The Law Office of Marvin Knorr & AssociatesThe Law Office of Marvin Knorr & Associates2024-03-28T00:49:12Zhttps://www.marvinknorrlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503214/2021/01/fav-icon-75x75.pngOn Behalf of The Law Office of Marvin Knorr & Associateshttps://www.marvinknorrlaw.com/?p=535572024-03-28T00:49:12Z2024-03-28T00:49:12ZNot all tests are reliable
Field sobriety tests help gauge the likelihood of chemical impairment based on someone's physical and cognitive abilities. Although some people may try to come up with creative tests, the courts want something reliable that produces verifiable results. There are typically only three standardized tests that hold up under scrutiny in criminal court. Those tests include the one-leg stand test, the walk-and-turn test and the horizontal gaze nystagmus test.
Issues other than alcohol can affect performance
Drivers sometimes begin to question their own recollections of the evening when they fail field sobriety tests. They start to wonder if they may have been more impaired than they realized. However, a variety of health conditions, ranging from neurological disorders to mental health problems, could affect someone's performance on field sobriety tests. Motorists may need to look for a medical explanation for poor performance when responding to impaired driving charges.
Drivers can decline field sobriety tests
Drivers are often unaware of their rights and may engage in behavior that increases their risk of prosecution. Many motorists believe that implied consent laws about chemical testing apply to field sobriety tests. However, implied consent rules only apply in scenarios where officers have probable cause to arrest someone and want to perform a chemical test. Drivers theoretically have the right to decline field sobriety tests without risking penalty or immediate arrest.
Motorists accused of an impaired driving offense often need to look at the state's case to establish a viable defense strategy. Learning about field sobriety testing and other ways the state proves drunk driving may benefit those accused of impairment at the wheel. Those facing Kentucky DUI charges can discuss their case with the Law Office of Marvin Knorr & Associates by contacting the firm online or calling them at 859-286-6121.]]>On Behalf of The Law Office of Marvin Knorr & Associateshttps://www.marvinknorrlaw.com/?p=535302024-03-20T11:59:30Z2024-03-20T11:59:30ZThe alleged possession was not for personal use
There are many circumstances in which state prosecutors could bring possession with intent charges against an individual. The type of drugs involved and several other factors, like someone's criminal record, can influence what charges the state pursues. If someone has a history of drug trafficking or connections to the drug trade, prosecutors may seek to bring the harshest charges possible.
Possessing the precursor chemicals used to manufacture methamphetamine is sufficient reason for the state to pursue possession with intent charges under existing statutes. Other times, specific details present at the time of someone's arrest may influence what charges prosecutors decide to pursue.
Someone who has certain paraphernalia on their person might appear to have an intent to distribute drugs to others. Scales, packaging and tools for handling certain drugs might lead to allegations of possession with intent in some cases. Other times, someone having numerous drugs in their possession or a unusually high volume of drugs could lead to allegations of possession with intent.
Why possession with intent is a concern
Not all drug charges in Kentucky carry the same consequences. Someone accused of possession with intent may face felony charges instead of a basic misdemeanor offense. The penalties that the courts impose after a conviction could potentially be more substantial in a case involving possession with intent allegations.
Those who understand the difference types of drug charges brought under Kentucky State statutes may find it easier to defend against pending charges. Reviewing the state's case with a skilled legal team can help people craft the best response to a pending drug related charge.]]>On Behalf of The Law Office of Marvin Knorr & Associateshttps://www.marvinknorrlaw.com/?p=535292024-03-19T21:54:44Z2024-03-19T21:54:44ZConcerns about privacy
Litigated divorce requires that people present a lot of evidence and testimony to the courts. Those disagreeing about what custody arrangements might be best for their children or the fair way to split their property may need to disclose very private matters in the courtroom. When people would rather keep the extent of their marital estate or the details of their family circumstances confidential, collaborative divorce may help. The issues that people discuss as they prepare for divorce usually remain private and are not part of the public record as they could be if presented as evidence in court.
Control over the outcome
Collaborative divorce involves compromise, but that is true of any divorce outcome. Judges decide the terms in a litigated divorce, depriving people of control over custody matters and property division issues that may have emotional or financial consequences. When someone feels strongly about securing specific terms, collaborative divorce can offer them an opportunity to compromise in other aspects of the divorce to secure the specific terms that matter the most to them.
Reduced relationship damage
Litigated divorces pursued as an adversarial process can do unimaginable levels of damage to the relationship between the spouses. Particularly when they have to see each other regularly after the divorce, collaborative proceedings can reduce the damage to their relationship with one another. Those who have to co-parent for years, who own a business together or who belong to the same community may find that collaborative proceedings not only reduce the conflict they have with one another but may give them practice communicating calmly with one another.
Pursuing a collaborative divorce can be an excellent option for spouses in a variety of different circumstances. Spouses who learn about different approaches to divorce can choose the best option given their needs.]]>On Behalf of The Law Office of Marvin Knorr & Associateshttps://www.marvinknorrlaw.com/?p=535282024-03-16T19:47:28Z2024-03-16T19:47:28ZReview the trade-offs for large assets
Some people go into divorce focused on retaining possession of certain resources. Staying in the marital home might be someone's main goal. However, they may have to think about taxes and the cost of upkeep to determine if it is actually financially feasible to live in the property alone after the divorce. People need to set realistic goals about their largest shared assets, many of which have substantial maintenance costs.
Identify resources to retain
There are certain assets that people happily give up to their spouses and others that they don't mind selling as part of the divorce process. There are certain assets that may have emotional value or that could be difficult to replace on the modern market. Identifying assets that someone does not want to liquidate or divide early in the process is important.
Revisit investment and retirement plans
The retirement savings goals and investment strategies people establish during marriage are not the same solutions they might require after a divorce. People may need to change up how they allocate their income and develop new strategies to meet their savings goals before retirement.
Establish what should remain separate
People sometimes misunderstand separate property for the purpose of divorce. An account or asset held in just one person's name could still be their sole property. Inherited assets and property owned prior to marriage are sometimes separate property that people can protect during a divorce. Identifying debts that are separate can be as important as determining what assets should be separate.
Obtain a realistic value for major resources
From motor vehicles and real estate holdings to investment portfolios and collectibles, certain assets can have significant value. It is sometimes necessary to have higher-value resources professionally evaluated to determine what their fair market value is. Doing so can help with the property division negotiations even if someone does not want to retain specific assets.
There are many other considerations, including the negotiation of custody terms to retain certain tax benefits, that can impact someone's finances after a divorce. Going into divorce negotiations with a focus on long-term financial stability can help someone prepare for a better future. Spouses who focus on the big picture may feel happier with the outcome of their divorce proceedings.]]>On Behalf of The Law Office of Marvin Knorr & Associateshttps://www.marvinknorrlaw.com/?p=535272024-03-13T17:19:39Z2024-03-16T17:19:01ZAffirmative defenses can be a viable strategy
A self-defense claim in criminal court is a type of affirmative defense. The defendant's lawyer does not try to prove that an incident didn't happen or that someone else was responsible. Instead, the goal is to establish mitigating factors that mean someone's conduct was not criminal.
In Kentucky, it is legal for someone to use physical force to protect themselves from what they perceive as an imminent threat. So long as other reasonable people agree that the situation involved an immediate threat of bodily injury, someone may be able to successfully claim that they acted in self-defense.
There are certain rules that generally limit self-defense claims. Usually, the individual claiming they acted in self-defense cannot be the party who instigated the incident. Additionally, claims of self-defense may not be an option if someone broke the law immediately prior to the altercation or trespassed on someone else's property.
Those in a location where they have a lawful right to be and who did not intentionally provoke the other party involved in the incident could theoretically avoid an assault conviction by asserting that they acted with the intention to defend themselves. Those who understand state law may have an easier time avoiding a conviction when facing assault charges. Thus, learning more about assault, self-defense and state statutes by seeking legal guidance may benefit those recently accused of a violent offense.]]>On Behalf of The Law Office of Marvin Knorr & Associateshttps://www.marvinknorrlaw.com/?p=535262024-03-13T17:11:40Z2024-03-13T17:11:40ZDoes everyone who pleads guilty to a DUI offense lose their driver's license in Kentucky?
Licensing penalties are standard in DUI cases. The judges who hear DUI cases in Kentucky can send someone to probation or incarceration. They can also suspend someone's driver's license. In most cases, the law requires a driver's license suspension. After a first DUI conviction, a Kentucky driver faces a license suspension that could last six months.
Anyone convicted of a second offense within 10 years of their first DUI could lose their license for 18 months. A third offense within 10 years carries a 36-month suspension, while a fourth offense might lead to 60 months or five years without driving privileges. If someone has a commercial driver's license (CDL), they could lose their CDL after a conviction while on the job or in their personal vehicle.
In some cases, drivers can apply for a hardship license after serving a portion of their license suspension. Typically, hardship licenses require the installation of an ignition interlock device. The driver must conduct alcohol tests before starting their vehicle and can't drive if they have an elevated blood alcohol concentration. Hardship licenses don't help those who lose their CDLs.
The risk of losing a driver's license is one reason why many people decide to fight back against pending Kentucky DUI charges. Learning more about what to expect when accused of a crime by seeking legal guidance can help people plan an appropriate response to their circumstances, given their unique needs.]]>On Behalf of The Law Office of Marvin Knorr & Associateshttps://www.marvinknorrlaw.com/?p=535022024-01-13T03:04:08Z2024-01-13T03:04:08ZKentucky law distinguishes assault charges into different degrees, each featuring its own legal definitions and potential penalties. It's essential for individuals facing such charges to understand these distinctions, as they can inform their defense strategies.
Understanding the degrees of assault in Kentucky
Assault in the first degree, a Class B felony, is the most serious form of assault under Kentucky law. This charge is typically levied in cases where the accused intentionally causes serious physical injury to another person. This can often involve using a deadly weapon or dangerous instrument.
Assault in the second degree, a Class C felony, involves intentionally causing severe physical injury to another person without the use of a deadly weapon or causing any physical injury with a deadly weapon. This charge can also apply in situations involving the intentional drugging of a victim without their consent.
Third-degree assault charges, a Class D felony or Class A misdemeanor, are often brought against individuals accused of recklessly or intentionally causing physical injury to another person. This charge also applies to assaults against certain protected classes, such as law enforcement officers, social workers or emergency service personnel, while performing their duties.
Potential consequences of assault charges
The consequences of an assault conviction in Kentucky can be severe and long-lasting. Penalties vary depending on the degree of assault but can include imprisonment, fines, probation and a permanent criminal record. A prison sentence can range from a few months to several years, depending on an assault's degree and the case's specific facts.
In addition to legal penalties, a conviction can lead to significant personal and professional repercussions. It can affect employment opportunities, housing options and personal relationships. Given the stakes involved in these cases, it's crucial for individuals facing assault charges in Kentucky to understand the options they have for defense strategies and to seek legal guidance accordingly.]]>On Behalf of The Law Office of Marvin Knorr & Associateshttps://www.marvinknorrlaw.com/?p=534742023-11-09T14:19:01Z2023-11-09T14:19:01ZThere are penalties for test refusal
If a police officer has probable cause to suspect impairment, they could arrest someone even without a breath test or other chemical test. Technically, Kentucky state law has a provision stating that anyone driving on public roads has already given implied consent to chemical testing.
If an officer has reason to suspect that someone has had too much to drink, it is a violation of the law to refuse to perform the test if you have already been arrested. The police officer requesting the test will often take someone's license immediately after they refuse to submit to the test. The courts will affirm that move by automatically suspending someone's license at their arraignment.
The automatic license suspension that follows test refusal will last until at least the resolution of the driver's impaired driving charges. If someone pleads guilty or gets convicted, the state will double the mandatory minimum sentence of incarceration. They will also become ineligible for a hardship license during their suspension period.
Police officers who pull someone over or who must put together a report about a crash will look at the situation very carefully. Often, they want to prove or at least rule out the possibility of chemical impairment contributing to the situation.
Failing a test does not mean an automatic conviction
People frequently want to avoid chemical testing because they believe, inaccurately, that failing a test will automatically lead to their conviction for a DUI offense. However, there are many reasons that someone might have a false positive on a breast test. It is possible to defend against DUI charges even when there is a chemical test showing that someone was over the legal limit. In many cases, performing a breath test and then fighting against charges later will be the better option than refusing a breath test and facing a possible jail sentence that is twice as long.
Learning more about the rules that apply to Kentucky DUI cases may make a big difference for those who eventually end up pulled over and arrested for intoxication at the wheel. Seeking legal guidance can be beneficial for those already facing these circumstances.]]>On Behalf of The Law Office of Marvin Knorr & Associateshttps://www.marvinknorrlaw.com/?p=534732023-09-13T07:15:42Z2023-09-13T07:15:42ZThe average DUI is a misdemeanor offense
Yet, there is never any guarantee of exactly how prosecutors will handle a specific case, and the details of a situation often have a powerful influence on the charges and the penalties possible. What happened before someone's arrest and their personal background will both influence how the state handles DUI charges.
The average DUI that results from a traffic stop will likely be classified as a misdemeanor offense. However, there are scenarios in which the state may pursue more serious charges. There are aggravating factors that, when present, might lead to more serious penalties. For example, if someone was under the influence and also exceeded the speed limit by 30 miles per hour or more, that might justify an aggravated DUI charge. Driving the wrong way on a one-way street, having a blood alcohol concentration of 0.18% or higher, refusing to submit to chemical testing or having a child passenger under the age of 12 in the vehicle are also all aggravating factors.
Additionally, prosecutors can pursue a DUI as a felony offense under certain circumstances. For example, if someone gets arrested for a fourth DUI within 10 years, that could lead to felony prosecution. Those who cause crashes where people get hurt or die might also generally face more serious charges and penalties when accused of impairment on the road.
Learning about how Kentucky handles impaired driving offenses can benefit those accused of intoxication at the wheel if they hope to defend against those charges effectively. Seeking legal guidance is generally the best way to start building a solid defense strategy.]]>On Behalf of The Law Office of Marvin Knorr & Associateshttps://www.marvinknorrlaw.com/?p=534712023-07-12T13:51:17Z2023-07-12T13:51:17ZThe right to certain information
A police officer approaching someone's vehicle should identify themselves. Occasionally, vulnerable people like women may choose to ask an officer about their identity through a mostly closed window for their own safety in the initial stages of a traffic stop. Other times, they may drive to a lighted or public area before pulling over completely for their safety.
The officer will need to not just provide proof that they are a state employee but will also need to provide a clear explanation for why they told someone over. Whether they suspect someone of impairment or claim they did not use their turn signal, the officer should have a clearly explainable reason for initiating the traffic stop. A person stopped by the officer typically has the right to explain why they may have done something that looked like a traffic violation.
The right to freedom from unreasonable searches
Perhaps the right that people most frequently forget during traffic stops is the right that is the most important to them legally. The Fourth Amendment protects every person from unreasonable searches and seizures of their property. During a traffic stop, officers will frequently try to obtain consent from the driver so that they can conduct a search of their vehicle. Officers cannot search a vehicle unless they have probable cause or permission to do so in most cases.
Additionally, when it comes to a physical search of the person driving the vehicle, there are strict limits on when a pat down or frisk is appropriate. Generally, the officer needs to have probable cause to suspect some kind of criminal activity and reason to believe that the individual has a weapon. Officers cannot physically search someone who is not yet under arrest to check them for contraband, like drugs, without their permission.
Drivers who are capable of asserting their rights while remaining respectful toward the officer who conducts a traffic stop may have an easier time avoiding an escalating situation that leads to citations or possibly their arrest.
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