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criminal defense Archives

What is a nystagmus?

If you are a licensed driver in Kentucky, it is not only important for you to know the basic rules of the road but to also know a bit about what may happen to you if a law enforcement officer ever stopped you and then suspected you may be driving after consuming alcohol. You cannot simply be arrested immediately as the officer must establish enough evidence to support making a drunk driving arrest. Critical to this are the results of field sobriety tests.

Woman accuses fellow National Guard members of sexual assault

When accusations of sexual assault are made, a moral conflict may ensue amongst many in Richmond. The immediate reaction may be to have sympathy for the alleged victim, while at the same time, there may also be a hesitancy to rush to judgement in condemning the accused. Many cases of alleged sexual assault involve encounters between people with an established relationship where one may act upon perceived indicators of the other’s desires to escalate their level of intimacy, only to later be accused of forcing him or herself upon the other. In such a case, all facts surrounding the incident should be considered when attempting to determine the true nature of an encounter.

What are the long-term consequences of a felony conviction?

If you’ve been convicted of a felony in Kentucky, you know that life does not always go back to normal after you are released. In fact, most felons face a multitude of long-term consequences after a felony conviction, which can touch many different areas of a person’s life. Navigating these consequences is often quite difficult, especially if you lack a strong personal support system.

Hallmarks of a federal crime

It is sometimes difficult to understand the differences between a federal crime and a crime that would be handled by the state of Kentucky. They do overlap, but there are distinct aspects that make federal crimes different. At Shumate, Flaherty, Eubanks & Baechtold, we want you to understand these differences, so if you are charged with a federal crime, you know what you are up against.

Expunging a felony in Kentucky

Expunging a felony from your criminal record in Kentucky depends on a few factors. According to the Kentucky Court of Justice, you must first make sure that your crime is one that can be expunged. Approved Class D felonies are eligible, but you also must have completed your sentence, probation or parole at least five years ago. These basic requirements must be met before you can begin the application process. At Shumate, Flaherty, Eubanks & Baechtold, we recommend reviewing all aspects of your case because there are other circumstances that could affect your eligibility.

How to avoid a DUI over the holidays

When it comes to drinking and driving, many people believe they will be able to remain in control and determine when they are too drunk to drive. Reports on drunk driving deaths claim to differ, with the Centers for Disease Control stating that over 2,000 people in Kentucky were killed in accidents with drunk drivers between the years of 2003 to 2012.

Changes in DUI "look back" time bring increased penalties

Recent changes in Kentucky's DUI laws make it even tougher on anyone suspected of driving after drinking. In the past, Kentucky DUI laws allowed courts to look back five years into a person's record for previous convictions. Since every subsequent offense elevates the severity of the penalties, you could make the same mistake twice in a lifetime and still face the penalties of a first offense.

What HB 40 means for those with a Kentucky criminal record

On July 15, 2016, House Bill 40, a new law passed by the Kentucky General Assembly, went into effect. The Bill expands the scope for expungement in Kentucky, allowing for certain Class D felony convictions to be expunged from an individual's criminal record.

Shumate, Flaherty, Eubanks & Baechtold

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Richmond, KY 40475

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