Owensboro Criminal Defense Attorney

best criminal defense attorney in Owensboro

If visiting Owensboro for the Kentucky Derby, or any reason, and arrested call the Kentucky Derby Criminal Arrest Attorney for help.  If visiting from out of town for the Kentucky Derby and arrested, we are who to call.  We can arrange that you don't have to come back to face your charges and safe the heartache and embarrassment.  Kentucky Derby visitors or local do not have to keep the embarrassment of an arrest to the forefront.  LET the Owensboro Criminal Defense Attorney help! 

Kentucky Rules of Evidence are the most important element that any attorney should know.   

Brendan McLeod, as a Owensboro criminal defense lawyer,  has superior control and knowledge of the Kentucky Revised Statutes. This is second only to his expertise regarding knowledge and use of the Criminal Rules of Evidence. Evidence should be a 30 hour class in law school. The best attorneys understand the Rules of Evidence better than anyone, because it is the gatekeeper of evidence in every trial. Not talked about often, not even in law school, the rules of evidence is where everything shows up, like a checkpoint, to get the OK to be introduced or talked about in trial.  If you need a criminal defense attorney in Owensboro, Ky., please call our line. 

It is surprising how many attorneys, new to the practice and others practicing much longer than me, are confused and get lost in the Rules of Evidence. It is deadly because every substantive motion on one side or the other is trying to control what evidence is admitted, and to what capacity, or not, at trial. Make it easy to understand because evidence controls what the jurors hear. Motions to Suppress, Illegal Searches and other motions are trying to control what evidence is admissible at trial. ALL the motions leading to trial are evidentiary motions. They all hinge upon the Rules of Evidence and their interaction in any particular case. The best attorney is well versed in Evidence and will be more effective than the lawyer who can simply regurgitate caselaw. 

Brendan McLeod brings this experience and knowledge to the courtroom to provide you with a comprehensive, articulate and aggressive defense. Brendan's numerous trials since 2002 have earned him the reputation of being one of the most confrontational criminal defense attorneys in the area. It is nothing that he has strived for, but one of his older brothers says it was something he was born with. 

     The act of “ Gun Ban for individuals found guilty in case of any Domestic Crime” was enacted by the 104th United States National Congress in 1996. The law bans any access to an individual for misdemeanor convictions involving Domestic Violence. United States Courts possessed various examples of such cases and where the man convicted for domestic violence had used a gun for his protection either from the cops or against the victim. After the report of many such cases, the Gun Ban Act or popularly known as “The Lautenberg Amendment”, came into force to ban any individual to own any firearms or handguns. specifically, if convicted for domestic violence (Jeltsen, 2016), the United States Federal Government punishes citizens harshly for possessing a handgun or a firearm. Handgun and firearm Charges in Federal Court carry upwards to 10 years. If in trouble in regards to this statute, call Brendan McLeod, the Owensboro Criminal Defense Attorney. Also, the Oldham County Criminal Defense Lawyer. 

Army study guide for domestic violence and the Lautenberg Amendment. 

     This handgun charge and firearm crime law had been enacted to favor the women in the States and reeked havoc on criminal defense attorneys in Owensboro and everywhere else.  Women too often die at the hands of their partners, current or exes, rather than from natural causes.  Add to this that most convicts are possessors of guns. Recent projects have demonstrated that half of the cases involving misdemeanor domestic violence or domestic assault crime are a result of owning firearms including handguns (" Domestic Violence Offender Gun Ban ," 2018). The enactment of this Gun Ban law has resulted in a  reduction in ownership of guns due to which the rate of domestic violence inclusive of firearms has also reduced. The gun ban to the abuser saves the victim by removing a deadly weapon from his hands and therefore, sending a clear message to the felon or gun violator that the law is with the victim. 

     The clear correlation of someone committing, say, a domestic assault case and it was a misdemeanor crime.   Domestic violence raises the probability of the partner being murdered and that is even more pronounced if there are handguns or firearms in the household.  If the convict owns a gun, he can escalate a very intense feeling to committing murder in the heat of the moment which would be quintessential domestic violence. The abuser threatens the victim  and the gun, being one of the deadliest weapons, can be used for the next step of killing. According to a given fact, Guns and firearms have been used by males to murder their female partners, 51% of them being in femicide cases ("Violence Policy Center," 2018 ). If the felon owns a gun in the house then the women is more likely to suffer brutal domestic violence and also murder than other women. 

Domestic Violence And Fallout On Guns Rights

Are you are a victim of domestic violence and the abuser has a gun? You need to clearly understand what the state law provide for such a scenario. In Kentucky, the state law that a person can be denied access to guns and concealed firearms as well as ammunitions, together with any deadly weapons. Whether or not the said individual was licensed to carry these firearms, under 18 USCS 922(g), this can be suspended or revoked if he has been convicted in any court of misdemeanor crime of domestic violence among other reasons. 

In the incidence whereby the accuser is licensed to carry concealed firearms and he is involved in domestic violence, the court demands the surrender of that license. He should surrender the license either to the court or to the law enforcing officer who is handling his case. 

To understand all these can be a real hassle for you. That’s why you need to find a Kentucky attorney who will explain the law to you in a manner that you can understand. In Louisville, laws keep changing and it can be a bit tricky to tell the current updates when you are already facing a domestic violence and fallout on guns right offense. 

What Happens If The Abuser Does Not Surrender A Suspended License? 

This is what we call a Class A misdemeanor crime. The law states clearly that the abuser’s license to carry guns should either be suspended or revoked. It does not actually specify about what should be done to the abuser’s firearms. 

The law states that during a domestic violence order or during an emergency protective order, the judge is mandated with the responsibility of informing the respondent regarding the purchase of the firearm and how to surrender the same. The judge is also supposed to inform his about the confiscation, retention and return of guns. 

You need to find out how law enforcement in Louisville, Kentucky deals with the surrender of firearms under the section 18 USCS 922 (g) of the law. 

What Happens When The Abuser’s Gun Has Been Taken Away?

If case of a domestic violence and the abuser’s license to carry guns or concealed firearms is suspended or revoked, the commissioner of the department of Kentucky state police will either order one of the peace officers to take the license or order that the abuser surrenders the license to the Sheriff with 2 days. 

In the incidence where the abuser does not surrender the firearms within the stated timeframe, law enforcement officer is sent to seize it. 

Owensboro Criminal District Court gains jurisdiction for crimes, both misdemeanor charge and felony crime, initially. The jurisdiction over felonies will transfer to Owensboro Daviess Circuit Circuit Court once that set of circumstances is presented to the grand jury. Daviess Circuit Court, in the Daviess County Courthouse at 100 East 2nd Street,  Owensboro, Kentucky 42303 is a criminal court too, and has jurisdiction over all felony cases in the Commonwealth of Kentucky. Daviess County District Court is occupied and prosecuted by County Attorneys, hence their name is Daviess County Attorney's Office. The Commonwealth Prosecutor's Office are State Prosecutors, hence the name, Commonwealth Attorney's Office. The Commonwealth Attorney, who represents the state, is the Honorable Bruce Kuegel. The attorneys that work for him are the "Assistant Commonwealth's Attorney's Office." 

When a case is dismissed in Daviess County District Court, but submitted to the Grad Jury and indicted, it creates a situation that is run rampant in the courthouse. The slang is, "it got dismissed, but the Commonwealth picked it up." It never was dismissed with any finality. The District Court Judge cannot dismiss cases with prejudice, or for good. They can be dismissed, presented to the Grand Jury and then the case is back.  Same facts, different case number and different court.  Dismissing the case in District Court is sometimes the right thing to do according to our criminal attorney in Owensboro.  It can alleviate the fear of revocation of misdemeanor time from previous misdemeanor crimes and felony crimes.  This happens all the time. There is no statute of limitations on on felonies and so they can be presented or, "picked up by the Commonwealth at any time." This is the slang that results. "The case was dismissed but the Commonwealth picked it up." "It is going up." "It went up the elevators." Slang, slang.