Guides to constitutional rights in Kentucky criminal cases — Fourth Amendment search and seizure protections, Fifth Amendment rights against self-incrimination, Sixth Amendment right to counsel, and how constitutional violations can affect your case.
Seeing blue lights in your rearview mirror makes almost everyone’s stomach drop — even people who have done nothing wrong. What you say and do in the next ten minutes can shape everything that follows, from whether you drive away with a warning to whether you end up facing criminal charges. The good news: you … Read more
Double Jeopardy Protections in Kentucky The Fifth Amendment to the United States Constitution and Section 13 of the Kentucky Constitution protect every person from being tried twice for the same offense. This fundamental principle, known as the prohibition against double jeopardy, ensures that once you have been acquitted or convicted of a crime, the government … Read more
Kentucky Self-Defense Law: Understanding Your Rights Kentucky has some of the broadest self-defense laws in the United States, including stand-your-ground provisions and castle doctrine protections. If you used force to protect yourself, your family, or your home and now face criminal charges, self-defense may be your best defense. Whether your case is in Louisville, Lexington, … Read more
Challenging Police Misconduct in Kentucky Criminal Cases Police officers in Kentucky have significant authority to enforce the law, but that authority is not unlimited. When officers exceed their lawful authority — through illegal searches, excessive force, false arrests, coerced confessions, or other misconduct — they violate the constitutional rights of the individuals they encounter. At … Read more
Witness Tampering Charges in Kentucky Witness tampering and intimidation are serious criminal offenses in Kentucky that can dramatically increase the penalties you face and undermine your credibility in any pending criminal case. Under KRS 524.040 and related statutes, any attempt to influence, intimidate, or prevent a witness from testifying truthfully can result in additional felony … Read more
The Right to a Speedy Trial in Kentucky Criminal Cases The Sixth Amendment to the United States Constitution and Section 11 of the Kentucky Constitution guarantee every person accused of a crime the right to a speedy trial. This fundamental protection ensures that the government cannot hold criminal charges over a defendant indefinitely, forcing them … Read more
Using Kentucky Open Records in Criminal Defense Kentucky’s Open Records Act (KRS 61.870 through 61.884) is a powerful tool that can be used in criminal defense to obtain information that law enforcement and other government agencies might not voluntarily disclose. The Open Records Act gives the public the right to inspect and copy public records … Read more
Eighth Amendment Protections in Kentucky Criminal Cases The Eighth Amendment to the United States Constitution prohibits the government from imposing cruel and unusual punishment on individuals convicted of crimes. This protection, which also applies through Section 17 of the Kentucky Constitution, limits the severity of sentences, prohibits certain conditions of confinement, and requires that punishments … Read more
How Social Media Is Used in Kentucky Criminal Cases Social media has become one of the most significant sources of evidence in modern criminal cases. Prosecutors in Lexington, Louisville, and throughout Kentucky routinely use Facebook posts, Instagram photos, Snapchat messages, Twitter statements, TikTok videos, and other social media content to build cases against defendants. At … Read more
Your Right to an Attorney in Kentucky Criminal Cases The Sixth Amendment to the United States Constitution guarantees every person accused of a crime the right to the assistance of counsel for their defense. This right, incorporated against the states through the Fourteenth Amendment and reinforced by Section 11 of the Kentucky Constitution, is one … Read more