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Hopkinsville Kentucky Criminal Law Blog

Prosecutor appeals sentence in plea deal, claims too light

Appeals in the criminal justice system aren't really rare, but most of those come from the defendant appealing something. What is a bit rarer is the prosecution appealing a sentence. One recent case out of Kentucky is proving to be interesting to follow, partially due to an appeal by the federal government.

The case stems around the assault of U.S. Senator Rand Paul by his 60-year-old neighbor. The man was charged with assault of a member of Congress and ultimately pleaded guilty as part of a plea agreement.

Face pending drunk driving charges head on in Kentucky

Now that the Independence Day holiday has passed, there are likely some individuals who are looking at drunk driving charges. This is a hard situation to face because it can have a significant impact on your life.

We know that you might want to just ignore the charges, but there are some very strict time limits that you need to ensure you comply with carefully.

Reasonable suspicion is a wide open legal concept

On the Independence Day holiday and the days after it, police officers will be on heightened alert for drunk drivers. In an ideal world, anyone who has had one or more alcoholic beverages will find a designated driver to take them home. Unfortunately, this isn't how life always works.

When a police officer pulls a person over for the suspicion of drunk driving, the officer has to have reasonable suspicion that the driver has consumed alcohol and is too impaired to drive legally. There are many different factors that might lead the officer to think this way.

2 court cases for 1 criminal act: It is possible

Many people think that you can only face one court case for a specific event. While this might seem like it is the case, it isn't. There are some crimes that can lead to more than one court case. These include things like drunk driving cases, charges stemming from fights and many violent crimes. In any case that involves a person getting injured, there is a chance that you will face a criminal case and a civil case.

There are some significant differences between these two cases. One of the most important to many people is that you can face time in jail or prison for most criminal charges, but you won't face this possibility if there is a civil lawsuit launched against you.

Felony charges can be resolved in different ways

People who are facing a felony charge are often shocked at how severe the penalties are for these crimes. One of the first things that you need to do when you are charged is to find out what options are possible for resolving the case. This can have a big impact on how you fare in the end.

Some felony charges might be handled through a pretrial resolution. These include plea bargains, diversion programs and entry into special court programs. In all of these cases, you will be bound by specific terms so that you can handle the matter. You might be labeled a felon for life, so make sure you consider this before you enter into one of these programs.

Some felony convictions can be expunged in Kentucky

Being convicted of a felony crime means that you are forever branded as a felon. This is a tough pill to swallow because it comes with a lot of different limitations. It also means that you might be judged by society without ever being given a chance to prove that you've turned your life around.

People who are convicted of specific felonies in Kentucky are rather fortunate. This state is something akin to a land of second chances because of the chance to have felonies expunged. Not all of these convictions can be expunged, so you will have to find out if yours is eligible.

Hotter months come with tempers that can flare fast

Now that the summer is here, many people are ready to get out and do things that allow them to enjoy being outside. While it might seem like everyone should be in a good mood now that the weather is so nice, everyone should be aware that there is an increase in tempers flaring that comes with the hotter months of the year.

This increase in crankiness doesn't come for one single reason. Instead, it seems as though there are often more than one reason for people becoming more testy when it is hot. One of these is that the hot, humid weather just makes humans miserable. When you aren't feeling the best because you are sweaty and hot, you might be more likely to get upset about minor things.

Criminal defense matters sometimes require critical thinking

Your thought process during a criminal justice process has to take the facts of the case into account. For defendants, critical thinking must be part of the strategy creation. While you are thinking about what defense to use, you have to be able to look at the situation from the outside. A large portion of what you need to do is to think about how things appear to people who don't have any prior knowledge of the issue at hand.

We know that this isn't easy since you know what happened. It is important to remember that how you present facts and call things into question can have a big impact on the way that your side of the case is perceived.

Car impounding is possible after a DUI arrest

Being stopped for the suspicion of drunk driving is a difficult situation. One point that you might not be prepared for is that your vehicle might be impounded due to the traffic stop. When your vehicle is impounded, you will have more costs associated with the DUI.

The issue that often comes up in these cases is that the car might not be in a place where it is safe to leave it until someone can come get it. In those cases, the officer might contact a tow company to come get the vehicle. The car might then be held at a yard until you can pay the tow fees and the cost of keeping the vehicle there.

Pounce on your drunk driving defense quickly

Evening bonfires and other summer fun is upon us. This is a time when friends and family members can come together to enjoy the lovely weather. The one thing that you don't want is to end your fun on a sour note when you are arrested for drunk driving.

There are many reasons why a police officer might think that a driver is drunk. Signs like weaving between lanes or stopping suddenly might lead to the cop stopping you. If you can't successfully complete the field sobriety test, you might be assumed to be impaired. Even if you pass a breath test, you might still be considered to be too impaired to drive.

Michael J. Thompson, Attorney at Law

16360 Fort Campbell Blvd.
Oak Grove, KY 42262
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Phone: 270-605-0441
Toll Free: 866-397-7788
Fax: 270-439-1177

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