Chances are you have heard about or watched portions of the recent trial of Darrell Brooks, who was convicted of killing six people and injuring numerous others when he drove his vehicle into a Waukesha, Wisconsin Christmas parade in 2021. Mr. Brooks, who represented himself, told the Judge that he has the right to tell the Jury they could nullify laws.[1]This case is proof of Abraham Lincoln&...

“What is a DUI?”When faced with this question, most people think “driving under the influence” (DUI) relates only to driving while impaired by alcohol. However, that’s not the case.In Kentucky, the laws related to driving under the influence (DUI) specify a number of substances that that will result in criminal charges if they are found in your bloodstream, wi...

As everyone knows, COVID-19 has changed how almost everything in our society works. So, I thought I would address what changes I have seen to the criminal justice system. First, you should check with your local courthouse before showing up, because every county is handling things in their own way. This can make my job difficult, because I cannot always prepare a client for how their c...

It’s hard for me to believe, but seven years ago today, I opened my solo law practice. Needless to say, I was quite scared taking the leap, but I was also excited about the prospect of building a reputation as a hard-working, honest and effective criminal defense attorney. I am so thankful to everyone who has trusted me with their case or with a case for someone they love. I thi...

When you are dealing with a legal issue, it is important to find an attorney familiar with that area of the law, because experience can save you from a lot of headaches down the road. This is especially true with criminal law.Most people do not understand that any licensed Kentucky attorney can take their criminal case - even if that attorney rarely handles criminal cases. Some attorneys see...

The police did not read me my rights, so they have to dismiss my case - right? Actually, there is no requirement that the police read you your rights when they arrest you. Yes, you read that correctly. When a police officer forgets or chooses not to read you your rights is not a “Get Out of Jail Free” card. I often have people call me to talk about their cas...

It's always gratifying to see the reviews people leave about the way I represented them. As a criminal defense attorney, there is a balance between promising clients too much: That we can eliminate charges or mount a totally successful defense; and promising them too little: that we can't help them at all. My goal is to always be honest and straightforward with my clients,...

I must admit up front, I’ve never watched an episode of CSI: Crime Scene Investigation. So I am only picking on this show because everyone seems to talk about it. CSI and other shows like it are full of amazing crime scene investigators who always find some forensic (scientific) evidence that proves - beyond any shadow of a doubt - who committed a crime. So, how does this...

As a Kentucky criminal defense attorney based in Lexington, I’ve learned that the general public typically favors high bail unless it applies to them or to a loved one. When it’s personal, they don’t want to be stuck - or have a loved one stuck - in jail because their bail is too high.When talking with my clients, I often compare bail to placing a bet in Las Vegas, since th...

Giving someone a second chance when they have made a mistake is called forgive and forget in our society. In our legal system, it is called expungement.Expungement is a legal procedure by which any records of a specific charge against an individual are sealed. For example, if you've been convicted of a crime, you may be able to file a motion to have the records of those charges "exp...

“Your neighbor is going to say that she saw you shoot him.”“Well, that is just hearsay!”     “No, that is eye witness testimony.” First, we should get the formal definition out of the way. Hearsay is defined as “a statement, other than one made by the declarant while testifying at the trial or hearing, offere...

         On December 30th, 2018, Utah became the strictest state in the country on blood alcohol content. The state legislature reduced the legal limit from 0.08 to 0.05. This is something that everyone should take notice of because Utah was also the first state to lower its limit from 0.10 to 0.08 in 1983. Kentucky followed suit 17 years later in 2000. Ut...

Kentucky’s DUI statute states that “aggravating circumstances are any one (1) of the following: (e) Refusing to submit to any test or tests of one’s blood, breath, or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of subsection (1) of this section;” KRS 189A.010(11)(e). Now...

Earlier this month, the Kentucky Supreme Court reversed the court of appeals in ruling that a Defendant is not entitled to an affordable blood test. During a DUI arrest, the officer will give you the opportunity to contact a criminal defense attorney and request that you submit to a blood, breath, or urine test. After that test, the officer is required to offer you the chance to obtain an indepe...

Any criminal defense lawyer who handles Federal drug trafficking cases will tell you that they are seeing an increase in defendants being charged with the death or serious physical injury of their users. This increase in prosecution has come in response to the heroin and more specifically fentanyl epidemic. Fentanyl has resulted in dramatic increases in the number of overdoses. It is no secret t...

I often have clients ask me to call the Judge to resolve an issue in their case. For example, “Call her to see if she will lower my bail.” or “Have you spoken with the Judge to see if he will give me probation?” The problem is that the legal rules of ethics prohibit me from doing any of that. Calling a judge without the prosecution’s involvement or permission is cal...

One of the hardest parts about being a criminal lawyer is fighting the lies spread inside the jail. Inmates have a lot of time on their hands, which means they spend a lot of time thinking about their case and hearing other people talk about their case. This results in some of them believing that they now understand how the system works. On the other hand, there are inmates who like to make up f...

I have a weakness. I will admit it. Every time I see a legal story linked on my Facebook feed I know the tittle, story, or comments will make me mad, but I click on it anyway. Sometimes, I get so weak that I even start responding to comments, which is generally a bad idea. A little back story, I saw this headline on my Facebook feed "Magistrate Judge Recommends Not Droppi...

I am often first contacted by a client’s family or friends. If that happens, that normally means that the client is in jail. Most people do not realize that any phone calls from the jail are recorded. This is why I always hate to hear someone tell me that the client has told them all about he case over the phone. People need to realize that the client is basically testifying when the...

In the United States, an average of 1.5 million people are arrested annually for drunk driving. In 2015, an astounding 10,235 people died as a result of driving while drunk. There is a library of statistics and evidence comparing driving under the influence and car accidents. Though alcohol may be the predominant substance consumed in DUI arrests, it is hardly the only subst...