Frequently Asked Questions
See below for general answers to frequently asked criminal defense and family law questions in Lexington KY. Please note these general answers do not constitute legal advice and are used for advertisement purposes only.
Lexington KY criminal defense Attorney FAQs
Question: I've been charged with a crime in Kentucky. Do I need an attorney?
Answer: Absolutely! If you are charged with a crime in Lexington, KY, you owe it to yourself to hire a criminal defense attorney. Whether you've been charged with a simple traffic offense or a more serious misdemeanor or felony, it is wise to consult a Lexington criminal defense lawyer.
A Lexington, KY criminal defense attorney will be able to explain your constitutional rights based on the facts of your case. He will also be able to consider the facts surrounding your charges and evaluate your best defenses. Often, a criminal defense lawyer will know of other defenses you may not have considered. He will further know how to identify the best and worst case outcomes regarding your charges.
Even if you plan to plead guilty, a Lexington, KY criminal defense attorney is a valuable resource. Prosecutors have a great deal of discretion depending on the charges you face, and a criminal defense lawyer will be able to assess your situation and potentially get your charges reduced. Even if a lesser included offense is not an option, a criminal defense lawyer can fight for your rights and help minimize your punishment by arguing for a minimum sentence or fine.
If you wish to plead not guilty, a Lexington, Kentucky criminal defense attorney is almost essential. He will be able to represent your interests throughout all of the court proceedings and ensure that the prosecution meets its burden of proof: proof beyond a reasonable doubt. Criminal proceedings can be intimidating, and a criminal defense attorney will be able to guide you through the legal process while protecting your rights along the way.
Handling court appearances such as your arraignment makes a Lexington criminal defense attorney a valuable asset in your defense. Many defendants are uncomfortable speaking in open court, and you deserve a zealous advocate willing to stand up for your rights.
If you, or a loved one, have been charged with a crime in Lexington, Kentucky, or in a nearby county, give me a call at 859-333-6270 for a free consultation.
A Lexington, KY criminal defense attorney will be able to explain your constitutional rights based on the facts of your case. He will also be able to consider the facts surrounding your charges and evaluate your best defenses. Often, a criminal defense lawyer will know of other defenses you may not have considered. He will further know how to identify the best and worst case outcomes regarding your charges.
Even if you plan to plead guilty, a Lexington, KY criminal defense attorney is a valuable resource. Prosecutors have a great deal of discretion depending on the charges you face, and a criminal defense lawyer will be able to assess your situation and potentially get your charges reduced. Even if a lesser included offense is not an option, a criminal defense lawyer can fight for your rights and help minimize your punishment by arguing for a minimum sentence or fine.
If you wish to plead not guilty, a Lexington, Kentucky criminal defense attorney is almost essential. He will be able to represent your interests throughout all of the court proceedings and ensure that the prosecution meets its burden of proof: proof beyond a reasonable doubt. Criminal proceedings can be intimidating, and a criminal defense attorney will be able to guide you through the legal process while protecting your rights along the way.
Handling court appearances such as your arraignment makes a Lexington criminal defense attorney a valuable asset in your defense. Many defendants are uncomfortable speaking in open court, and you deserve a zealous advocate willing to stand up for your rights.
If you, or a loved one, have been charged with a crime in Lexington, Kentucky, or in a nearby county, give me a call at 859-333-6270 for a free consultation.
Question: What are the "aggravating circumstances" in relation to a DUI (driving under the influence) in Kentucky? How can they affect my punishment?
Answer: The aggravating circumstances for a DUI in Lexington, KY are as follows:
a. Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
b. Operating a motor vehicle in the wrong direction on a limited access highway;
c. Operating a motor vehicle that causes an accident resulting in death or serious physical injury as defined in KRS 500.080
d. Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.15 or more as measured by a test or tests of a sample of the operator's blood or breath taken within two (2) hours of cessation of operation of the motor vehicle;
e. Refusing to submit to any test or tests of one's blood, breath, or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of subsection (1) of this section; and
f. Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old. Ky. Rev. Stat. 189A.010(11).
On a first offense DUI in Lexington, Kentucky, if your facts reveal an "aggravating circumstance" as defined by KRS 189A.010(11) above, you will face a mandatory four (4) days in jail with the possibility of thirty (30) days in jail. When you have an aggravating circumstance, your sentence cannot be suspended, probated, conditionally discharged, or subject to any other form of early release. Home incarceration may be an option for you in lieu of jail time (depending on the facts of your case, the prosecutor, and the judge).
On a second offense DUI in Lexington, KY (within a five month period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of fourteen (14) days with the possibility of six (6) months in jail.
On a third offense DUI in Lexington, Kentucky (within a five year period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of sixty (60) days with the possibility of twelve (12) months in jail.
On a fourth or subsequent DUI offense in Lexington, KY (within a five year period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of two hundred forty (240) days. Note a fourth or subsequent offense is also a Class D felony.
If you (or a loved one) have been charged with a DUI in Lexington, give Lexington, KY DUI attorney Breck Norment a call for a free consultation at 859-333-6270.
a. Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
b. Operating a motor vehicle in the wrong direction on a limited access highway;
c. Operating a motor vehicle that causes an accident resulting in death or serious physical injury as defined in KRS 500.080
d. Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.15 or more as measured by a test or tests of a sample of the operator's blood or breath taken within two (2) hours of cessation of operation of the motor vehicle;
e. Refusing to submit to any test or tests of one's blood, breath, or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of subsection (1) of this section; and
f. Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old. Ky. Rev. Stat. 189A.010(11).
On a first offense DUI in Lexington, Kentucky, if your facts reveal an "aggravating circumstance" as defined by KRS 189A.010(11) above, you will face a mandatory four (4) days in jail with the possibility of thirty (30) days in jail. When you have an aggravating circumstance, your sentence cannot be suspended, probated, conditionally discharged, or subject to any other form of early release. Home incarceration may be an option for you in lieu of jail time (depending on the facts of your case, the prosecutor, and the judge).
On a second offense DUI in Lexington, KY (within a five month period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of fourteen (14) days with the possibility of six (6) months in jail.
On a third offense DUI in Lexington, Kentucky (within a five year period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of sixty (60) days with the possibility of twelve (12) months in jail.
On a fourth or subsequent DUI offense in Lexington, KY (within a five year period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of two hundred forty (240) days. Note a fourth or subsequent offense is also a Class D felony.
If you (or a loved one) have been charged with a DUI in Lexington, give Lexington, KY DUI attorney Breck Norment a call for a free consultation at 859-333-6270.
Lexington KY Divorce and Family Attorney FAQs
Question: How do I get a divorce in Lexington KY?
Answer: In Lexington, KY, a divorce can only occur when at least one party believes the marriage is "irretrievably broken". In other words, the party filing for divorce must believe reconciliation is not a viable option. Kentucky, like most other states, also has a residency requirement for obtaining a divorce. Kentucky requires one of the parties to have been a Kentucky resident for at least 180 days prior to the filing of the petition. Kentucky will also maintain jurisdiction in divorce cases when one of the parties has been present in Kentucky by virtue of a military residence for 180 days. KRS 403.140. Keep in mind the divorce petition must also contain numerous other elements to be valid. Finally, various other requirements must be met before a Kentucky court will entertain jurisdiction. If you (or a loved one) are interested in obtaining a divorce in Lexington, KY (or a nearby county), give Lexington Divorce Lawyer Breck Norment a call for a free consultation.
Question: What is a divorce petition?
Answer: In Lexington, KY, a divorce petition is the first document filed in a divorce case in Kentucky. It contains various statutory elements which are required for a Kentucky court to take your divorce case. Before deciding to file for divorce, you owe it to yourself to speak with a Lexington KY Divorce Attorney. You probably have tons of questions, and a Lexington KY Divorce Attorney will best be able to help. If you (or a loved one) are interested in getting a divorce in Lexington, KY (or a nearby county) and need an attorney, call Lexington Divorce Lawyer Breck Norment for a free consultation.