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criminal defense Archives

Should you consider a plea bargain?

There is often a delicate balance between challenging any criminal accusations made against you and securing the best possible outcome to your case. As is the case in any legal matter in Richmond, the longer a criminal complaint is argued, the more resources are expended (on both sides). Thus, those prosecuting you may be motivated to resolve your case without going to trial. This may open up the door to the potential of a plea bargain. Careful consideration of such an offer may be warranted depending on the circumstances of your case. 

Wrongful battery charges and the consequences

Any kind of violence-related charge can create a multitude of legal issues. And while battery charges are, indeed, serious, some are not always truthful accusations. A wrongful accusation can not only be costly and time-consuming, but can damage a defendant's reputation. What are the options in such cases? In Kentucky, even an assault charge of the fourth degree can present a number of complications for the accused.

Are you OK to use force to defend yourself?

Imagine the following scenario: You find yourself at home in Richmond when an unknown person attempts to break in. You call law enforcement authorities, but fear that they will not arrive before the intruder gains entry. You feel compelled to answer the threat posed by the intruder with force, and end up severely injuring him or her. Does the law justify your actions

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.

Shumate, Flaherty, Eubanks & Baechtold

Shumate, Flaherty, Eubanks & Baechtold
225 West Irvine Street
Richmond, KY 40475

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Richmond, KY 40476

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