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.
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.
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.
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.
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.
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.
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.
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.
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.
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.