loader from loading.io

Divorce and Criminal Charges

Mercenaries And Gunslingers Podcast

Release Date: 07/06/2020

Think Twice Before Posting on Social Media show art Think Twice Before Posting on Social Media

Mercenaries And Gunslingers Podcast

Episode 12:  Louisville criminal defense attorney Tim Denison has over 30 years of experience representing clients in Louisville and across Kentucky.  He remains convinced social media can cause significant complications for someone charged with a crime.  Unfortunately, these complications are often self-imposed. Need to Contact an Experienced Criminal Defense Attorney? Tim’s office phone number is (502) 589-6916.  You can learn more via .  Tim’s principal office is located at:  235 South 5th St., Third Floor, Louisville, KY 40202.  The information from...

info_outline
When to Say No to a Police Search show art When to Say No to a Police Search

Mercenaries And Gunslingers Podcast

Episode 11:  Louisville criminal defense attorney Tim Denison addresses search and seizure topics.  He’ll explain when to say no to police search and why.  You have rights under the US Constitution.  They’re worth defending. Always refuse searches Search and seizure laws are an important part of the justice system. They protect citizens from unreasonable searches and seizures by the government. However, it is important to understand what these laws mean and when to exercise your right to refuse a search. Knowing your rights is an important part of protecting...

info_outline
Kentucky Concealed Carry Issues show art Kentucky Concealed Carry Issues

Mercenaries And Gunslingers Podcast

Episode 10:  Louisville criminal defense attorney Tim Denison discusses carrying concealed deadly weapons.  While the 2nd Amendment and even the Kentucky’s state constitution permits an individual to bear arms, there are limitations.  If you’re not aware of them, you could be in violation of the law.  Tim will cover a variety of topics related to concealed carry issues in this episode. Need to Contact an Experienced Defense Attorney? Tim’s office phone number is (502) 589-6916.  You can learn more via .  Tim’s principal office is located at:  235...

info_outline
Divorce and Criminal Charges show art Divorce and Criminal Charges

Mercenaries And Gunslingers Podcast

Episode 9:  Louisville criminal defense attorney Tim Denison welcomes his colleague, Louisville divorce attorney Christine Miller, to discuss how criminal records and divorce can intersect and what steps you may need to take.

info_outline
Kentucky DUI Laws show art Kentucky DUI Laws

Mercenaries And Gunslingers Podcast

Episode 8: In this episode, Louisville criminal defense attorney Tim Denison discusses DUI law as it relates to Kentucky and what you should do at the scene.

info_outline
Interview with Judge Don Armstrong show art Interview with Judge Don Armstrong

Mercenaries And Gunslingers Podcast

Episode 7:  In this episode, criminal defense attorney Tim Denison and retired Judge Don Armstrong discuss what is appropriate in a court room and other issues that a judge considers. All judges are different and have different expectations or “rules”. Understanding this allows you to decide how you may play your defense.

info_outline
Representing Students with Criminal Charges show art Representing Students with Criminal Charges

Mercenaries And Gunslingers Podcast

Episode 6: Louisville criminal defense attorney Tim Denison represents students charged with criminal activities.

info_outline
File for an Expungement in Kentucky show art File for an Expungement in Kentucky

Mercenaries And Gunslingers Podcast

Episode 5: Louisville criminal defense attorney Tim Denison discusses expungements to legally remove criminal charges from a record.

info_outline
Defending Drug Cases in Kentucky show art Defending Drug Cases in Kentucky

Mercenaries And Gunslingers Podcast

Episode 4: Louisville criminal defense attorney Tim Denison discusses defending drug cases across Kentucky. 

info_outline
Defending Murder and Manslaughter Cases show art Defending Murder and Manslaughter Cases

Mercenaries And Gunslingers Podcast

Louisville criminal defense attorney Tim Denison discusses murder and manslaughter. A trial may take 6 months to 2-3 years before the case gets to trial. What is the Grand Jury? The Grand Jury determines if there’s probable cause a crime has been committed and the defendant committed it.

info_outline
 
More Episodes

Episode 9:  Louisville criminal defense attorney Tim Denison welcomes his colleague, Louisville divorce attorney Christine Miller, to discuss how criminal records and divorce can intersect and what steps you may need to take.

Divorce is a sensitive topic to a lot of people. They’re very emotionally charged. An important issue to remember is that criminal records can come into play.

Preparing for Battle

If there’s going to be a custody battle, especially when there is a criminal record, Tim always does background checks on both parties. This allows Tim to have complete control of what may happen in cross-examinations. It also allows Tim to be two steps ahead in the process. The most important thing he looks at is to determine whether these charges can be expunged. An expungement is a permanent erasing of a criminal charge from your record. Legally you will be allowed to say, “That never happened.”

Today, everything is online, which gives lawyers, or really anyone, the opportunity to look up a name and see their charges. All the information they find, they can use in court. If it is expunged, they will not be able to find it. Always look into getting charges expunged because it may not be as easy to get one in the future. 

Not every criminal charge can be expunged, but now 61 Class D felonies and a lot of misdemeanors can be expunged. Violations and misdemeanors typically can be expunged, unless they relate to or have some elements of sexual abuse or abuse of any person who may not be able to defend themselves. The charges remain on your criminal record unless you expunge it. Most judges will see today that you took initiative and responsibilities for your actions and did everything you could to get it removed. Judges look very highly on that.  Click on this link to listen to Tim’s podcast episode about expungements.

DUI Charges

It is important to note that a DUI is different. It will remain on you record for 10 years because it has an extended lookback period. If for some reason in the middle of a divorce one of the parties is charged with a DUI, the facts will be extremely relevant to the ongoing divorce, especially if children are involved. The charging document will have a lot on it that can be very helpful, like what you may have blown and the circumstances. As with a misdemeanor, if a case is dismissed you can expunge it in 60 days.

Felony & Misdemeanor Charges

If you plead guilty or if you are convicted at trial, it is 5 years from either the conviction date or the expiration of probation. If a felony is dismissed without prejudice, you don’t always want to run back in and seek to expunge that immediately. That being the case, because if it is without prejudice, the commonwealth attorney can bring it back. If it is less than a year, you will have to get the commonwealth attorney involved, but if it goes beyond a year, they won’t even ask.

One of the important questions Christine will often ask her clients is, “What is the worst thing they are going to say about you?” Divorce is emotional and everyone can be out for blood. If something legally comes up, she will have them call Tim to get it expunged then go to court afterwards.

Domestic Violence Orders

A domestic violence order (DVO), are civil matters. They show up when you get a job and do a background check. An emergency protective order (EPO) and an inter-personal protective order (IPO) will show up as well. Employers are scared to see those and now you can get these expunged.

If possession comes into play, an important thing to remember is that family cases are not in front of a jury, it is only a judge. When judges see there may be a drug charge from years ago, it will still have an impact on their decision.

Do You Need to Modify the Divorce Decree?

When everything is said and done and you come back to court for post-decree modification, most of the old criminal charges will not come into play. If there are new charges, then they do have the possibility of being brought up.

Another thing is if one of the parties decide to date and their new partner has a background, criminal records could also come into play. If you think their new partner does have an issue, you should contact your attorney immediately.

Contact with Christine Miller:

Miller Law

Office Phone: 502-333-9223

Facebook:  @LouisvilleDivorceAttorney

Instagram: @LouCityDivorce

Tim’s office phone number is (502) 589-6916.  You can learn more via TimDenisonLaw.com.  Tim’s principal office is located at:  235 South 5th St., Third Floor, Louisville, KY 40202.  The information from this podcast is for informational purposes only and does not establish an attorney-client relationship.  Co-host Jim Ray is a non-attorney spokesperson.  This is an attorney advertisement.