Eric L. Ray, Attorney at Law, PLLC

In Kentucky, a Misdemeanor is anything which has a maximum punishment of 12 months or less and a Felony is any crime which would involve a minimum sentence of one year or more.

There are two types of Misdemeanors:

• Class A Misdemeanors can result in a maximum of 12 months in jail.
• Class B Misdemeanors can result in a maximum of 90 days in jail

Felonies are broken down into 4 categories:

• Class A Felonies result in 20-50 years in jail or life imprisonment.
• Class B Felonies result in 10-20 years in jail.
• Class C Felonies result in 5-10 years in jail.
• Class D Felonies result in 1-5 years in jail.

I charge an advanced flat fee for criminal cases. The amount of the fee varies depending on the charge (whether it is a felony or misdemeanor), if the case goes to trial, and what county your case is located in.

You should always consult with a criminal defense lawyer before speaking to the police. A criminal attorney may review your situation and agree that you should speak to the police and fully cooperate, but you want that second opinion to make sure you are making the right decision.

Your first appearance in Court is called an Arraignment and it is your opportunity to find out what you are charged with and address your bond conditions if there are any. The vast majority of the time you will enter a not guilty plea so that you or your criminal lawyer can negotiate your case with the prosecutors.

The law can be very complex and you want to make sure you not only understand the charges and their consequences but also that you are not being overcharged. The last thing you want is to handle even a simple case yourself and then find out that you caused yourself more harm.

The prosecution may amend felony charges down to a misdemeanor, even if you have been indicted with a felony charge.

Both offices are prosecutors and both are run by elected officials. The main difference is that the Commonwealth Attorney’s Office only handles felonies which have been indicted. The County Attorney’s Office handles all traffic cases, misdemeanors, and felonies prior to indictment.

If the police violate your constitutional rights and obtain evidence against you, a criminal defense attorney will ask the Judge to not allow that evidence at trial. If the Judge agrees that the evidence was obtained in violation of your constitutional rights and cannot be used at trial, that evidence will be 'suppressed'. This normally involves an illegal search of you or your property, which violates your 4th amendment right.

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. You are normally read your Miranda rights before a police officer attempts to question you.

You waive the right to a speedy and public trial, including the right to trial by jury; the right to insist at a trial that the prosecution establish guilt beyond a reasonable doubt; the right to testify at a trial and the right not to testify at a trial; the right at a trial to be confronted by the witnesses against you, to present witnesses on your behalf, and to have compulsory process in securing their attendance. You generally waive the right to file further motions in the trial court, such as motions to object to the sufficiency of the charging papers to state an offense or to evidence allegedly obtained in violation of constitutional rights. You waive the right to appeal, except the right to appeal a motion that has been made, ruled upon and expressly reserved for appeal and the right to appeal an illegal or unauthorized sentence.

An Alford plea is when a defendant does not make an admission of guilt in open court, but the defendant admits that there is sufficient evidence that they could be convicted of the crime at trial.

According to KRS 431.073, certain class D felonies are eligible for expungement. You should contact an attorney to discuss whether your felony is eligible.

You can expunge any charge that has been dismissed with prejudice 60 days after it was dismissed.