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Hopkinsville Kentucky Criminal Law Blog

Drunk driving requires a multifaceted defense plan

Drunk driving charges shouldn't be thought of as minor criminal matters. Instead, they have to be taken very seriously because the impact they can have on your life is severe. While part of your defense plan is going to have to be addressing the legal aspects of the matter, you also have to think about the administrative penalties and life consequences so you can address those.

The administrative penalties that you face come swiftly. You have very limited time to address them when you are charged with drunk driving. Many people worry about the loss of their driver's license. This is one of the facets of this type of charge that is usually addressed in the administrative process.

Group wants to ban domestic violence convicts from owning guns

A group of political activists from Kentucky are advocating to prevent those convicted of domestic violence from being able to possess guns. The advocacy group, Moms Demand Action, is hoping that Kentucky will align its laws with federal laws that cover gun possession.

The group is proposing a new law, SB 177, that would require the temporary confiscation of guns from anyone convicted of domestic abuse. Gun owners would later be allowed to appear in court to ask a judge to let them have their guns again, but only if the judge agrees that the situation warrants it.

Don't try to ignore criminal charges

Criminal charges can't be ignored because they aren't going to go away. If you do choose to ignore them, there is a good chance that you are going to end up before the court without a viable plan. This isn't good, as you can't just "wing" your defense and assume that you will fare well. We know that you don't want to have to deal with this type of disastrous outcome. We are here to help you determine what defense options you might have.

The defense strategy that you choose has to fit the charge. You must look at the facts of your case so that you can try to address each point that the prosecution raises. The burden to prove that you committed the crime is on the prosecutor. Your only duty is to try to show why there is reasonable doubt regarding the prosecution's claims.

Jury trials provide a third-party decision on criminal matters

Some criminal defendants opt for a jury to try to prove that they aren't guilty of a trial. This process is a lengthy one, but the end result is that a group of that person's peers listens to the facts of the case as they are presented by the prosecution and the defense during the trial.

The right to a jury trial is one that is provided in the United States Constitution, but it doesn't apply to every criminal case. Instead, the Sixth Amendment provides the right to a trial before a jury of your peers if you are facing at least six months in prison or jail if you are convicted. This means that some misdemeanors might not be eligible for this type of trial.

Preparation is the key in the drunk driving defense cases

Drunk driving can lead to very serious penalties that could have been avoided if you had just found another way home. When a police officer thinks that you are driving under the influence of any substance, including alcohol, illegal drugs or legal medications, the top priority is determining what is going on. They will pull you over and ask you to take tests that will help them to make a determination.

If they believe that you are breaking the law and have probable cause indicating this, you will be arrested. This is when your long journey will begin. Now, you have to deal with the criminal court system and the administrative penalties that come with this charge. This can be a challenge, and it isn't something that you can ignore.

Signs of domestic violence aren't always physical

People who are facing domestic violence charges often question how their life came to this point. They wonder how they can face the consequences and fallout that come with this type of legal action. It is imperative that you present your side of the story when you face the court.

Some of the allegations that might come up in court won't have to do with physical violence. Spouses can accuse one another of emotional, psychological and financial abuse as well. It is necessary to think about the full picture so that you can determine how to answer these serious charges.

Consider your options for a robbery defense

Taking things that don't belong to you, or even attempting to do so, can lead to criminal charges. Sometimes, these charges are theft or larceny; however, when there is a victim who is threatened with harm or suffers harm, it might be considered a burglary. This is a very serious felony that requires you to consider your defense strategy very carefully. There are several options to think about.

One element of a robbery case is that the prosecution must show that you had the intent of using force to take something that belonged to someone else. Without this element, they won't be able to claim that you did commit robbery, so calling this fact into question might be appropriate.

Plea deals can help defendants who admit they're guilty

While the entertainment industry tends to show the drama of criminal law jury trials, this isn't the way things usually happen in the real world. Most criminal cases are resolved when the prosecution and defense come to an agreement about what is going to happen. This is known as a plea deal.

Some people question the motive behind these deals. They don't understand why a defendant would willfully enter into one. They also worry that some innocent people will enter into a plea deal just to take away the uncertainty of a jury trial. It is important to note that no defendant should ever entertain the idea of a plea deal unless they do admit that they committed the crime.

Criminal justice reform is shaking up some possibilities

We recently discussed the criminal justice reform recently signed by President Trump. The passage of this was a big step forward, but there is still a lot of work to do before the system is working as it was intended.

One thing that has to change is how people view the criminal justice system. It is important that people who break the law face consequences for their actions. But at the same time, the courts can't ignore the underlying problems that contribute to law-breaking.

Sweeping criminal justice reform signed by President Trump

The need for criminal justice reform in this country has been present for a long time. Finally, steps are being taken to address this. President Donald Trump recently signed the First Step Act, which is a sweeping federal criminal justice reform bill. Anyone facing criminal charges should check out this bill and learn what it means for them.

The bipartisan effort is one that put the interests of offenders and the general public into account. Liberals and conservatives, Republicans and Democrats all supported this bill. President Trumps' senior adviser and son-in-law Jared Kushner worked behind the scenes on this effort. His father spent time in prison when Kushner was younger.

Michael J. Thompson, Attorney at Law

16360 Fort Campbell Blvd.
Oak Grove, KY 42262
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Toll Free: 866-397-7788
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