Louisville, Kentucky Criminal Defense Lawyer Nicholas W. Carlin
Practice Areas and Legal Definitions
Kentucky laws and procedures related to criminal defense are complicated and require a skilled criminal defense lawyer to properly navigate through the process. criminal defense Attorney Nicholas W. Carlin fights for the rights of alleged criminal defense offenders in Louisville, Kentucky, and within the surrounding Kentucky cities and counties. Attorney Nicholas W. Carlin delivers personalized attention to his clients by keeping case information detailed and accessible and provides exceptional criminal defense legal solutions related to the following matters:
“DUI” stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control of, a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their Blood Alcohol Content is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender’s expense) of a car ignition locking device.In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities.
However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge. For more information, please contact Louisville, Kentucky DUI lawyer Nicholas W. Carlin.
KENTUCKY DRUGS AND NARCOTICS CHARGES:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs. Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine) and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom. That is why it is important to call Louisville, Kentucky drug charge defense Attorney Nicholas W. Carlin as soon as you have been arrested, to stand up for your rights and protect your future.
Traffic violations are specifically addressed in state statutes and can include: driving with a suspended license, driving without insurance, leaving the scene of an accident, DMV hearings and appeals. There is an entire body of law that regulates the operation of motor vehicles on the streets and highways. The laws related to operating a vehicle can be difficult to interpret and apply. It is important to contact an experienced traffic/DUI defense lawyer if you have been charged with any traffic violations. Violations on your driving record can affect your eligibility for a Commercial Drivers License (CDL) as well as insurance premiums and your ability to get certain types of employment.
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasions, or bad checks are often referred to as “white collar” offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life. Call Louisville, Kentucky white collar crime Attorney Nicholas W. Carlin today.
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggregated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.
Sex crimes include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies or require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. The long-term consequences of a conviction for a sex offense on your record can be devastating. However, alleged sexual offenders still have rights in the court system. For a strong defense when you need it most, call Louisville, Kentucky sex crimes defense lawyer Nicholas W. Carlin today.
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.
KENTUCKY SERIOUS VIOLENT CRIMES AND MURDER:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts, or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: Aggravated Assault, Arson, Assault and Battery, Domestic Violence, Hate Crimes, Homicide, Larceny, Rape, Manslaughter and Murder.
One of the most serious areas of violent crime is Homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter. When the criminal charges against you are serious, call Louisville, Kentucky criminal defense lawyer Nicholas W. Carlin as soon as you have been arrested.
FEDERAL CRIMES IN KENTUCKY DISTRICT COURTS:
Louisville, Kentucky federal crimes defense lawyer Nicholas W. Carlin is ready and available to provide legal advice and representation for you when you are charged with one or more federal crimes. The federal criminal code (set forth mainly in Title 18 of the United States code) contains over 120 categories of crimes, organized by subject matter. Additional federal codes contain other criminal prohibitions. Title 18 also contains the federal rules of criminal procedure, which set forth the rules which govern the handling of criminal cases from start to finish. Criminal laws have been increasingly "federalized." More and more are offenses subject to federal prosecution.
If the crime with which you are being charged violates federal law, as opposed to state law, or the crime took place on federal property or in a federal building (like a U.S. Postal Office), the case will be referred to the federal courts for prosecution. If the crime with which you are charged violates both state and federal laws, it could potentially be prosecuted in either (or both) jurisdictions without violating the constitutional prohibition against double jeopardy.
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.
Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.
It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.
What to bring to a consultation:
- A copy of all papers pertaining to your arrest(s);
- A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
- A copy of any report pertaining to the completion of any probationary or diversionary treatment program.
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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