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Posts tagged "Criminal Defense"

Know the differences between trial and grand juries

The criminal justice system has two types of juries. You might hear about the trial jury often, but you likely only hear about the grand jury in very serious cases on the news. You might not realize how these differ, but knowing a bit about this can help you if you are involved in the criminal justice system.

Not all criminal cases qualify for a trial before a jury

People often think that all defendants in criminal matters have the option of having a jury trial, but this isn't the case. There are several things that are required before a jury trial must occur. These are set by the Sixth Amendment to the United States Constitution and Article III, section 2 of the same document.

3 area of plea bargaining that might be possible

Some defendants opt to resolve their case through plea bargains. This means that the defendant will plead either no contest or guilty to a specific charge or set of charges. In exchange for this, the prosecution agrees to meet specific conditions. In order for the deal to work, both sides have to do their part.

New Year's Eve in Kentucky: Free ride shares possible

Kentucky is in the midst of the "Drive Sober or Get Pulled Over" campaign, which will run in full force through Jan. 1, 2019. The increased enforcement is aimed at getting impaired drivers off the road and putting a stop to the drunk driving crashes that are fully preventable. This campaign is said to reduce fatalities caused by drunk driving by up to 20 percent.

Thanksgiving is one of the most dangerous days for DUI

November has arrived, and it will soon be Thanksgiving. People throughout Kentucky love the holiday for its celebration of family and gratitude. It is a wonderful day to gather friends and relatives together, give thanks and cook a huge feast.

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.

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Shumate, Flaherty, Eubanks & Baechtold

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Richmond, KY 40475

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