Shumate, Flaherty, Eubanks & Baechtold

Celebrating our 100 year Anniversary in 2016

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

Posts tagged "Criminal Defense"

How are sentences determined?

There is a common phrase that is often associated with criminal activity in Richmond: "let the punishment fit the crime." That may sound rather straightforward to you, yet once you are faced with a criminal sentence, you might question whether or not your actions warrant the punitive action assigned to you. You can easily look up the law that you are said to be in violation of and see exactly what sort of penalties are associated with it. However, simply because those penalties are what has been established does not necessarily mean that is the sentence you will receive. 

Understanding Kentucky's criminal attempt law

To most in Richmond, defining criminal activity is likely relatively simple: you either committed a crime, or you did not. Why, then, do some come to us here at Shumate, Flaherty, Eubanks & Baechtold facing criminal charges for circumstances in which no crime was actually committed? Kentucky law allows officials to charge you with a crime it is believed you were going to commit one. In such a case, the determination of your guilt or innocence comes down to a question of intent. 

Why are plea bargains used?

Plea bargaining may be criticized by many in Kentucky and across the U.S., but in truth, it is how the great majority of criminal trials are settled. Not only do they help ease crowded court dockets, they give prosecutors an opportunity to guarantee a conviction. For defendants, a plea bargain is a chance to receive a lighter sentence, as well as a somewhat better record.

Defining mislaid property

Imagine the following scenario: while dining at a restaurant in Richmond, one notices a laptop bag has been left under his or her table. He or she takes it upon leaving, with every intention of searching its contents to discover who the owner is. However, hours later, law enforcement authorities show up at his or her door accusing him or her of theft, saying that restaurant patrons saw him or her leave with the bag. 

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. 

Shumate, Flaherty, Eubanks & Baechtold

[an error occurred while processing this directive]