What To Do With Social Media If Involved In A Case

What Should I Do If I Have Social Media Accounts And A Legal Case In Kentucky?

It is best to assume that all of your social media accounts will be reviewed as a result of your case.  Posts on social are not confidential and can come into all types of legal actions, including family law (like divorce or custody actions), criminal defense, and personal injury (like auto accidents and wrongful death) cases.   Therefore, recommend you complete the following steps so your case isn’t negatively affected by social media and/or the internet: Continue reading

Hiring Traffic Offense Lawyer In KY

When Should I Contact A Traffic Offense Lawyer About My Speeding Ticket?

In many instances, it is important for you to have an experienced traffic offense lawyer with you at your initial court appearance. Having an attorney with you then can make a big difference to how your case progresses.  While also protecting you from making critical blunders at your arraignment.  Traffic offenses include speeding tickets, reckless driving and DUI charges. This means you should contact an attorney as soon as possible after being charged.

Adequate time is needed to investigate the specific facts associated with your situation. As well as to allow your attorney to prepare an appropriate defense. When you contact a lawyer, make sure you have a copy of the citation and the date for your first court hearing. Your attorney will need that to best be able to help you.

If you have questions about a traffic violation or a speeding ticket, or about how an attorney can help you with your traffic ticket contact Hurst & Hurst Law at (859) 209-2101.

Traffic Offense Lawyer

Why Should I Get Traffic Offenses Lawyer

Traffic offenses range from speeding to reckless driving to driving under the influence (DUI). A traffic offense lawyer at Hurst & Hurst Law can help set up an approach to help you move quickly and as painlessly as possible through the legal process.

Our lawyers will work to reduce the number of times you have to come to court and in some cases we can help prevent clients from having to appear in court at all for minor traffic or speeding tickets.

Our lawyers can help you with a variety of traffic charges, including driving under the influence, speeding, reckless driving, operating without insurance or other traffic violations.  If you have questions about a traffic violation or speeding ticket, or about how an attorney can help you with your moving violation, contact Hurst & Hurst Law at (859) 209-2101.

Expunging First Time Possession Charge

Expungement of First Time Possession Charges in Kentucky

One of the most common criminal charges in the State of Kentucky is the possession of a controlled substance (i.e. drugs). A first time possession charge can be either voided or expunged in certain circumstances.

What Counts As A Controlled Substance In Kentucky?

The definition of a controlled substance includes marijuana, methamphetamine, cocaine, anabolic steroids, heroin, and numerous other substances or chemical compounds.

Under KRS 218A.1415 possession of a controlled substance can be considered a Class D Felony depending on the classification of the substance. A conviction for possession of a drugs can result Continue reading

Alford Pleas In KY

Guilty but Innocent: The Alford Plea

Plea Agreements Generally

At this point it is rather common knowledge that most criminal cases end with a plea agreement rather than a trial.  In cases where the criminal defendant has actually committed the crime; and has no credible defense, this is usually the best course of action. Alford Pleas differ slightly from normal guilty pleas.

A competent criminal defense attorney can often work out an arrangement with the prosecuting attorney; where the defendant receives a lesser sentence or is permitted to plead guilty to a lesser charge.  Sometimes defendants are allowed to avoid incarceration altogether with Pretrial Diversion programs.  However, a traditional guilty plea does require the criminal defendant to Continue reading

Persistent Felony Offender In KY

Kentucky PFO

What Is A Persistent Felony Offender In Kentucky?

In Kentucky, the concept of a Persistent Felony Offender (PFO) is created by Kentucky Revised Statute 532.080 which authorizes additional punishment for people who are at least twenty-one (21) years of age and have been convicted of multiple felonies within a given time period.

What Is The Time Frame To Get Charged With PFO In Kentucky?

The amount of time is difficult to explain because it can be calculated multiple ways.

The two most likely ways to qualify as a Persistent Felony Offender are (1) having been released from incarceration for a previous felony within the five (5) years of committing another felony and; (2) committing a felony while on any type of post incarceration supervision. Continue reading

Guilty Mind

How Does The Intent To Commit A Crime Come Into Play In A Criminal Charge In Kentucky?

Guilty Act vs. Guilty Mind in Kentucky

Crimes are broken up into elements.  The two main elements of a crime are a guilty act also known as Actus Reus and a guilty mind also known as Mens Rea.

Criminal Defendant’s State of Mind

Essentially every crime that a person can be prosecuted in Kentucky or any other state requires Continue reading

Elements Of A Crime In KY

What Are The Elements Of A Crime In Kentucky

If you have been charged with a crime, you should contact an attorney as soon as possible to get legal representation.  Some of your rights and defenses are time sensitive and waiting can harm your ability to put forward a good defense.

You can contact a lawyer with Hurst & Hurst Law at (859) 209-2101 for a free consultation.  Being charged with a crime is a serious matter, but we can help you determine whether the facts of the charge support a conviction, a lesser charge, would qualify for pretrial diversion, or even a Continue reading

1st DUI Charge

Penalty For First Driving Under The Influence (DUI/DWI) Charge in Five Years In Kentucky

In Kentucky, the penalties for driving under the influence are determined by statute. The penalties for DUI are established by KRS 189A.010.

First Offense of a charge of DUI Within a Five Year Period:
• $200 – 500 Fine
• 2 to 30 Days in Jail*
• 90 Days of Alcohol or Substance Abuse Program
• 30 to 120 Day License Suspension
• Possible 48 Hours – 30 Days Community Labor
*If aggravating circumstances are present then there is a penalty of four (4) days imprisonment

Legal Representation for DUI

If you have been charged with DUI in Kentucky you should contact an attorney who specializes in DUI litigation. The attorneys at Hurst & Hurst Law have received specialized training in dealing with DUI charges and can help you determine the best option for you. If you have been charged with a DUI or have questions regarding a DUI charge contact Hurst & Hurst Law at (859) 209-2101.

DUI Law Changes in KY

Changes in Driving Under The Influence Law In Kentucky

The changes in the DUI law establishes minimum jail times (which cannot be probated, suspended, conditionally discharged or otherwise subject to early release) if convicted of DUI and aggravating circumstance(s) exist:

Aggravating Circumstances In Kentucky

What counts as aggravating circumstances in Kentucky is controlled by KRS 189A.010 [11].  The following are the aggravating circumstances that result in higher minimum jail time: Continue reading