtained from the false arrest. This motion is filed with the court in your criminal case. Any criminal evidence found because of the wrongful arrest can get thrown out. Without that evidence, there may not be a valid case against the person. In Kentucky, if your civil rights have been violated during an instance of alleged wrongful arrest or detainment, you may be entitled to sue. You can sue to receive financial compensation for any damages you incurred, such as hospital bills, lost wages, and pain and suffering. You also can file a suit to hold a law enforcement agent accountable for the injustice committed against you or a lack of “probable cause” in the arrest.
Individuals need to understand their legal rights when interacting with police officers. First and foremost showing a little respect will go a long way when you’re talking with the police. However, be aware of your civil rights. Police actions that constitute a breach of civil rights. In addition to false arrests, there is a long list of things that police cannot do legally while performing their jobs. Individuals need to understand their legal rights when interacting with police officers.
Here are a few examples:
They must have a warrant or probable cause before they can conduct a search and seizure.
They must have probable cause before they can stop a vehicle.
If evidence is in plain view, they can search a vehicle or person without consent or a search warrant.
They are not allowed to say they have a search warrant if they do not. They cannot lie about how the legal system works.
They cannot bribe or intimidate to obtain a confession.
Surveillance abuse, planting evidence, racial profiling, excessive force, corruption, false imprisonment, and assault are just a few more examples of illegal acts committed by police officers.
If you believe your Constitutional rights were violated or a police officer is guilty of misconduct, contact a criminal defense attorney. Being falsely accused of committing a crime can be devastating. For many, being falsely accused of a crime takes a toll emotionally and physically. After being falsely arrested, it is a natural response to try to fight back and defend yourself. However, defending yourself and responding to false arrest in a rash and angry way can hurt your case.
If you are arrested, remain silent except for asking for an attorney. A criminal defense attorney can help you determine if the police did anything illegal. Your attorney also assists you in formulating a defense strategy that may result in a dismissal of charges and compensation for damages if the police officer is guilty of misconduct or wrongdoing.
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.
Police misconduct during traffic stops is a serious issue that can have far-reaching consequences for individuals and communities. While police officers play a vital role in maintaining public order and safety, instances of misconduct can lead to violations of civil rights, physical harm, and erosion of trust between law enforcement and the public. In this article, we will explore the various forms of police misconduct during traffic stops, the impact it can have on individuals, and the available remedies and solutions to address this issue.
Understanding Police Misconduct during Traffic Stops
Unlawful Stops: Violations of Probable Cause
One of the key elements of police misconduct during traffic stops is the violation of probable cause. According to the law, officers must have a valid reason to believe that a driver has violated the motor vehicle code or is engaged in criminal activity in order to initiate a traffic stop. Failure to meet this requirement can result in wrongful stops, where individuals may face unwarranted charges and potential violations of their constitutional rights. It is crucial to ensure that officers have legitimate grounds for stopping a motorist to prevent abuse of power and safeguard individual liberties.
Unreasonable Detention: Violations of Time Limits
Another form of police misconduct during traffic stops is the unreasonable detention of individuals. The law prohibits police from holding a driver for longer than necessary, beyond the time required to address the initial reason for the stop. If officers unnecessarily prolong a traffic stop, such as waiting for a K-9 unit to arrive for a seat belt violation, it can be seen as a violation of an individual’s rights. By exceeding time limits, officers not only infringe upon personal freedom but also risk the dismissal of any evidence collected during the extended detention.
Unlawful Searches: Violations of Privacy Rights
The search of a vehicle during a traffic stop must adhere to certain legal requirements to be considered lawful. Police officers generally need either the driver’s consent or a warrant to conduct a search. However, there are limited circumstances in which a warrantless search may be permissible, such as when officers have probable cause to believe they see evidence of criminal activity in plain view. When officers conduct searches without proper consent or a valid warrant, any evidence obtained may be deemed inadmissible in court. Unlawful searches infringe upon an individual’s right to privacy and undermine the integrity of the criminal justice system.
Highway Interdiction: A Troubling Practice
There have been reports of police officers engaging in a practice known as highway interdiction. This tactic involves officers casting a wide net and stopping drivers for any reason, with the intention of investigating them for drug offenses. While the goal may be to combat drug crimes, scrutiny of these stops has revealed a significant number of illegal stops that were ultimately dismissed. Highway interdiction raises concerns about racial profiling, abuse of power, and the erosion of trust between law enforcement and the community.
The Impact of Police Misconduct during Traffic Stops
The impact of police misconduct during traffic stops extends beyond the individuals directly involved. It can have far-reaching consequences for communities and the criminal justice system as a whole. Some of the key impacts include:
Violation of Civil Rights
Police misconduct during traffic stops can result in the violation of individuals’ civil rights. Unlawful stops, unreasonable detentions, and unlawful searches infringe upon the rights guaranteed by the Constitution, such as the Fourth Amendment protection against unreasonable searches and seizures. These violations erode trust in law enforcement and can have a lasting impact on an individual’s perception of the justice system.
Disproportionate Impact on Marginalized Communities
There is evidence to suggest that certain communities, particularly marginalized and minority groups, are disproportionately affected by police misconduct during traffic stops. Racial profiling and discriminatory practices can result in higher rates of unwarranted stops, searches, and arrests. This not only perpetuates systemic inequalities but also undermines the principles of fairness and justice.
Erosion of Trust and Community-Police Relations
Instances of police misconduct during traffic stops contribute to a breakdown in trust between law enforcement and the community. When individuals experience unjust treatment at the hands of the police, it creates a sense of fear, resentment, and alienation. This lack of trust hinders effective community policing efforts and cooperation, making it harder to address crime and maintain public safety.
Burden on the Criminal Justice System
Police misconduct during traffic stops can place an additional burden on the criminal justice system. Wrongful stops and violations of individuals’ rights can lead to the dismissal of charges and the exclusion of evidence. This not only wastes valuable resources but also undermines the credibility and effectiveness of the justice system. It is essential to address police misconduct to ensure the integrity and fairness of the criminal justice process.
Remedies and Solutions to Address Police Misconduct during Traffic Stops
Addressing police misconduct during traffic stops requires a multi-faceted approach involving legal remedies, policy reforms, and community action. Here are some of the remedies and solutions that can help address this issue:
Legal Remedies: Exclusionary Rule and Criminal Charges
Legal remedies play a crucial role in deterring and penalizing police misconduct during traffic stops. The exclusionary rule allows defendants to request the exclusion of illegally obtained evidence in criminal court. This rule incentivizes officers to act lawfully and encourages police departments to provide adequate training in constitutional rights. Additionally, criminal charges can be filed against officers who engage in misconduct, ensuring accountability and potentially resulting in incarceration, fines, and removal from the job.
Civil Lawsuits: Section 1983 and Structural Reform
Civil lawsuits provide another avenue for seeking justice and accountability for police misconduct during traffic stops. Under the Civil Rights Act of 1871, victims can sue both the offending officer and the department. Section 1983 lawsuits allow victims to seek monetary damages for their injuries, serving as a deterrent against misconduct. In cases where a department exhibits a pattern of misconduct, courts may order structural reforms to improve department policies, practices, and training.
Administrative Remedies: License Revocation and Citizen Review Boards
Administrative remedies can be imposed by state agencies, police departments, municipalities, or citizen review boards. License revocation is a powerful tool to hold officers accountable for serious misconduct, preventing them from working as police officers. Internal affairs investigations within police departments can address allegations of misconduct and impose disciplinary actions if necessary. Citizen review or oversight boards provide an independent mechanism for investigating alleged misconduct, enhancing transparency, and strengthening public accountability.
Policy Reforms: Policymaking Changes and Community Action
Policy reforms are essential to deter police misconduct during traffic stops. Policymakers at the federal, state, and local levels can enact changes that remove legal obstacles to holding officers accountable, require training in de-escalation tactics and cultural sensitivity, mandate body camera use, and allocate resources based on community needs. Community action, such as attending rallies, participating in marches, and reporting misconduct, can also bring about change by raising awareness and demanding accountability.
Police misconduct during traffic stops is a significant issue that demands attention and action. Unlawful stops, unreasonable detentions, and unlawful searches violate individuals’ rights, disproportionately impact marginalized communities, erode trust, and burden the criminal justice system. By implementing legal remedies, pursuing civil lawsuits, employing administrative solutions, and enacting policy reforms, we can begin to address this problem. It is crucial to work collectively to ensure fairness, justice, and respect for the rights of all individuals during traffic stops and beyond.
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.
Moral Turpitude is a phrase that describes wicked, deviant behavior constituting an immoral, unethical, or unjust departure from ordinary social standards. If you’re charged with a crime – either a misdemeanor or a felony – having the words “crime of moral turpitude” attached to it can mean serious consequences. Some activities are criminalized due to their tendency to disturb the peace, create a public nuisance, or threaten a sense of public morality. These crimes include disorderly conduct, rioting, public indecency, vagrancy and loitering, gang activity, prostitution and solicitation, obscenity, and cruelty to animals. Although they’re not easily understood, crimes of moral turpitude can have long-lasting impacts on a person’s life. This is especially true if you hold a professional license or are an immigrant.
What is Moral Turpitude?
Moral Turpitude are Crimes of which are in general, shameful wickedness – so extreme a departure from ordinary standards of honesty, good morals, justice, or ethics as to be shocking to the moral sense of the community. If there is confusion over whether or not to use the “crime of moral turpitude” term with offenses, a judge or jury will typically consider the person’s state of mind or intent at the time of the crime.
Are Any Crimes, Not crimes Involving Moral Turpitude?
Not all crimes are classified as crimes involving moral turpitude. There have been many times when courts have determined that particular crimes do not rise to the level of depravity or evilness that’s inherent in a crime involving moral turpitude. These crimes typically won’t be classified as a crime involving moral turpitude unless the offense involves certain aggravating facts. A crime involving moral turpitude is not a specific offense. Instead, it’s a classification that can be assigned to a crime. This means that a crime that’s classified as a crime involving moral turpitude in one case may not be classified as a crime involving moral turpitude in another case. In short, a crime of moral turpitude is up to the courts to decide.
What Are the Consequences of a Convicted Crime of Moral Turpitude?
Crimes involving moral turpitude carry additional consequences that can be quite devastating. In addition to typical criminal penalties, you can also face consequences involving immigration, employment, and your reputation. Because crimes of moral turpitude are actually a reflection of your integrity and your ability, to tell the truth, a conviction for such a crime can have a serious impact on your life. If you are convicted of moral turpitude it will affect your:
Employment – If your job requires you to have a professional license, a crime of moral turpitude conviction could place it in jeopardy. Often, the professional boards that issue the licenses will impose either suspension or revocation for crimes of moral turpitude.
Witness Credibility -If you are ever called a witness in a court case, your credibility will definitely be doubted by the opposing attorney because of a previous conviction for a crime of moral turpitude.
Immigration-Convictions for crimes of moral turpitude can have a significant impact on a person’s immigration status. The Immigration Act of 1917 first made it the law to deport people for committing crimes of moral turpitude. The Immigration and Nationality Act of 1952 then allowed for the exclusion of people entering the county based on such crimes. Today, an immigrant already living in the U.S. or seeking to enter the country could face the real possibility of deportation or be ruled inadmissible because of such a conviction. There is, however, a “petty offense exception” related to deportation or denial of admission to the country. If there is just one offense and the maximum sentence does not last for more than a year, the crime will most likely not result in deportation or denial of admission.
Although being charged with any crime is a serious issue, a conviction for a crime of moral turpitude can lead to life-altering results for your professional and personal life. Because of the vagueness and complexity of the term, a skilled criminal defense attorney often negotiates with prosecutors for a plea to a lesser crime – one that doesn’t include moral turpitude – or to have the charges reduced or dropped altogether. Your best option after being charged is to speak with a criminal defense attorney.
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.
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.
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.
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:
Request a criminal history record (also called an Identity History Summary Check).
Search federal court records using the Public Access to Court Electronic Records (PACER) service.
Search a state’s court website.
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.
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.
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.
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.
If you are facing criminal charges, you are probably worried about how they might impact your future– you know you have quite a bit to lose. Being formally convicted brings about the possibility of severe consequences, like fines, time in jail or prison, and so much more. You also risk the loss of your reputation, especially when the charges before you involve violence. This can change your entire future; it’s a lot to take in. The most common charges associated with acts of violence are assault and battery. While these seem to go hand in hand, they are two distinct charges. You might be able to benefit from learning as much as possible about these charges as you decide what your next move will be. How you choose to confront these charges can offer you an opportunity to fight for your future and potentially mitigate some of the penalties that might be on the forefront.
Understanding The Differences Between The Charges
Assault and battery are two distinct criminal charges that most often involve a physical act when one individual caused harm to another. Perhaps the most important element to distinguish one from the other is intent which can be hard to prove beyond reasonable doubt.
Assault – Occurs when one person causes or attempts to cause injury to someone else. You can face assault charges even if there was no direct physical contact. To prove assault, the prosecution typically has to prove general intent.
Battery – Happens when a person purposely harms, threatens, or has offensive contact with another person without their consent. It is not necessary for the prosecution to prove intent during a battery hearing.
Working through the Kentucky criminal justice system can be complicated and confusing. It is beneficial for you to understand what you are facing so that you can adequately prepare an effective defense strategy for your case.
What Do You Have To Lose?
Your future. Your livelihood. Your reputation. Everything. Facing assault and battery charges can be detrimental to your future and a conviction or guilty plea are NOT your only options. If you want to protect your future and possibly avoid being convicted, take action as soon as you learn about an investigation or are arrested. Educate yourself on what defense options are available to you.
Want a team you can trust to work for you and get you the best possible result for your case? We offer personal and friendly service that is cost-effective. Let our team be the advocates you need to get through this matter.
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.
