A Malignant Growth
July 24th, 2015 by Attorney Dan Carman
In the United States, federal laws apply to everyone in the country, while state laws apply only to those people who live, work, or happen to be in a particular state. Under the Constitution, federal law is supreme and must be followed if a conflict arises. Some of the first federal crimes in the U.S. were defined in the Crimes Act of 1790, which specified 23 federal crimes. Seven of the offenses carried a mandatory death penalty: treason, murder, three offenses relating to piracy, forgery of a public security of […]
Drug Offenses in Drug-Free School Zones
September 23rd, 2014 by Attorney Dan Carman
In the interest of giving American children a safe place to learn, schools have become battlegrounds upon which the war on drugs is fought. Since 1970, there have been federal laws on the books increasing penalties for people who commit certain drug offenses within a specific proximity to a school. The laws that create these protected places — known as “drug-free school zones” — vary by jurisdiction and are now found in all 50 states. Drug-related crimes are the most frequently charged offenses nationwide. In 2012 alone, drug abuse violations […]
Erosion Of The Attorney-Client Privilege
August 26th, 2014 by Attorney Dan Carman
One of the most basic principles of the American justice system is that what a defendant says to his or her attorney is confidential. However, the rules for enforcing that principle are frequently tested by technological inventions. For example, the guidelines for monitoring jailhouse phone conversations are still evolving and, despite posted signs to the contrary, many defendants incorrectly assume that any information they share over the phone is private. The popularity and convenience of email has presented its own confidentiality challenges. The common practice has been for the inmates’ […]
Pyramid Schemes
April 1st, 2014 by Attorney Dan Carman
Say “pyramid scheme,” and many people immediately think of a business like Mary Kay (beauty products), Pampered Chef (kitchen tools), or Amway (purveyor of a variety of products)—all multilevel marketing programs. But there is a difference between pyramid schemes and multilevel marketing programs (MLMs). While both work on the principle of getting new recruits to join the company and invest money, a legitimate MLM truly has products to sell, while a pyramid scheme is established primarily to make money for the people at the top of the pyramid. Where the […]
What Are The Penalties For Third (3rd) Degree Criminal Mischief Charge In Kentucky?
March 25th, 2014 by Attorney Dan Carman
The penalties for the offense of criminal mischief in the third (3rd) degree are up to 90 days in jail and/or up to a $250 fine (KRS 512.040). The actual disposition of the case will depend upon the facts of the case, your prior offenses, and the prosecution’s recommendation if your case is to be settled. If your case is tried, whether you are found guilty – and if so, the punishment – will be up to a jury, or if you prefer, a judge sitting without a jury. A […]
What Is Criminal Trespass In The Third Degree, And What Penalties Could I Face For A Conviction In Kentucky?
March 25th, 2014 by Attorney Dan Carman
In Kentucky, the offense of criminal trespass in the third (3rd) degree occurs when a person “knowingly enters or remains unlawfully in or upon premises.” (KRS 511.080). Many factors could affect your sentence if you are convicted, including the facts of your case and any prior offenses you may have in the past. Criminal trespass in the third (3rd) degree is a violation, so a typical sentence upon conviction would include a fine. However, even if the prosecution has evidence of this violation sufficient to convict you, you may be […]
What is Kentucky’s Statute of Limitations For Most Misdemeanors?
March 25th, 2014 by Attorney Dan Carman
One (1) year for most misdemeanors. If you (or a loved one) have been arrested in Kentucky or in the Lexington area in particular, why not speak to an experienced Kentucky Criminal Lawyer for free. Call my office at (859) 685-1055 for a no cost consultation.
During Police Interviews In Kentucky, Can A Witness’s Statements Against Me Be Used In Court?
March 25th, 2014 by Attorney Dan Carman
These statements can be used. Typically, however, the witnesses would have to testify in person in court, and you would have the right to confront them and ask them your own questions. If you (or a loved one) have been arrested in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation.