Shumate, Flaherty, Eubanks & Baechtold

Celebrating our 100 year Anniversary in 2016

Call For A Free Consultation
859-623-3049 | 800-494-9916

criminal defense Archives

Are assault and battery the same thing?

If you think you face charges of assault and battery in Kentucky, you should realize that these crimes are different from each other. Per FindLaw, assault and battery are similar to each other, but the prosecutor must prove distinct things to convict you of one as opposed to the other. Therefore, carefully check your citation to determine if the officer charged you with both crimes or only one of them.

Crowded courts give rise to plea bargaining

It is generally known that courts in Kentucky and throughout the U.S. are overcrowded. In fact, it has led jurisdictions all over the country to institute night courts to handle preliminary legal proceedings and lesser charges, such as arraignments and traffic citations, to ensure time during the week for other business. Another result of having crowded dockets is the wide use of plea bargaining to resolve cases.

Job background checks and criminal records

If you are one of the many people in Kentucky who has a criminal conviction in your past or maybe a current criminal arrest that you are faced with, you will no doubt want to know how your future will be affected by this experience. A large element of making sure you have a good future is knowing that you can get a job and earn a living to support yourself and maybe even a family as well.

Field sobriety test inaccuracy rates

Like most people in Kentucky, you may be aware that during an investigation in which a law enforcement officer suspects you might be driving while intoxicated, you might be asked to perform certain tasks or tests. These are often referred to as field sobriety tests due to their performance in the field where you were originally stopped. Understanding the purpose of these tests how accurate they may or may not be is important for anyone who has been charged with a driving under the influence offense.

Kentucky's growing graffiti problem

It is one of the most common forms of property damage, found across cityscapes and alongside factories and businesses. Some argue that it brings aesthetic value to public spaces, while others are outraged at the clean-up process and the laws that surround the issue. Graffiti vandalism is a crime Kentucky is no stranger to. While public art has certainly captivated urban areas for decades, there is much debate over what, exactly, constitutes as street art altogether.  

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.

Shumate, Flaherty, Eubanks & Baechtold

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

Richmond Law Office Map

P.O. Box 157
Richmond, KY 40476

Local: 859-623-3049
Toll Free: 800-494-9916
Fax: 859-623-6406

After Hours & Weekend Consultations available in our office, your home and/or the hospital.