Double Jeopardy in Kentucky Criminal Cases

Double Jeopardy in Kentucky Criminal Cases — Clark + Harris, PLLC

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

Self-Defense Laws in Kentucky

Self-Defense Laws in Kentucky — Clark + Harris, PLLC

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

Police Misconduct and Excessive Force in Kentucky

Police Misconduct and Excessive Force in Kentucky — Clark + Harris, PLLC

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 and Intimidation in Kentucky (KRS 524.040)

Witness Tampering and Intimidation in Kentucky (KRS 524.040) — Clark + Harris, PLLC

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

Your Right to a Speedy Trial in Kentucky

Your Right to a Speedy Trial in Kentucky — Clark + Harris, PLLC

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

Kentucky Open Records and How They Affect Criminal Cases

Kentucky Open Records and How They Affect Criminal Cases — Clark + Harris, PLLC

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

Cruel and Unusual Punishment: Eighth Amendment Issues in Kentucky

Cruel and Unusual Punishment: Eighth Amendment Issues in Kentucky — Clark + Harris, PLLC

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

Social Media Evidence in Kentucky Criminal Cases

Social Media Evidence in Kentucky Criminal Cases — Clark + Harris, PLLC

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

Right to Counsel in Kentucky: When You Are Entitled to a Lawyer

Right to Counsel in Kentucky: When You Are Entitled to a Lawyer — Clark + Harris, PLLC

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

Prosecutorial Misconduct in Kentucky Criminal Cases

Prosecutorial Misconduct in Kentucky Criminal Cases — Clark + Harris, PLLC

Identifying and Challenging Prosecutorial Misconduct in Kentucky Prosecutors wield enormous power in the criminal justice system. They decide which charges to file, what evidence to present, and what plea offers to make. When prosecutors abuse that power — whether by hiding exculpatory evidence, making improper arguments, or engaging in other forms of misconduct — the … Read more