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Hopkinsville Kentucky Criminal Law Blog

Misreading romantic signals

Have you ever met someone new, felt an attraction to them, and felt like they returned that attraction instantly? Maybe you met at a social gathering, at a bar, at work or somewhere else entirely. No matter how it happened, you got the vibe that you were both very interested in one another and that they were flirting with you.

Then you made a move to take things to a more serious level, but they responded with shock. They were angry. They told you they didn't know what you were thinking, but that your actions were not warranted and not even wanted.

Are men or women more likely to face DUI charges?

You can get charged with a DUI regardless of your gender, age, race or any other factors. If you drive while intoxicated, it's a violation of motor vehicle laws in Kentucky.

That said, some individuals are more likely to face charges than others. You may be wondering about the role that gender plays. Are DUI charges more common for men or for women?

An eyewitness can be confident and wrong

An eyewitness who seems like they're not confident is going to raise questions in the jury's mind. Do they really remember what they say they remember? Are they trustworthy? Is the information they're providing reliable?

Meanwhile, an eyewitness who seems confident tends to inspire that confidence in others. When they're sure of what they saw and able to give their account with conviction, the jury may take everything they say as a statement of fact.

Felony charges come with very harsh penalties

A person who is facing criminal charges for the first time might have some questions about what certain things mean. One of the primary concerns they might have is learning a bit more about the classification of their crime. There are two primary classifications for this – misdemeanor and felony.

The distinction between these crimes is based on the severity of the crime. While many people tend to think of felonies as violent offenses, there are some crimes that fall under this classification that don't involve violence at all. Embezzlement, securities fraud and tax evasion are some examples of felonies that likely don't have violent elements.

Know how a plea deal may resolve your case

People who are facing criminal charges have a few options to consider when they're thinking about their case. One of these is to try to work out a plea deal with the prosecution. This typically requires their attorney to negotiate with the prosecutor to come up with an acceptable agreement that resolves the criminal case without having to go through a trial.

There are several things to consider if you're interested in working out a plea deal. You'll have to plead guilty to the charge agreed to with the prosecution. This means that you must admit that you did the crime, so you should only enter into the plea deal if you admit that you committed the crime.

Be careful what and who you sext

Communicating via texts and other electronic means is common these days. What many people might not realize is that they may have to be careful with what they message, not only because of the possibility of messages being shared or leaked but also because of legal issues that might arise in some cases.

One thing that matters is the content of the messages. The age of the participants of the texts and the subject of any photos also matter. It is illegal to share sexually explicit photos of anyone who is a minor. This is even true if the sender and recipient are both minors. You can face child pornography for sexting if part of that involves images that are crude or suggestive and contain minors -- even your own photo.

Terroristic threats and terrorism are criminal activities

Terroristic threatening is a criminal act that can lead to serious charges. There are various laws that prohibit individuals from doing this. One thing that people don't realize is that you don't have to act on the threats to face criminal charges. Simply making a threat is all it takes to face a criminal charge.

A primary factor in these cases is the defendant's intent. If you intend to do something that's going to cause someone else to fear you or something done in an effort to receive a specific outcome, you can be charged with terroristic threatening. There are several specific acts that fall under these laws. Examples of these include:

  • Coerce civilians or government employees to take specific actions
  • Influence civilians or government employees to make certain decisions
  • Threaten to kidnap, assassinate or commit a mass destruction

Know the impaired driving penalties in Kentucky

Kentucky laws take a harsh stance against drunk driving. It's imperative that all drivers understand that driving after they've been drinking can lead to serious penalties. These penalties are also for other substances, including over-the-counter (OTC) medications, prescription drugs, illegal substances and any items that can adversely impact your driving abilities.

The severity of the penalties you face depends on how many convictions you have for drunk driving within a 10-year period. At minimum, you will have to participate in an alcohol or substance abuse program and your license will get suspended.

3 reasons why cops can conduct an arrest

The police can't just arrest a person because they feel like causing trouble for them. They must have a valid reason to conduct the arrest or it could be considered an unlawful arrest. It's imperative that all citizens know the reasons why a police officer can arrest them.

There are three scenarios that can lead to an arrest. These include:

  • You have a warrant for your arrest. This must be signed by a judge or magistrate and must contain specific information, including your identity.
  • The police officer has probable cause. This means that the facts and circumstances would lead a reasonable person to believe that you committed a crime. For example, if a big screen television is stolen from a store and you're found loading one into your vehicle and can't produce a receipt for it, the officer would have probable cause.
  • The police officer sees you commit a crime. This is often what happens in drunk driving cases because the officer sees the person driving erratically and then conducts a traffic stop to gather more information.

Victims may recant statements, but that doesn't drop the charge

Domestic violence charges can stem from incidents that weren't necessarily criminal acts. This is because there is a chance that the victim embellished what happened in their statement to the police officers or investigators. Unfortunately, this isn't going to make it any easier for you if you're facing these charges.

One thing that the victim can do is recant their statement. When they do this, they are saying that they want to take the statement back. In some cases, they might opt to change their statement. While this might seem like a good thing, it might not make much of a difference in your case.

Michael J. Thompson, Attorney at Law

Michael J. Thompson, Attorney at Law
15744 Fort Campbell Blvd
Oak Grove, KY 42262

Toll Free: 866-397-7788
Phone: 270-605-0441
Fax: 270-439-1177
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