Best Criminal Defense Attorneys in Lexington

FAQs

• What is the non-emergency contact number for the local police station in Lexington, Kentucky?

  The Lexington Police Department can be reached at (859) 258-3600.

• Where can I get a copy of police reports for incidents related to my case in Lexington, Kentucky?

  To obtain a police report from the Lexington Police Department, call (859) 258-3600 for more information. Reports should be released 5 days after you've made the request.

• Can a criminal defense attorney help you with filing a protective order against someone who has already filed a protective order against you in Lexington?

  Yes, this is possible, but only separate petitions have been filed by both parties involved in Lexington and the orders are written clearly enough that they allow peace officers to identify which party has violated them. It becomes effective and binding after the respondent has been given notice and informed of the order's terms by a peace officer.

• What is one way a criminal defense attorney in Lexington can help someone incarcerated who's remorseful and willing to change?

  Pursuant to Kentucky Revised Statute §439.267, if the offender in Lexington has served at least 30 days of their sentence for a misdemeanor charge, then they may be eligible to enter a shock probation program. Their attorney can educate them about the steps they need to take for the judge to approve this motion, such as enrolling in substance abuse programs or developing a plan to find stable employment and a place to live.

• Can you have your criminal record expunged in Lexington if you committed a felony?

  It depends on what kind of felony it is. All types that fall under Classes A, B, and C are not expungable, and only about 60%-70% of Class D types are. Some of these include:

  • Possession of a controlled substance, 1st degree
  • Identity theft
  • Use of a false name or Lexington address to procure a controlled substance
  • Criminal falsification of a medical record
  • Theft by extortion
  • Counterfeiting an intellectual property

• How does a crime committed in Lexington fall under federal jurisdiction?

  The most common reason is when an offender commits the crime within Lexington but then takes it to another state, or an offender commits a crime that transcends state lines in nature (such as falsely claiming citizenship). In reality, if the crime catches the attention of the federal government, with few exceptions, it can pursue the offender. When the federal attorney general's office prosecutes a case, it usually involves the FBI, ATF, DEA, or ICE.

• What can be done against unlawful home searches by police officers in Lexington?

  Any search and seizure conducted by law enforcement without a warrant are unconstitutional. The only time they do not need a warrant is when they have probable cause to believe that a crime has occurred on the property. Still, if you refused the search and they proceeded or forced their way in, the criminal defense attorney in Lexington can apply the exclusionary rule which prevents evidence obtained in this manner from being used in court.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.