Why is it important for companies to publicly support the LGBTQ community? Why should companies partake in Pride festivities? I can’t speak for other businesses. I can only speak for myself and for Apollo Law, PLLC. For my law firm, Capital Pride is a yearly opportunity to celebrate the best of Frankfort. Specifically, our love and support for our local community.

In August of 2013, Frankfort Kentucky’s capital became the fifth city in the state to adopt an ordinance prohibiting discrimination in housing, employment and public accommodations based on sexual orientation. With the 3-2 passage of the ordinance by its city commission, Frankfort joined Lexington, Louisville, Covington, and Vicco in Perry County as cities with similar ordinances.

Under the ordinance, complaints of discrimination based on sexual orientation or gender identity would go to the mayor or a designated fairness officer, who would work to resolve the dispute.

If that is unsuccessful, the person alleging discrimination could file a formal complaint with the seven-member Frankfort Human Rights Commission, which was created by the ordinance.

Mayor Bill May and commissioners Katie Flynn Hedden and Tommy Haynes voted for the ordinance. Commissioners Robert Roach and Lynn Bowers opposed it.

As a member of the Frankfort Community, but more so as a decent human being, I believe that ALL city commissioners should have supported the fairness ordinance passed in August of 2013. To this end, Apollo Law sponsors Capital Pride for the second year in 2018. Apollo Law, additionally is treasurer and supporter of Eric E. Whisman’s campaign for City Commissioner. Apollo Law supports other candidates whom support the fairness ordinance in Frankfort and Capital Pride.

What Pride Means to Me?

My family is diverse. My stepmother is black and I have three elder black step-brothers. I have an older white half-brother, a white younger half-sister, and a twin brother. I was raised during my formative years by a gay man. I am proud of my family’s diversity. I am the man I am today because of my family.

I have seen prejudice, not directed at myself as a heterosexual white male, but at my family in general. When my family moved to West Union, Ohio I can vividly remember our neighbors breaking the windows in our cars because my family was different. I remember the local police pulling over my brother’s car when they were driving but not so much as being stopped when I was driving. And I am certain, because of my privilege, that I missed so much more that my family had to endure.

I have been fortunate and blessed to have a loving family and wonderful friends. Throughout my undergraduate and graduate education I was fortunate in having friends from all walks of life: gay, straight, or otherwise. Most of these friends still tolerate my nerdy, and at times, socially awkward self to this day.

In law school, I joined and was an active member of Outlaw, the LGBTQ law group at my school. Listening to my  friends tell their coming out stories in law school and celebrating afterwards was inspiring and touching. Since law school, other family members and friends have come out to me and those that they cared about. I believe that we are our best selves when we are honest with the people that we care about.

I have attended Lexington Pride with my friends and family for nearly five years now. I am thrilled to be able to take my family to Capital Pride for a second year in Frankfort. My daughter Claire, whom just turned five, really enjoyed herself last year at the Apollo Law booth at Capital Pride. My mother, wife, and friends were all at Capital Pride last year and had an amazing time.

To me, simply put, Pride is celebrating love with my family, friends and community.

What I Am Excited About At This Year’s Capital Pride?

Capital Pride is growing and improving every year. I really look forward to Capital Pride being a staple of Frankfort’s annual community events. Every local business should sponsor and participate. Frankfort is the Commonwealth’s Capitol and our Pride Festival is perhaps that much more meaningful because of our location and rich history. On October 13, 2018 from 11AM to 5PM the Old State Capital lawn will be filled with entertaining events, amazing local venders and organizations. Capital Pride is a free family-friendly LGBTQ+ Pride festival that will feature drag shows and other entertainment. There will also be children’s entertainment, Pride merchandise, a vendor fair and food trucks. I look forward to seeing you at Capital Pride this year!

Arranging a power of attorney for your parent is a good way to open up a discussion with them about their wishes and needs for the future.

With a power of attorney in place, you can be confident that you’re prepared and your parent’s wishes will be respected when they need help. In this guide, we’ll explain the types of power of attorney, when a POA for an elderly parent makes sense, and go through the steps of choosing and setting up a power of attorney so that you feel prepared to complete this process for your loved one.

Power of Attorney: The Basics

At its most basic, a power of attorney is a document that allows someone to act on another person’s behalf. The person allowing someone to manage their affairs is known as the principal, while the person acting on their behalf is the agent. It’s important to note that POAs are generally governed by state law and there may be some differences between states. Generally, these differences are minor, but when arranging a POA, it’s important to talk to an attorney who understands the law in your state.

You also need to understand what a POA cannot do. A POA only allows someone to do the things that are agreed upon within the document. If your parent signs a POA allowing someone to act on their behalf, they can still act on their own behalf so long as they retain the capacity to do so. An agent doesn’t have the exclusive right to act and make decisions for the principal.

Additionally, agents must act as fiduciaries. This means that if you’re the power of attorney for your parent, you must manage their affairs to their benefit, not your own. The Consumer Financial Protection Bureau has advice about the legal responsibilities that agents agree to when signing a POA. You should remember that your authority as an agent is limited to what the document and the state allow.

Why Do You Need a Power of Attorney?

A power of attorney allows someone else to take care of your parent’s affairs. It can be temporary, for example paying bills while someone is on a long vacation, or lasting, such as making medical decisions after a car accident. As parents get older, it makes sense to be prepared for health issues that may mean they need help. A POA allows children, or another agent, to step in when the need arises.

Common Reasons to Seek Power of Attorney for Elderly Parents

• Financial Difficulties: A POA allows you to pay the bills and manage the finances for parents who are having difficulty staying on top of their financial obligations.
• Chronic Illness: Parents with a chronic illness can arrange a POA that allows you to manage their affairs while they focus on their health. A POA can be used for terminal or non-terminal illnesses. For example, a POA can be active when a person is undergoing chemotherapy and revoked when the cancer is in remission.
• Memory Impairment: Children can manage the affairs of parents who are diagnosed with Alzheimer’s disease or a similar type of dementia, as long as the paperwork is signed while they still have their faculties.
• Upcoming Surgery: With a medical POA, you can make medical decisions for the principal while they’re under anesthesia or recovering from surgery. A POA can also be used to ensure financial affairs are managed while they’re in recovery.
• Regular Travel: Older adults who travel regularly or spend winters in warmer climates can use a POA to ensure financial obligations in their home state are managed in their absence.

Setting Up a Power of Attorney For an Elderly Parent

It’s important to understand the basics of a power of attorney before you set one up. Read this guide carefully and look for other information from trusted sources such as government departments. Many states have elder law specialists available to give free or low-cost advice to seniors. These lawyers have plenty of experience arranging power of attorney documents and understanding local laws. You can check with your local Area Agency on Aging if you need legal help.

When you’re ready to set up the POA, follow these steps:

• Talk to Your Parents: Discuss what they need in a POA and what their wishes are when it comes to their finances and health care. You must also confirm their consent and make sure they agree with everything discussed.
• Talk to a Lawyer: Everyone who gets a POA has different needs and the laws are different in each state. It’s important to get legal advice so that your parent’s wishes are taken into consideration and the document is legal.
• Create the Necessary Documentation: Write down all the clauses you need that detail how the agent can act on the principal’s behalf. This ensures your parent’s wishes are known and will be respected. Although you can find POA templates on the internet, they are generic forms that may not stand up to legal scrutiny and probably won’t have all the clauses you require.
• Execute the Agreement: Sign and notarize the document. Requirements for notarization and witnesses differ, so make sure you check what’s required in your state.

A POA can give you and your loved one peace of mind that someone can manage their affairs in an emergency. You can visit this Caring.com for the complete article.

No matter the reasons, getting arrested for driving under the influence can have major ramifications. It’s important to consider the long-term consequences, as the impact of this mistake can extend far beyond the moment. Even though it may seem like a simple misstep, it can cause a chain of events that will reverberate into the future.

First, seek legal counsel. If you decide to go to trial, a criminal defense lawyer can represent and advocate for you by helping you understand your rights and available options. Choose to enter a guilty or no contest plea in exchange for cooperation with prosecutors in future instances. Your lawyer might be able to bargain for a shorter sentence.

Second, find a DUI school to help you get back on the road as safely as possible. Many schools offer alcohol abuse treatment and other programs that can help overcome addiction and learn proper driving skills. Consider enrolling in an online program if you can’t find a school in your area.

Finally, remember that there is always hope for rehabilitation and redemption after receiving a DUI in Kentucky. People are likely to forgive and forget when you accept responsibility for your actions and put in an effort to turn your life around.

If you have been arrested for driving under the influence, you can take steps to protect your legal rights and ensure a positive outcome in the end.

1. Be Polite and Protect Your Rights

Always be courteous when interacting with law enforcement, particularly when you are stopped for suspicion of driving under the influence in Kentucky. However, being polite does not mean you should let officers do whatever they please.

Do not give the police any evidence that could be used against you. You have the right to remain silent, and it is recommended that you exercise this right. You do not have to answer questions related to where you have been, your destination, or if you have consumed any alcoholic beverages.

2. Contact an Attorney

After obtaining the DUI, it is important to contact an experienced attorney as quickly as possible. An experienced attorney can help defend your rights and ensure that you are treated fairly by the court. A lawyer can help you navigate the legal system and protect your rights. It is important to find an attorney familiar with the vehicular offenses and DUI laws in Kentucky, as they can vary from state to state.

3. Avoid Taking Sobriety Tests and Searches

We highly advise all drivers to avoid participating in any roadside sobriety tests, such as agility tests and eye movement tests. These tests will never work in your favor and are also seen as voluntary tests. Furthermore, Kentucky law allows police to arrest you on drunk driving charges even if you do not fail a breath or blood test.

You can simply decline the test or let the officer know you would like to discuss it with your attorney. Additionally, we recommend not consenting to a breath, blood, or urine test, as well as a search of your vehicle, until speaking to a lawyer. Results from these tests are often unreliable and if found above the legal limit, it would be another piece of evidence used against you in court.

4. Take a Look at Your Vehicle’s Records

Once you’ve been arrested for driving under the influence, law enforcement may impound your vehicle as evidentiary material. Make sure to obtain copies of all vehicle records, including titles, registration, and insurance information. This information can help prove ownership of the car if it is seized during a criminal case.

5. Write Down the Details of Your DUI Stop

When you get a spare moment, take the time to write down everything you remember about the events leading up to your arrest. Start at the moment you are stopped by the police and continue until the moment you are released.

Include as much detail as possible, such as: what caused the officer to notice you in the first place, what the officer said to you, what the officer asked you to do, if the officer searched your vehicle without your permission, if the officer read you your rights, and if the officer allowed you to contact an attorney or family member. It is important to document all of these details as they may be critical in your defense.

6. Attend a DUI School Course

Attending a DUI school course is essential for anyone who has received a DUI. This course can be conducted in person or online and typically lasts eight hours. It covers topics such as the effects of alcohol on driving, the legal consequences of driving under the influence, and tips for making safe decisions when operating a vehicle. This course will give you the necessary knowledge to follow the law and stay safe while driving.

7. Pay Court Fines and Fees

Drivers who are found guilty of DUI must deal with their behavior’s legal and financial repercussions. One of the most common consequences is the requirement to pay fines and fees associated with a DUI conviction. Depending on the severity of the offense, fines and fees may include court costs, restitution, probation or parole fees, and other costs determined by the court. Individuals must understand the fines and fees they must pay to avoid further legal trouble.

Conclusion

Receiving a DUI can be stressful and expensive. However, it is important to take the necessary steps to ensure compliance with all relevant laws and regulations, as failure to do so, could result in even more serious consequences. Knowing your rights, understanding the legal process, and staying informed about any potential changes to DUI laws in Kentucky can help you successfully navigate the situation.

Following these steps will help protect your rights and avoid additional penalties if you are guilty of DUI.

About the Author

Lauren Kunis is the Content Marketing Strategist for Stonewall Institute, an outpatient alcohol and drug treatment center that focuses on a holistic, individualized approach to addiction recovery. She loves reading books, traveling, and going on hiking adventures with her dog Max.

Arraignment:

• Motion to Dismiss Charges, Double Jeapardy, US 5th Amendment, KY Section 13, KRS 505.
• Motion to Dismiss Charges, Lack of Probable Cause on Citation, RCr 3.02(2) While Apollo Law beleivs such motions SHOULD be granted and these motions are filed somewhat regularly, as the Commonwealth may in some jurisdictions, commonly bring charges alleging no crime what-so-ever. That said, some case law in the Commonwealth indicates such motions should be denied by the Court because of “Speration of Powers” arguments and that the proper time to address such issues is during “Directed Verdict Motions” at trial. However, waiting for such motions to be heard at trial for frivilous criminal cases is burdensome of Defendant’s, the judicial system as a whole, and on tax payers. Often times these motions will force the Commonwealth to look at the weaknesses in their cases for the first time and may lead to a dismissal, an improved offer, or some other benefit.
• Motion to Dismiss Charges, No review for Probable Cause within 48 Hours
• Motion to Dismiss Charges, Statute of Limitations, KRS 500.050
• Motion for an Interpreter, KRS 30A.410
• Motion for ROR Bond, RCr 4.10
• Motion for Bond to be set at “least onerous conditions,” RCr 4.12 Motion for an Adversarial Bond Hearing is the general motition filed in this instance. Typically only helps if there are good facts to support a bond reduction.
• Motion for Competency Evaluation, RCr 8.06
• Motion to Advise Defendant of Rights under the Vienna Convention
• Motion to Advise Co-defendants of Potential Conflicts, RCr 8.30(1) At Apollo Law we address such issues by either having clients sign Conflict Waiver Agreements or we refer potential clients out other reputable local attorneys when conflicts can not be waived.

Representation:

• Notice of Appearance and Assertation of Rights At Apollo Law we file such notices routinely in every case we are retained on and have time to file. Some clients hire us at the last minute before their court appearance and we have to suppliment the record with such filings after court. In practice, it is generally better to hire an attorney well in advance of a pending court date. It is important for all parties to know that you are represented and how best to contact your attorney.

Preliminary Hearing:

• Motion to Discharge Defendant, Proceed by Indictment Only, 10 Day Rule, RCr 3.10 By rule the Commonwealth has 10 days to conduct a preliminary hearing (probable cause hearing) in criminal cases after you are arraigned. The Commonwealth has 20 days to hold a hearing if the Defendant is out of custody. Time can be, and is some times waived in these cases when it is in the Defendant’s best interest to do so.

Grand Jury:

• Motion to Discharge Defendant, No True Bill, RCr 5.22
• Motion to Discharge Defendant, Adjournment of Grand Jury, RCr 5.22
• Motion to Discharge Defendant, Faile to Indict within 60 Days, RCr 5.22
• Request to Submit Evidence, RCr 5.08

Indictments:

• Motion to Quash the Indictment, RCr 8.20, RCr 6.06
• Motion to Dismiss for Failure to State an Offense, RCr 6.10. RCr 8.18′
• Motion to Dismiss for Lack of Jurisdiction, RCr 8.18
• Motion to Dismiss, Impropper Venue, KRS 452.510
• Motion to Dismiss, Indictment Only Charges Misdemeanors, KRS 24A.110, RCr 5.20
• Motion to Dismiss, Statute of Limitations Has Lapsed, KRS 500.050
• Motion to Dismiss Chargess Used Twice to Enhance Other Charges
• Motion to Dismiss, Double Jeopardy
• Motion to Dismiss, Improper Transfer to Circuit Court, KRS 635.020
• Motion to Dismiss, Improper Automatic Transfer to Circuit Court, Aprendi v. N.J.
• Motion to Dismiss, Statute Unconstitutional, CR 24.03, KRS 418.05 Must be served on the Attorney General As Well
• Motion to Dismiss, Improper Formation of Jury Pool, Grand Jury, KRS 29A.040

Bill of Particulars:

• Motion for Bill of Particulars, RCr 6.22
• Multiple/Joined Counts:
• Motion for Severance (of multiple counts), RCr 9.16, RCr 6.18, RCr 6.20
• Co-Defendants:
• Motion for Severance (of the joined trial), RCr 9.16, RCr 6.18, RCr 6.20
• Motion to Redact Statement of Co-defendant
• Motion to Exclude Statement of Non-testifying Co-Defendant, Crawford v. Washington
• Change of Venue
• Motion for Change of Venue, KRS 452.210, KRS 452.230

Recusal:

• Motion to Recuse, Judge, KRS 26A.015(2) Like all motions, this one should only be filed when you have a good faith basis for the motion and have evidence that the judge can not be fair and impartial in your case.
• Motion to Recuse, Prosecutor, KRS 15.733

Speedy Trial:

• Notice of Assertion of Right to a Speedy Trial, 6th Amendment, Ky Constitution Section 14
• Motion to Dismiss for Lack of Speedy Trial, see also KRS KRS 500.110 and KRS 440.450

Jury Trial:

• Motion for a Jury Trial in Petty Offenses, KRS 29A.270(1), RCr 9.26(1)

Bench Trial:

• Motion for a Bench Trial/Waiver of Jury Trial, RCr 9.26(1)
• Motion to Dismiss (directed verdict), CR 41.02(1)
• Adversarial Bond Hearing:
• Motion for Adversarial Bond Hearing, RCr 4.40(1)
• Suppression of Evidence:
• Motion for Suppression Hearing, RCr 8.27, 8.18, KRE 104(c)

Evidence:

• Motion to Preserve
• Motion to Inspect Evidence Held by the Commonwealth
• Motion for Defense Testing of Evidence
• Continuance:
• Motion for Continuance w/Affidavit, Showing Due Dilligence, RCr 9.04
• Motion for Continuance, Discovery Violation, RCr 7.24(9)
• Recognizance of Witnesses, RCr 3.20

Discovery:

• Discovery Inventory
• Motion to Opt Out of Automatic Reciprocal Discovery As Normally Ordered by the Court
• Motion to Compel Discovery, RCr 7.24
• Motion to Dismiss for Discovery Violations, RCr 7.24 (9)

Depositions:

• Motion to Depose Witness, RCr 7.06, et seq.

Witnesses:

• Motion to Close Proceedings
• Motion to Separate Witnesses under The Rule, KRE 615
• Motion for Competency Hearing, KRE 601, 602 It can take up to half a year or more to have a defendant evaluated by KCPC which the Commonwealth is entitled to ask for if competency issue is raised. Private experts may also be retained to evaluate competency and criminal responsibility and tend to better inform the Defense team

Experts:

• Ex Parte Motion for Funds, KRS 31.185
• Motion for Daubert Hearing

Competency:

• Motion for Competency Evaluation, RCr 8.06
• Motion for Defense Expert
• Ex Parte Motions for Funds, KRS 31.185

Counselling Records:

• Motion for in camera Review of Counselling Records

Motions In Limine:

• Motion to Exclude on Grounds that Evidence Will not Help the Jury Find the Truth, Will be Needlessly Repetitive, Mislead or Confuse the Jury, Unduly Prejudicial, KRE 102, KRE 611(a), KRE 403
• Motion to Exclude Hearsay, Improper Bolstering
• Motion to Exclude Social Worker Hearsay
• Motion to Exclude Investigative Hearsay
• Motion to Exclude Hearsay in the Form of Prosecution Charts or Exhibits
• Motion to Exclude Co-Defendant hearsay, Crawford v. Washington
• Motion to Redact Hearsay on Audio or Video
• Motion to Exclude Prosecution Transcripts of Audio or Video
• Motion to Exclude Improper Rebuttal Evidence, RCr 9.42
• Motion to Require Commonwealth to Elect Charges (double enhancement)

Avowals:

• Motion to Make an Avowal, KRE 103(a) (2)

Jurors:

• Motion to Dismiss Improperly Formed Jury Pool, KRS 29A.040
• Motion to Strike, RCr 9.36(1), KRS 29A.290(2)(a)
• Motion for Additional Defense Peremptory Strikes, RCr 9.40, KRS 29A.280(1)
• Batson Challenge to Prosecution Use of Peremptory Strikes
• Notice of Jurors Defense Would have Struck with Peremptories if Other Jurors Had Been Properly Struck for Cause (Must be on Strike Sheet)
• Motion to Sequester, RCr 9.66
• Motion to Transfer Jurors to Crime Scene
• Motion to Vire Dior Juror on Improper Contact with Witnesses, KRS 29A.310(2)
• Motion to Poll the Jur, RCr 9.88

Directed Verdict:

• Motion for Directed Verdict, End of Prosecution Case, permitted, CR 50.01 We prefer to file these motions in writing when possible. Often times they are made orally during the trial if there is no opportunity to prepare written motions during the trial before the close of the Commonwealth’s evidence
• Motion for Directed Verdict, End ofAll Evidence, mandatory, CR 50.01
• Objection to Giving Instructions on greater Charge when Proper Charge is lesser Included Offense and Defense Tenders Instructions on Lesser Included Offense
• Motion for Judgment Notwithstanding the Verdict, RCr 10.24 (a renewed motion for directed verdict, within 5 days of verdict)

Instructions:

• Presumption of Innocence (mandatory), RCr 9.56(1)
• Motion to Instruct on Defendant Not testifying, RCr 9.54(3)

Sentencing:

• Motion for Waiver PSI, Defendant in Custody, RCr 11.02(1)
• Motion for Directed Verdict, PFO, CR 50.01
• Motion to Amend PSI, KRS 532.050(6)
• Motion to Inspect Victim Impact Statements, RCr 7.26
• Motion to Specify the Defendant is Not a Violent Offender or Offense Did not Include Serious Physical Injury, KRS 439.3401(1)

Judgments:

• Motion to amend Judgment, Cr 60.01

New Trial:

• Motion for New Trial, RCr 10.06, CR 59.01, CR 60.02

Appeals:

• From District Court Ruling on Bail, RCr 4.43(2), KRS 419
• From District to Circuit, CR 72
• From Circuit Court Ruling on bail, RCr4.43, CR 76.06, CR 76.12
• Motion to Stay Execution of Sentence, RCr 12.76
• Motion for Bail, RCr 7.28
• Motion/Order to Proceed in forma pauperis, KRS 453.190, KIRS 31.110(2)(b)
• Notice of Appeal, RCr 12.04
• Motion for Extension of Tiem, CR 73.08
• Designation of Record
• Motion to Photograph large Exhibits for Appellate Record, CR 75.07(3)

Juvenile:

• Motion to Proceed under Rule of Criminal Procedure, KRS 610.015(1)
• Motion to Exclude Persons from Proceedings, KRS 610.070(3)
• Motion for a Jury Trial
• Motion for Review of DJJ Custody
• Motion to Waive Disposition
• Motion for Competency Evaluation, RCr 8.06
• Ex parte Motion for Funds, KRS 31.185
• Appeal of District Court Dispositions, KRS 610.130

Habeas Corpus:

• Petition for Writ of Habeas Corpus Seeking Release of Individual Detained without Due Process, KRS 419

Writs of Prohibition, Mandamus:

• To Circuit Court Against District Court, CR 81
• To Court of Appeals Against Circuit Court, CR 76.36
• Against Custodians of Prisoners of Hospitals, KRS 419, KRS 202A.151
• Against an Administrative Body, CR 81

Those who are arrested for drunk driving, especially first-time DUI offenders, are often given less harsh punishments on the condition that they attend a drug and alcohol treatment program. The court does not want to see repeat offenders; so, instead of putting people in jail, they are offered an opportunity to learn how to better handle their drug and alcohol use.

How Long Does DUI School Take?

The length and number of in-person or classes that you have to take can vary depending on the nature and extent of your crimes. Repeat offenders and people with high BAC levels usually have to take longer courses than others.

In some cases, the court may ask you to go through a DUI assessment to evaluate the severity of your drug/alcohol problem and then determine the number of classes you need based on the results.

What to Expect from DUI Education Classes

The goal of DUI education is to make people understand the dangers of DUI and help them come to terms with their substance or alcohol abuse problem, so they can have it under control.

Some of the things that you are likely to learn from DUI school includes:

• How to make better decisions
• How to drink responsibly
• How to identify the triggers behind alcohol or drug use
• Evaluating your social circle
• The serious repercussions of future DUI offenses

Most of the time, people attend DUI school to comply with the penalties of their DUI conviction and get their driver’s license reinstated. However, you may also voluntarily enroll yourself to a DUI education program for your personal benefits.

In-Person DUI Classes vs Online DUI Classes

If your schedule or circumstances make it hard for you to attend a face-to-face DUI class, you may choose to take the classes online. With the way things are right now, the latter seems to be the more viable choice.

The infographic below can help you decide whether an in-person or an online DUI class suits you better.

Since 2017, the Odd Fellows Market has served to highlight local artists, entrepreneurs, and nonprofits. While preference is given to locals, vendors from surrounding communities are invited and encouraged to participate. The Market features live music, food, family activities, and a beer garden featuring local breweries. It’s our desire to create a fun and lively atmosphere for patrons and vendors alike.

The Market is a way for the Odd Fellows Capital Lodge to give back to the community we love. It allows both small start-ups and established businesses the opportunity for exposure to new clients and audiences. By offering low vending fees we hope to increase entrepreneurial opportunities for businesses that cannot afford full brick and mortar locations.

In addition to our attorney Jason Hart being a member of the Odd Fellows, Apollo Law is a proud sponsor of the Market. We have a strong desire for a healthy and robust community in Frankfort and so we try to do our part when we can to support our community.

For more information about the Odd Fellows Market, including a calendar of events and vendor information, please visit: https://frankfortmarketky.com/

About the Independent Order of Odd Fellows (IOOF)

The Independent Order of Odd Fellows is an organization which aims to provide a framework that promotes personal and social development. IOOF Members are dedicated to the following purposes:

To improve and elevate the character of mankind by promoting the principles of friendship, love, truth, faith, hope, charity and universal justice.

To help make the world a better place to live in, by aiding each other, the community, the less fortunate, the youth, the elderly, and the environment in every way possible.

To promote good will and harmony amongst peoples and nations through the principle of universal fraternity, holding the belief that all men and women regardless of race, nationality, religion, social status, gender, rank and station are brothers and sisters.

Members of the Capital Lodge work hard to ensure the Odd Fellows Market upholds these values and creates an environment in Frankfort for people to join in fellowship with our neighbors to build a strong, vibrant, and more cohesive community.

At Apollo law, we emphasize how important it is for clients to adhere to the advice given by of our lawyer, especially in regards to a few basic items we instruct every client to follow. The basic advice we provide is not mere lawyerly suggestions, they are specific items of legal advice and are grounded in the most fundamental concepts of criminal defense representation. If you have retained Apollo Law to represent you in a criminal matter, please contact us with any questions you have about any portion of the following advice.

You should never answer any questions posed by a police officer, court official, lawyer, or any other person outside the presence of your attorney. You are represented by counsel and you should direct those individuals who want to question you to your attorney.

Never initiate or participate in general conversations about your case. Family, friends and many others may show and interest in your case. They may want to get you to talk about the case at some point in time. Our advice is it absolutely speak to nobody about your case until and unless your attorney advises you to do so.

• Never hide or destroy anything which may be evidence against you in your case.
• Never contact a witness or potential witness unless your attorney advises you to do so.
• Never contact a juror or potential juror, ever!

Always call your attorney if a circumstance arises which you believe may adversely affect your case. Let your attorney know if something happens to you or a family member which causes a significant change in your circumstances.

• Do not place yourself in jeopardy of being arrested for additional criminal charges while current charges are pending.
• Do not approach any judge or prosecutor about your case, and do not send third persons to make such contact for you.
• Do not speak with the press unless you and your attorney have specifically discussed the idea and determined it a good course of action.

Always assert your constitutional rights to remain silent and to have an attorney present if anyone should want to question you, detain you, or conduct a search of your person or property. Never allow yourself to be intimidated or talked into waiving your rights.

Nothing good comes from talking to law enforcement on your own. Seemingly innocent bits and details from conversation can later be used to attempt to prove your guilt or destroy your credibility in the courtroom. When you are facing criminal charges, you have the right to remain silent and avoid self incrimination. It’s vitally important to have your criminal defense lawyer present when dealing with law enforcement.

If you are facing criminal charges, it’s important to have a Kentucky Criminal defense lawyer who understands the complex legal system and who fight for your rights. Contact Apollo Law today by using the contact form below or calling.

Shock Probation in Misdemeanor Cases

Ky. Rev. Stat. Ann. § 439.267, is the law that governs shock probation in misdemeanor cases. Misdemeanors are of course cases that are punishable by (twelve) 12 months or less in the county jail or detention center. The statute permits any district or circuit court to grant shock probation “upon motion of the defendant made not earlier than thirty (30) days after the defendant has been delivered to the keeper of the institution to which he has been sentenced.” The court may “suspend the further execution of the sentence and place the defendant on probation upon terms as the court determines.”

The trial court is required “within sixty (60) days of the filing date of that motion, and shall enter its ruling within ten (10) days after considering the motion.” You may, in the discretion of the trial court, have the right to a hearing on any motion he or she may file, or have filed for him or her, that would suspend further execution of sentence.

If the court denies your motion for shock probation, it is not reviewable on appeal.

It is important that the court and the prosecution be provided with some reason why you should be granted shock probation. Did you complete a note worthy program at the jail or detention center? Did you get into a substance abuse treatment program? Did you pay a substantial portion of your restitution and line up employment to pay the rest? Have you come up with a plan to avoid returning to jail or committing new criminal offenses?

Certain Misdemeanor Sex Offenses

If you have been convicted of a misdemeanor offense under KRS Chapter 510 (sex offenses), or criminal attempt to commit any of these offenses under KRS 506.010 (sex offenses), prior to considering the motion to suspend the sentence, the court may, for a misdemeanor offense order an evaluation by a sex offender treatment program.

Felony Shock Probation

Ky. Rev. Stat. Ann. § 439.265, governs shock probation in felony cases. A felony is any criminal charge punishable by more than a year in prison. “Any Circuit Court may, upon motion of the defendant made not earlier than thirty (30) days nor later than one hundred eighty (180) days after the defendant has been incarcerated in a county jail following his conviction and sentencing pending delivery to the institution to which he has been sentenced, or delivered to the keeper of the institution to which he has been sentenced, suspend the further execution of the sentence and place the defendant on probation upon terms the court determines.”

Time spent on any form of release following conviction shall not count toward time required under this section.

The court shall consider any motion filed within sixty (60) days of the filing date of that motion, and shall enter its ruling within ten (10) days after considering the motion. You may, in the discretion of the trial court, have the right to a hearing on any motion for shock probation.

Like misdemeanor shock probation, the circuit court’s decision is not reviewable on appeal.

The same arguments for shock probation in misdemeanor cases apply in felony shock probation. However, you should have an even stronger argument for why the Court should probate you on your felony offense.

Placement In A Local Jail Until Shock Motion Is Ruled On

During the period in which you may file a motion for shock probation, the sentencing judge, within his or her discretion, may order that you be held in a local detention facility that is not at or above maximum capacity until such time as the court rules on said motion. During this period of detention, and prior to the court’s ruling on said motion, the court may require you to participate in any approved community work program or other forms of work release. If you are held in the county jail you shall not be subject to transfer to a state correctional facility until the decision is made not to place the you on shock probation.

Concerning community work programs or other forms of work release shall apply only to individuals convicted of Class C or Class D felonies, and may be granted only after a hearing at which the Commonwealth’s attorney has the opportunity to present arguments in favor or opposition thereto.

Certain Felony Convictions Do Not Qualify For Shock Probation

If you are a violent offender (as defined in KRS 439.3401), the sentence can not be probated. You are not eligible for probation if you have been convicted of:”1. A violation of either KRS 507.040 or 507A.040 and a violation of KRS 189A.010 arising out of the same incident; or2. A violation of either KRS 507.050 or 507A.050 and a violation of KRS 189A.010 arising out of the same incident.(5) If [you have] been convicted of an offense under KRS 510.050, 510.080, 530.020, 530.064(1)(a), or 531.310, or criminal attempt to commit any of these offenses under KRS 506.010, the sentence shall not be suspended, in accordance with KRS 532.045.”

Of course, you are not eligible for shock probation where a sentence of death has been imposed.

Felony Sex Offenses

For any felony offense sex offenses the court will order an evaluation of the defendant, unless one has been completed within the last six (6) months, to be conducted by the sex offender treatment program operated or approved by the Department of Corrections or the Department for Behavioral Health, Developmental and Intellectual Disabilities. The evaluation shall provide to the court a recommendation related to the risk of a repeat offense by the defendant and the defendant’s amenability to treatment, and shall be considered by the court in determining whether to suspend the sentence. If the court suspends the sentence and places the you on probation, the provisions of the sex offender registry and post incarceration supervision will apply.

In conclusion, it is very important to talk to your attorney and have a plan if you are considering a motion for shock probation.