If you are a Kentucky resident charged with a crime, you may have heard about the fruit of the poisonous tree doctrine and are wondering if it applies to your case and if it might affect your case in any way. The answers are yes and maybe.
As a Kentucky resident, you probably have seen enough TV “cop shows” to think you know the Miranda warning by heart. That is the warning that law enforcement officers must give you when they arrest you.
Kentucky, like most other states, has a point system whereby convictions of traffic offenses considered to be moving violations are assigned point values and are placed on the driver’s driving record maintained by the Kentucky Transportation Cabinet. This agency explains that should a driver accumulate 12 points within 24 months, his or her driver’s license is suspended. For drivers under 18, the number of allowable points during the 2-year period is only seven before suspension.
If you are a Kentucky resident who has been charged with assault and battery, you may think that these are two words that mean the same thing. FindLaw explains, however, that while assault and battery are related offenses, they are separate and distinct from each other. The reason why most people confuse them is because they most often are charged together. In fact, some states, of which Kentucky is not one, have combined them into one crime.
When residents in Kentucky face criminal charges, those crimes are slotted into different categories. Depending on what a person has been accused of doing, they could be facing several different types of charges. All of them have their own potential penalties and reflect different severities of crime.
Kentucky residents charged with a serious crime may be unclear as to whether or not they should allow their attorney to enter into a plea bargain with the prosecutor. The American Bar Association advises that a plea bargain is a negotiation between the prosecutor and the defendant and his or her attorney leading to an agreement as to certain things regarding the case.
In Kentucky, domestic violence can be physical injury, assault or sexual abuse, or it could refer to causing fear of impending physical injury, if these acts occur between family members. As FindLaw explains, a family member means a spouse or former spouse, a relative, a person who is or has been in an “unmarried couple” relationship with the alleged abuser, a person who has a child with the alleged abuser, or any person who lives in the same household as the alleged abuser.
Kentucky residents who are facing criminal charges could end up dealing with two different types: misdemeanors or felonies. It may not be common knowledge, but these two categories are quite dissimilar in how they're viewed legally. They can have drastically different impacts on a person's life, as well.
Kentucky is one of the many states that have recently reconsidered strict laws regarding marijuana possession. Marijuana is quickly shifting into focus as one of the state's potential cash crops, as hemp has gained recent traction among state growers and producers. While cannabis is arguably in the public eye more than ever before, Kentucky laws nevertheless still consider the possession and sale of the plant a crime.
As many who have been charged with a crime can attest, paying bail to gain freedom after an arrest can be expensive, and Kentucky Senator Rand Paul is co-sponsoring a bill to end this practice around the country.