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The Difference Between Juvenile & Adult Crimes

Wed, 26 Aug 2020 19:28:58 GMT

In this article, Durrett & Kersting Law, PLLC—conveniently located in Louisville, Kentucky (KY) and serving clients across the states of Kentucky and Indiana—are here to use our experience to help you learn the legal differences between juvenile and adult crimes. Contact us today to learn more!

In majority of the United States, a juvenile is defined as someone between ten to eighteen years of age. 41 states in the nation have a maximum juvenile court jurisdiction of seventeen. However, seven states have age caps at sixteen years of age. New York and North Carolina are the only two states to set the limit to age fifteen. Anyone over the state’s age limit who commits a crime will be tried as an adult.

There are many differences between the two types of crimes; the largest variance is in the court systems. For juvenile crimes the court system concentrates on rehabilitation efforts for the minors. There are supplementary sentencing options utilized as compared to the criminal system for adults. There are options to keep the youth a part of the community rather than in jail, by placing them in community service, counseling programs, and diversion. Typically, the juvenile criminal system prosecutes the illegal activity as delinquent acts as opposed to deeming them crimes. However, if the minor commits a serious offense then they could be tried as an adult for the criminal misconduct.

In most situations juveniles are not given the right to a jury trial. Instead, a judge is presented with the case evidence in a private hearing, known as an adjudication hearing and makes their ruling. Due to this method, the court proceedings move at a quicker pace than adult proceedings. Juvenile courts tend to be more informal and rulings are given with more leniency. Once the case has ended, juvenile records are sealed and many records will be entirely expunged when the youths reach adulthood. Treatment for juveniles varies greatly from that of adult offenders due to the belief that minors are too young to know any better.

Though there are marked differences in the legal system for minors compared to those who commit adult crimes offenders of juvenile crimes have the right to have an attorney just as an adult does. There is also the right to cross-examine and confront witnesses. The two systems share the protection against self-incrimination as well. Juveniles and adults have the right to be given notice of the charges too. Both systems also require proof beyond a reasonable doubt in order to hand down a guilty conviction.

Juveniles that have been accused of a delinquent act should contact a lawyer immediately. Hiring legal counsel assures that the best possible outcome is attained. Since juvenile proceedings do differ from the court system for adults, it is important to find an attorney that has comprehensive knowledge for the complexities of the case.

At Durrett & Kersting Law, PLLC we have experienced lawyers in many facets of law, including juvenile crimes. We take the time to explain every aspect of the case to clients so that they have a firm understanding of the positives, negatives, and possible outcomes. We work passionately on each case in order to achieve a favorable resolution. We have a location in Louisville, KY in order to proudly serve Kentucky and Indiana. Call us today to receive a case consultation.

Kentucky’s Current Marijuana Laws

Wed, 26 Aug 2020 19:27:02 GMT

Durrett and Kersting Law office in Louisville provide facts about Kentucky Marijuana laws. Call today for more information.

According to the National Institute of Drug Use, Marijuana is the most commonly used illicit drug in the United States. Although many states are revising Marijuana laws allowing Marijuana to be used medically, and for adult recreational use, Kentucky is conservative when it comes to the laws governing Marijuana. If you have been arrested relating to a Marijuana charge, we urge you to call an attorney immediately. The attorneys at Durrett & Kersting Law are located in Louisville, Kentucky and have experience providing legal defense for drug related charges.

What Is Marijuana?

Marijuana is derived from the leaves, seeds, flowers and stems of the hemp plant. It is used recreationally and medically because it contains a mind altering chemical, 9-tetrahydrocannabinol (THC). Marijuana can be smoked as a hand rolled cigarette, in a pipe, or inserted into a cigar. Users also ingest Marijuana in the form of brownies, cookies, candy, or dissolved in tea. On the rise is the use of Marijuana Extracts, a high THC content resin. THC acts on the brain by over stimulating receptors that control brain development and function.

What is the Kentucky Law Governing Marijuana?

Marijuana is classified as a Schedule I narcotic by the Drug Enforcement Agency (DEA) and by the Cabinet for Health and Family Services in Kentucky. Schedule I narcotics are defined as drugs, chemicals, or substances that have no currently accepted medical use and have a high potential for abuse. Kentucky law imposes sanctions against possession, sale, cultivation and possession of paraphernalia.

Possession of Marijuana

It is against Kentucky Marijuana Laws to willfully possess Marijuana. A person convicted of marijuana possession may be placed in a diversion program, receive a fine, a 45 day jail term, or both. Possession of small amounts of Marijuana is considered a Class A misdemeanor. A person convicted of possessing large amounts of Marijuana will receive stiffer fines and penalties because the quantities make it likely that the possessor intends to sell or distribute.

Sale or Distribution

It is illegal to sell or distribute Marijuana in Kentucky. The penalty for conviction of sale of a small amount (under 8 oz.) of Marijuana as a first offense may be classified as a misdemeanor. Larger quantities and repeat offenses will be classified as Felonies and will result in incarceration and fines.

Cultivation

It is illegal to plant, cultivate, or harvest Marijuana in Kentucky. First offense of small quantities may be classified as a misdemeanor. Larger quantities and repeat offenses will be classified as Felonies and will result in incarceration and fines.

Paraphernalia

Possession of paraphernalia is defined as the possession or production of materials necessary for growing, harvesting, using, and storage or concealment of Marijuana. Paraphernalia possession is a misdemeanor in Kentucky and conviction may carry a sentence of fine and /or imprisonment.

If you have been arrested relating to Marijuana you are advised to seek legal representation immediately. Make no statements without your attorney present. Due to your attorney’s familiarity with your local courts, they are the most knowledgeable about how cases, such as yours, are likely to be handled. Your attorney will insure that you are treated fairly and with respect. For legal assistance in Kentucky call Durrett & Kersting Law.

What is Public Nuisance Crime in Louisville, KY?

Wed, 26 Aug 2020 18:10:42 GMT

In this article, Durrett & Kersting Law, PLLC—conveniently located in Louisville, Kentucky—is here to provide you with some insight into what constitutes a public nuisance crime so that you can be fully informed on the topic. We proudly serve clients in Kentucky and Southern Indiana. Contact us today to learn more!

An omission or act that damages, inconveniences, or obstructs the rights of the community is deemed public nuisance. It is an umbrella term that is used to cover an assortment of minor crime violations that jeopardize the safety, comfort, health, morals, convenience, or welfare of society. The action must interfere with the public as a whole, not simply a group of citizens or a single person. Those found committing a public nuisance may face punishment by paying a fine, serving a criminal sentence, or in some circumstances, both. The defendant can also be ordered to eliminate the disturbance or be held responsible for the cost of removal.

Public intoxication is one of the crimes considered a public nuisance. This law applies to instances where the person is under the influence of alcohol, an illegal drug, an intoxicant or a controlled substance. The violator must also be in public place that is open to the general public; this includes sidewalks, parks, stadiums, and streets. Depending on the state, bars and restaurants can be considered a public space as they are accessible to the community. Those trespassing on private property can be charged in certain states, as the individual does not have the permission of the owner to be there. The defendant must also be creating a commotion, such as performing property damage or posing a threat to their safety.

Activity that is likely to provoke a non-peaceful event is charged as disorderly conduct. The behavior is viewed a public nuisance, and it is one of the most common criminal violations. Any type of physical altercation, fight, or brawl can be classified as such. Those participating in disruptive protests can be charged with disorderly conduct. Protests such as sit-in demonstrations can be breaking the law if the people are blocking the flow of traffic, sidewalks or otherwise causing obstructions. Engagement in conduct that should be reserved for private places, such as urination, can be constituted as disorderly conduct as well.

The illegal disposal of waste is another public nuisance, and the problem is escalating. This occurs when a large volume of waste is dumped on public or private property that is not licensed to accept the waste. The owner of the property can also be charged for allowing someone to dump the waste on their land, if they are not licensed to receive such waste. The issue also arises when an individual discards of waste in waterways or sewers, without obtaining the proper permit beforehand.

Other public nuisance examples include shooting fireworks in the streets, harboring a vicious pet or diseased animal, illegal liquor establishments, gaming houses, and houses of prostitution.

At Durrett &Kersting Law, PLLC, we have experience representing clients in many legal areas, including criminal law, family law, and personal injury. We understand the stress placed on clients when dealing with legal proceedings, which is why we put an enormous amount of effort into every case in order resolve your concerns and achieve a favorable outcome. We are located in Louisville, KY to proudly serve clients throughout Kentucky and Southern Indiana. Contact us today for a case consultation.

What is Workplace Sexual Harassment in Louisville, KY?

Wed, 26 Aug 2020 18:07:45 GMT

In this article, the attorneys at Durrett & Kersting Law, PLLC—conveniently located in Louisville, Kentucky (KY)—are here to provide you with some professional insight on the complex issues of workplace sexual harassment. If you have experienced this issue, contact us today to learn more about your legal rights.

Sexual harassment in the workplace is a widespread problem in the U.S., despite all the efforts to raise awareness and address the situation through legal means. It is regarded as a matter of sex discrimination that is in direct violation of the Civil Rights Act of 1964, specifically Title VII, which is a federal law prohibiting discrimination in employment based on color, race, sex, religion, and national origin. Not only is this type of harassment a civil rights violation, it can be a crime in certain situations, as well.

Sexual harassment at work can take many forms. The victim is subjected to unwelcome conduct directed towards the victim’s gender or of a sexual nature, which generates an offensive or hostile work environment and can also adversely impact the victim’s job. In typical scenarios, the harasser is in a position of power over the victim. In fear of being terminated by the authoritative figure, the harassed party is trapped and must suffer through the harassment. The unsolicited behavior must be severe or persistent in order to constitute sexual harassment that creates an environment that is not conducive for work. This would be conduct such as physical assault or continuous bombardment of comments, offensive images, or date requests.

By law a single incident, such as a dirty joke told by a coworker, would not be considered harassment. The presence of offensive visuals including drawings, photographs, or images on computer screens which contribute to a hostile atmosphere, can be deemed sexual harassment. The adverse employment action most often occurs after the victim rejects the sexual advances of the harasser. In retaliation for this, they may give poor performance reviews or fire the individual.

While sexual harassment is not a crime, some acts of sexual harassing conduct are criminal. Intentionally making physical contact in an offensive manner is a form of harassment, and it may fall under the assault and battery criminal laws of the state. If the harasser denies the victim the freedom of movement through physical force or with threats, this can violate the criminal laws prohibiting unlawful restraint or false imprisonment. Bullying is forbidden by some criminal codes, and sexual harassment in certain cases can violate anti-bullying laws. An example of this is when the harasser posts sexually obscene comments on the victim’s social media page, with full knowledge that coworkers visit the page. If the harasser escalates to following the victim, waits for them in the parking lot, or other stalking behavior, they can be charged with this crime.

For those experiencing sexual harassment and wish to come forward, it is highly important to document everything with an attention to detail. Keep records of all exchanges with the harasser, when you reported the harassment, and job productivity. No information is too trivial when it pertains to confronting harassment in the workplace.

At Durrett & Kersting Law, PLLC we have extensive knowledge and experience in many areas of practice including criminal law. We thoroughly explain the legal process to clients, with special attention to the pros, cons, and potential outcomes, so clients can know with confidence that they are making the best decision. We are located in Louisville, KY and proudly serve Kentucky and Indiana. Call us today for a consultation.

Shoplifting & Petty Theft Laws in Louisville, KY

Wed, 26 Aug 2020 18:03:33 GMT

Punishable under the category of “theft by unlawful taking or disposition”, shoplifting and petty theft are crimes that has severe penalizations in Kentucky. If you or someone you know is facing a shoplifting or petty theft charge, there are many things you should know about the possible outcomes and what you need to do moving forward. Let Durrett & Kersting Law, PLLC of Louisville, Kentucky show you a few things you should know about these charges to help you better understand what measures need to be taken.

What is theft?

According to the Kentucky criminal statutes, theft is committed by someone taking control of property that is owned by another person with the purpose of intentionally depriving that person of the property. It is also defined as taking property from someone with the clear intent of benefitting from the property without the entitlement to do so. Additionally, Kentucky also has more specific theft offenses that include, among other things, theft of services, theft by deception, theft by extortion, unauthorized use of a vehicle, knowingly receiving stolen property, and identity theft.

What are the charges?

Theft charges are sorted into 3 categories depending on the severity of the theft. A Class A misdemeanors classification is given to those crimes that include the theft of goods that are valued at or under $500. A Class D felony classification is given to those crimes that include the theft of goods valued between $500 and $1,000. And lastly, a Class C felony charge is given to those crimes that include the theft of goods valued at $10,000 or more.

How is it punished?

Class A misdemeanors are punishable with up to 12 months of jail time and fines up to $500. Class D felonies are punishable with jail time, anywhere between1 and 5 years, and fines up to double the gain of the original offense or $10,000. Class C felonies are punishable with jail time, anywhere between 1 and 5 years, and fines up to double the gain of the original offense or $10,000.

Civil Penalties

In addition to the punishments listed above, shoplifters in Kentucky can be sued by the person or corporation that they shoplifted or stole from. Not only can they sue for the amount that the stolen items were worth, they can also sue for an additional amount between $100- $250 for damages.

Possible Outcomes

While jail time and fines are the typical punishment there are also diversion programs available for some first-time offenders. These programs require an individual to complete program-mandated requirements, like community service work and restitution, the original charges can be dropped. Plea bargains are also another option that may be available to offenders.

If you have been accused of shoplifting or petty theft and want to know what your next step should be, Durrett & Kersting Law, PLLC, serving Kentucky and Indiana is here to help. Our attorneys have over 25 years of combined experience, allowing you to feel confident that you have made the right choice for your legal representation. With extensive experience in criminal law, family law , personal injury , and a range of other fields, Durrett & Kersting Law, PLLC has you covered. Contact us today to schedule a consultation.

Alcohol Law in Bourbon Country & Louisville, KY

Wed, 26 Aug 2020 17:42:29 GMT

There are three things that people think of when they think of our old Kentucky home; fried chicken, horses, and bourbon. It is pretty likely that if you’ve ever told someone that you are from Kentucky that they respond with questions about our beloved bourbon country. However, how much do you really know about the supposed land of bourbon that you reside in? There are alcohol laws in place, even in Kentucky, that govern the sale and production of alcohol. It is important to be aware of these laws, even as consumers, so that you can drink responsibly and answer any questions about one of Kentucky’s most famed exports.

The alcohol law in Kentucky is rather convoluted because it can vary based upon the part of the state that you are in. Kentucky’s counties are in one of three camps when it comes to the legal sale and consumption of alcohol: dry, wet, and moist. A dry county is one that prohibits all alcohol sale and a wet county is one in which alcohol sale is permitted by license. Unfortunately, the laws are rather confusing and, although are continuing to be revised for clarification, can vary on the exact parameters of these classification. There are many wet counties that have dry cities and precincts or vice versa. For example, Louisville is considered to be wet but there are a few areas in Louisville that are considered to be dry.

The areas that are considered moist are a puzzle in themselves. The labeling of an area as “moist” has varying meanings depending on the specific situation, but most often means that a dry county has allowed specific off-site areas to sell alcohol. Basically, an area that defines its alcohol status as moist refers to anything other than the standard wet or dry. Other restrictions include limited alcohol sales in restaurants or if there are golf courses, wineries, or historic sites in the area which have specific permits to allow the sale of alcohol, even in dry counties.

There are many crimes associated with these laws, many of which people do not necessarily realize. The most common crime committed against alcohol laws is a DUI, or driving under the influence. Drunk driving can be considered a penalty against the law but in some cases can also be classified as a felony. This can apply to a variety of motorized vehicles outside of cars, such as motorized boats and motorcycles. Other laws include operating a motor vehicle with an open container of alcohol, public intoxication, any alcohol related to minors such as selling or underage drinking, and refusal to perform a relevant sobriety test.

Even in bourbon country, it is crucial to be aware of the laws that govern the sale and consumption of alcohol. Although we take pride in our famous bourbon, we need to be knowledgeable on the risks associated with alcohol and how we can drink safely. If you are in an alcohol related incident and need legal counsel or would like more specific information on the alcohol laws in Kentucky, contact Durrett & Kersting Law. We are experienced in multiple facets of law and will ensure fair and respectable service. We are located in Louisville, Kentucky and serve the areas of Kentucky and Indiana.