Criminal Defense Frequently Asked Questions of
Louisville, Kentucky Criminal Defense Lawyer Nicholas W. Carlin
The following information includes frequently asked criminal defense questions. The answers stated are general in nature and are not intended to apply to every criminal defense situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Louisville, Kentucky criminal defense lawyer Nicholas W. Carlin, you can receive a personal consultation regarding your specific criminal defense case.
What should I do if I am arrested for drunk driving (DWI) in Kentucky?
Kentucky Revised Statute 189A.010 prohibits driving a motor vehicle with an alcohol concentration of or above .08, or while under the influence of alcohol or other substance which impairs driving ability. Persons under age 21 are prohibited from driving with an alcohol concentration of or above .02. The penalties depend on how many DWI convictions you have had in the last five years. The jail sentences and fines increase with the number of such prior convictions.
There are three basic things you can do to help yourself if you are arrested for DWI:
- Should you submit to questioning by the police? The answer is a definite no. No!
- Should you submit to the blood, breath or urine tests which measure alcohol? In most cases, you should submit.
- Hire an experienced attorney specializing in DUI law.
A person arrested for DWI is required to submit to all blood, breath or urine tests under KRS 189A.103. He has no option of picking which tests will be performed. If he refuses requested tests, his driver’s license will be suspended in arraignment court. A refuser, if convicted of DWI, is subject to a mandatory jail sentence twice as long as the mandatory minimum jail sentence imposed if he submits to the tests. Further, he is unable to obtain a hardship license. There is no constitutional right to refuse the requested tests. KRS.189A.107 provides a hearing to suspend the driving license for refusal even in cases where he is not convicted of DWI.
Can police officers use force to arrest me?
A police officer may use as much force as necessary for a criminal arrest, as long as it is reasonable and lawful. After an arrest is made, a police officer may apply handcuffs to a defendant if the officer thinks that it is necessary to prevent injury or escape. If the defendant claims an unlawful application of force was used by the arresting officer, a judge will hear the defendant's argument and decide whether or not the force used was reasonable for the circumstances. If you believe the police violated procedures when arresting you, call Louisville, Kentucky criminal defense lawyer Nicholas W. Carlin to defend your rights.
Will I be fingerprinted or have to be in a line-up?
If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense, and/or to have samples of your hair taken. However, you may insist that an attorney be present during this time. When you have been arrested, the sooner you have a lawyer protecting your rights, the better. Call Louisville, Kentucky criminal defense Attorney Nicholas W. Carlin right away.
Bail is money or other property that is deposited with the court in order to ensure that the person accused returns to court when he or she is required to do so. However, if the defendant does not come to court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned. If you are having trouble getting an appropriate bail amount after you have been arrested in a criminal case, call Louisville, Kentucky criminal defense lawyer Nicholas W. Carlin today for skilled representation and legal advice.
What happens during a bail hearing?
Upon arrest, the accused appears before a magistrate or judge for a violation of a criminal law. The magistrate or judge will conduct a pre-trial bail hearing resulting in four possible results:
- Recognizance - This is the defendant’s written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit or security by property or professional bondsman is required.
- Unsecured Bond - This release, pending court appearance, is based on the defendant’s written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if she or he does not appear in court on the date set.
- Secured Bond - This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.
- Ineligible for Bail - The defendant is denied a release pending court appearance.
The bail decision may be appealed to a judge who will re-examine the evidence. A violation of any agreement of release pending court appearance can result in the issuance of an "Order to Show Cause" why the release should not be revoked.
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can’t afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.
Felonies are considered the most serious types of crimes, and each state has different punishments for these offenses. A standard definition of a felony is any crime punishable by more than one year in prison or by death for capital offenses like first-degree murder. Unlike misdemeanors, defendants convicted of felonies serve their sentences in a state or federal prison rather than a local, city or county jail. Additional criminal procedures apply with felonies, and the right to a court-appointed lawyer if the defendant can’t afford one is one of the rights guaranteed in felony cases. Also, whether or not the defendant has to appear in court for various parts of the criminal justice process also depends on whether or not he or she is being charged with a felony.
A person convicted of a felony will usually have more restrictions on their rights (collateral consequences) than a person convicted of a misdemeanor. For example, in many jurisdictions, convicted felons cannot serve on juries. They may also lose their right to vote or to practice certain professions, such as lawyer or teacher. Felons may also be prohibited from owning guns or serving in the military, and they may also have to register as an offender (e.g., sex offender, narcotics offender).
TAKE ACTION TO PROTECT YOUR RIGHTS:
If you or a loved one has been arrested or charged with a crime in Louisville, Kentucky or within the surrounding cities and counties of Kentucky and need the help of an experienced criminal defense lawyer, call Attorney Nicholas W. Carlin today at 866-435-3855, or complete the contact form provided on this site to begin your consultation with a dedicated Louisville, Kentucky criminal defense trial attorney.
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