You are arrested when law enforcement officers take you into custody or otherwise deprive you of your freedom of movement in any significant way in order to hold you to answer for a criminal offense.
The police officer is obligated to identify himself and to advise you that you are under arrest and why, unless circumstances make it impossible for him to do so at that time.
When you are served the appropriate papers having to do with your arrest you will be given a court date. If you are charged with a misdemeanor you should be prepared to either plead guilty or prepare a defense to the charges against you.
If you are charged with a felony you will be required to come to a court for a “first appearance” where the judge will determine that you understand the nature of the charges against you and inquire if you have an attorney.
If you want an attorney and demonstrate your need to the court by “Certificate of Indigency” you may be allowed an appointed attorney. A “probable cause” hearing will be scheduled, the purpose of which is to determine whether there is sufficient evidence to bind the charges over for trial in Circuit Court.
If you are facing an arrest in Northern Kentucky, contact one of our experienced attorneys at Busald Funk Zevely to help. We understand how difficult this time can be and we will be in your corner throughout it all.
Based upon reasonable suspicion that you may be involved in criminal activity a police officer may require you to identify yourself and explain your presence at a particular time, without arresting you. The officer may not remove you from the immediate vicinity without making an arrest unless you voluntarily accompany him to some other location.
If the officer has reasonable grounds to believe that you are armed and/or that you may be dangerous to yourself or others, he may conduct a limited pat-down of your outer garments for the purpose of detecting weapons. If this “frisk” results in reasonable belief on the part of the officer that you are carrying a weapon, he may remove the suspicious object for the purpose of protecting himself. The officer must return to you any lawful object he finds unless he places you under arrest. Unless you are under arrest, his frisk or search must be limited to suspected weapons.
The officer may want to ask you some questions in order to complete his investigation report. You have a constitutional right to not answer them.
If you should enter a retail establishment where goods are placed on display and for sale, the merchant or his employees may detain you on the premises for a reasonable time for questioning if they have probable cause to believe that you have stolen or have attempted to steal goods for sale. Under such circumstances a police officer called to the scene may make an arrest for shoplifting even though the alleged offense was not committed in his presence.
The legal process in Florence, Kentucky can be overwhelming, which is why we at Busald Funk Zevely are here to help. Contact one of our experienced attorneys to champion your court case and protect your rights.
When may you be arrested with a warrant?
A police officer may arrest you at any time if he has warrant for your arrest, or if he has knowledge that a warrant for your arrest has been issued.
A warrant is an order issued by a court charging that you have committed a particular crime and directing the Sheriff and all police officers of the state to arrest you and bring you before the court. You may require the officer to read the warrant after you have been arrested.
An arrest warrant should not be confused with a search warrant.
When may you be arrested without a warrant?
A police officer may make an arrest under a variety of circumstances. Among these circumstances are:
- When he knows that a warrant has been issued for your arrest and is still in effect even though the warrant may be held by another police officer.
- When the arresting officer has probable cause to believe that a felony has been or is being committed and that you are the person who has committed or is committing the felony.
- When a misdemeanor is committed in the presence of the officer, or if the officer has probable cause to believe you are DUI, have shoplifted, have committed an act of domestic violence, and other limited instances.
If you have additional questions about being arrested in Kentucky, reach out to one of our knowledgeable attorneys today. We understand how difficult the legal system can be and we are standing by to navigate you through the process.
The officer may employ all reasonable and necessary force to overcome resistance in making a lawful arrest. The legality of the arrest has nothing to do with whether or not you are ultimately convicted. As long as the officer has reasonable grounds for making the arrest at the time of the arrest, you will not later be heard to complain that the arrest was unlawful merely because you were not found guilty.
Resisting arrest is a misdemeanor. You could be convicted of resisting arrest even if you were not found guilty of the crime for which you were arrested.
Obstructing an officer in his duty is also a misdemeanor.
If you believe that your rights are being violated, make it a point to remember exactly what the police officer did and then advise your attorney concerning this at the earliest possible time.
At Busald Funk Zevely, we understand the complexities of the legal system and how to best negotiate your case. Contact one of our Florence, Kentucky criminal law attorneys to learn how we can help you.
While the law of search and seizure is very complex and often will depend on the facts and circumstances in a particular case you should not resist a search with force; however, neither should you consent, in general, to any search. If you do object to a particular search, advise the officer who is conducting it that you do not consent, that you do object to the search and ask him to identify himself.
In most cases involving search and seizure issues, “reasonableness” of the search is the legal test without a search warrant. If police officers arrive at your premises armed with a search warrant they may search only that portion or area authorized in the warrant itself. You are entitled to have a copy of the search warrant and a list of any items found and taken during the search.
Any extension of the search beyond the provision of the warrant would be unlawful, but, your remedy for this lies with the courts and the officer’s efforts should not be resisted with force.
What if you’re at home?
If you are arrested in your home, the officers may conduct a limited search of the immediate area where you are arrested without a search warrant. They may also check the rest of the house for any hidden accomplices. They may seize any contraband or stolen property or instrumentalities or evidence of a crime that they discover in plain view in any portion of the house where the officers have a right to be.
What if you’re in a car?
When you are arrested while driving your automobile, the officer may make a limited search of your car at the time for the purpose of discovering weapons which might be used against them. They may not make a general search of your automobile unless there is a probable cause that the vehicle is carrying the fruits or instrumentalities of a crime or contraband.
Your automobile may also be impounded and inventoried if there is no qualified licensed driver or towing agent to take care of it. If an officer is about to impound your car, tell him that you have a relative or friend that will come get it, or that you have a preference of your own station, etc., to tow your car.
If you believe you have been illegally searched or you have further questions about search and seizure, contact our team to help. We want to ensure you have a strong team behind you, fighting for the protection you deserve.
Kentucky’s no-fault insurance law actually has nothing to do with fault. It is a law about how insurance benefits must be paid in the event of an automobile accident resulting in injury. [Note: No-fault does not apply to damage to your car, which is covered under the “collision “provision of your policy and/or the “property damage liability “provision of the at-fault vehicle’s policy
Under this law, a person involved in an automobile accident must look to the insurance policy on the car in which they were occupying at the time of the accident to collect all amounts up to $10,000 in out-of-pocket losses. As a backup, anyone except the driver of an uninsured vehicle can fall back on his or her own insurance No-fault benefits are also known as Personal Injury Protection or PIP.
These out-of-pocket costs include medical bills, prescriptions, a limited benefit for lost wages, funeral bills up to $1000, and “survivor’s loss of services”. The wage loss benefit on most policies is capped at $200 per week. Added coverage (called “added PIP”) is available on request. Added PIP can also be “stacked,” creating more than the “basic coverage” of $10,000. Basic coverage up to $10,000 cannot be stacked.
It is called “No-Fault” because this coverage applies to every person involved in a wreck in the Commonwealth of Kentucky, regardless of fault. An at-fault driver is entitled to No-Faults the same as any other person injured in a car wreck.
If you have questions about Kentucky’s no-fault insurance law, contact one of our auto accident attorneys today. You deserve representation from a lawyer who will be fully committed to your situation and work hard to achieve the best possible results. At our firm, we strive to meet your goals in every way possible.
If you are injured in an automobile accident you must first notify your own insurance company. If you were not in your own car, then the insurance company covering the car you were in must be notified. If you were a pedestrian, then you must contact the insurance company for the vehicle that struck you. If the insurance company for the vehicle that struck you is unknown or if the vehicle that struck you is not insured, then you must contact your own insurance company.
Once the insurance company responsible for your PIP has been contacted, they will require you to complete a No-fault/PIP application. This application must be filled out, signed, and returned to the company in order to qualify for No-fault/PIP benefits.
Additionally, you will have to complete and sign authorizations for the insurance company to obtain your medical and payroll records. The insurance company will have to be provided copies of itemized medical bills, pay stubs, W-2 forms, doctors’ statements and statements from your employer. Once the insurance company has all the required information it is required to make payment within 30 days.
If you or a loved one has recently been involved in a Northern Kentucky car accident, contact Busald Funk Zevely for dedicated representation that will fight to achieve the best possible results.
Many times you can collect these benefits from your own insurance company without an attorney. Although the application form seems simple, there are some questions that can create problems if answered incorrectly.
However, you also may need to proceed against an at-fault driver and their insurance company. If that is the case, then it is strongly recommended that you hire an attorney. In all cases, consultation with an attorney is recommended.
If you or a loved one has recently been involved in a car accident in Northern Kentucky, contact one of our personal injury attorneys to answer your questions.
The insurance company cannot automatically require you to be examined; however, it can file a petition in court, for good cause, to require such an examination. This is not a common occurrence.
If an insurance company is requiring a medical examination, it could help or hurt your case. If you or a loved one has recently been involved in an auto accident in Boone County, contact one of our knowledgeable and experienced personal injury attorneys today. We are here to help ensure you are fairly compensated for damages.
In most cases, you will not be required to make a statement, but some insurance companies may request it.
If you are required to make a statement, it is best to consult with an attorney before you call the insurance company. Our team at Busald Funk Zevely is here to guide you through the process and ensure you are fairly compensated. Contact us today with any questions you may have.
Each state of the United States has a residency requirement in effect for the filing of an action to dissolve a marriage.
Kentucky requires that an individual must have been a resident of the Commonwealth of Kentucky for at least six months prior to the filing of any such proceeding.
A dissolution of marriage proceeding is filed based upon the residence of the parties as opposed to the site where the marriage occurred.
A dissolution of marriage involves many complicated emotions and changes. At Busald Funk Zevely, we’re here to guide you through the legal process so you can focus on what matters most: starting fresh. Contact one of our Boone County divorce lawyers today to learn how we can work together through this difficult time.
To initiate a dissolution action in the Commonwealth of Kentucky, a party files a Petition for Dissolution of Marriage. The initial document contains primary factual information regarding the parties and their minor children, if any, and their request for relief.
In the Petition, which is the initiating document filed with the Court, the party must allege the marriage is irretrievably broken and there is no prospect for reconciliation between the parties. After the action is filed, the moving party must give notice to the other side.
Notice is given in one of three ways – service of the Petition by the sheriff; service of the Petition by certified mail by the clerk of the county where the action was filed; or the other side executes a waiver of notice and entry of an appearance. It is usually after this process the party will, if needed, file motions for temporary relief with the Court.
The motion may address various issues which include, but are not limited to custody, child support, maintenance, exclusive use of houses or cars or to require somebody to maintain medical insurance on the parties during the pendency of the action. This list is clearly not exhaustive, but only covers some of the issues which can be raised by a motion before a Court.
At Busald Funk Zevely, our team is dedicated to ensuring the best possible results for our clients, especially during an emotionally exhausting event like a divorce. If you are seeking a dissolution of marriage, be sure to contact one of our Northern Kentucky family law attorneys today.
The guiding principle in a proceeding to dissolve a marriage is to ensure an equal division of the parties’ property, not only their assets, but also their liabilities. This does not necessarily mean an equal division of the property.
The division of property includes both real, i.e., land, and personal property, i.e., household furniture, belongings, etc. In the event the parties can arrive at an agreement as to the division of their property and debts, the Court has the authority to approve such an agreement.
In order to determine an equitable division of property and debts, the Court considers a number of factors outlined by the state law or prior judicial case law.
Any judicial decision must first include a determination as to what assets and liabilities constitute marital property subject to division. If a party can show that some of the property which was accumulated during the course of the marriage was a non-marital property that belonged to that party, then, obviously, that property would not be subject to division by the Court.
If you’re considering filing for a dissolution of marriage, our divorce lawyers are here to help. At Busald Funk Zevely, we partner with our clients and fight to ensure we reach the best possible result. If you have questions about a dissolution of marriage in Boone County, contact us today.
An uncontested dissolution of marriage proceeding is based upon a full and complete agreement by and between the marriage partners. Both parties must be in complete agreement as to the division of all property, the payment of all debts, the allocation of parental rights regarding the parties’ minor child or children and the amount of child support.
During a hearing of an uncontested divorce, the moving party must testify the marriage between the parties is irretrievably broken and that there is no prospect for reconciliation. The proposed separation agreement the parties have entered into must be approved and made an Order of the Court. Again, in an uncontested dissolution of marriage, the parties have reached an agreement regarding all issues which are pending before the Court.
A contested dissolution of marriage occurs when the parties are unable to reach a complete agreement regarding the issues presently pending before the Court. The parties may disagree regarding the division of certain assets, the payment of certain debts, the issues of custody and child support and any other issues that may be pending before the Court.
If the dissolution action is contested, the parties and their respective counsel argue the issues and their client’s position to the Court and the Court issues a final decision regarding the issues that were in dispute.
At Busald Funk Zevely, we work with honesty, compassion, assertiveness, and most importantly, experience. If you’re considering filing for a dissolution of marriage in Northern Kentucky, contact one of our family law attorneys to see how we can work together.
A decree of dissolution of marriage provides for a termination of the marital relationship as well as a division of the marital property, including both assets and debts. This decree is binding upon the parties to the dissolution action. The failure by one party to comply with its terms may result in that particular party being held in contempt and subject to certain sanctions and penalties imposed by the Court.
However, a decree of dissolution is not binding upon a third party creditor as said creditor is not a party to the dissolution of marriage proceeding. A third party creditor may still elect to pursue its collection and enforcement remedies despite what is contained in the decree of dissolution. Thus, the third party creditor may pursue appropriate remedies against any party with whom it has a contractual relationship and is not bound to follow the terms of the decree of dissolution which has been signed by the parties.
If you have any questions about the dissolution of marriage in Boone County, Kentucky, contact one of Busald Funk Zevely’s family law attorneys today.
