Common questions about criminal defense in Kentucky, answered by Attorney Ashley Larmour.
Remain calm and exercise your right to remain silent. Do not answer questions or make statements to law enforcement without an attorney present. You have a constitutional right to an attorney under the Sixth Amendment. Contact a criminal defense attorney as soon as possible after your arrest. The earlier an attorney is involved, the better your chances of protecting your rights and building a strong defense. Contact our office at 859-813-5614 if you or a loved one has been arrested.
In Kentucky, felonies are more serious crimes that carry potential prison sentences of one year or more in a state correctional facility. Misdemeanors are less serious offenses punishable by up to 12 months in a county jail. Felonies are classified from Class A (most serious, carrying 20–50 years or life) through Class D (1–5 years). Misdemeanors are classified as Class A (up to 12 months in jail) or Class B (up to 90 days in jail). A felony conviction also carries long-term consequences including loss of voting rights, firearm restrictions, and difficulty finding employment. Learn more about felonies and misdemeanors in Kentucky.
Under KRS 189A.010, a first-offense DUI in Kentucky is a Class B misdemeanor. Penalties include 48 hours to 30 days in jail, fines of $200 to $500 plus court costs, a 30–90 day license suspension, mandatory alcohol education or treatment, and community service. Aggravating factors such as a blood alcohol concentration (BAC) of 0.15 or higher, an accident causing injury, or having a minor in the vehicle can increase these penalties. Learn more about DUI defense in Kentucky.
Yes, Kentucky allows expungement of certain criminal records under KRS 431.073 and related statutes. Eligible offenses include Class D felony convictions (after a five-year waiting period following completion of sentence), misdemeanor convictions, violations, and charges that were dismissed or resulted in acquittal. Not all offenses are eligible — sex offenses, crimes against children, and most violent felonies are generally excluded. Consulting with an attorney is important to determine your specific eligibility. Contact our office at 859-813-5614 to discuss your expungement options.
Under Kentucky law, the following may be eligible for expungement: Class D felony convictions (with certain exclusions), misdemeanor and violation convictions, charges that were dismissed or resulted in a not guilty verdict, and certain DUI offenses. The Kentucky General Assembly has expanded expungement eligibility in recent years to give more individuals a second chance. However, sex offenses, crimes against children, and most violent felonies above Class D remain ineligible. Each case is different, so it is important to have an attorney review your specific record.
The expungement process in Kentucky typically takes several months from the filing of the petition to the final order. After the petition is filed with the court and the required fee is paid, the prosecutor has 60 days to respond. A hearing may be scheduled where the judge will consider the petition, any objections from the Commonwealth, and your circumstances. Once granted, it takes additional time for the record to be updated across law enforcement and court databases. Contact our office at 859-813-5614 to start the process.
An arraignment is your first formal court appearance after being charged with a crime. At the arraignment, the judge will read the charges against you, advise you of your constitutional rights (including the right to an attorney), set bail or bond conditions, and ask you to enter a plea — typically guilty, not guilty, or not guilty by reason of insanity. Most defendants enter a not guilty plea at arraignment to preserve their options. It is important to have an attorney present at your arraignment to advocate for reasonable bond conditions and to begin building your defense.
Whether to accept a plea deal depends on the specific facts of your case, the strength of the evidence, the charges you are facing, and the terms being offered. A plea agreement can sometimes result in reduced charges, lighter sentencing, or alternative programs like diversion. However, accepting a plea also means giving up your right to a trial and, in most cases, results in a conviction on your record. You should never accept a plea deal without first consulting a criminal defense attorney who has reviewed all the evidence and can advise you on the potential outcomes at trial versus the plea offer.
Yes, under certain circumstances. Kentucky law allows juveniles aged 14 and older to be transferred to adult court for certain serious offenses, including felonies. Under KRS 640.010, the Commonwealth may seek to have a juvenile tried as a “youthful offender” if the juvenile is charged with a capital offense, a Class A or Class B felony, or certain other qualifying offenses. The court considers factors such as the seriousness of the offense, the juvenile’s prior record, and the likelihood of rehabilitation in the juvenile system. Learn more about juvenile law in Kentucky.
A Class D felony is the lowest classification of felony in Kentucky, carrying a potential sentence of 1 to 5 years in prison. Common Class D felonies include theft by unlawful taking over $500 but under $10,000 (KRS 514.030), possession of a controlled substance in the first degree (KRS 218A.1415), and certain fraud offenses. While Class D felonies are the least serious felony category, a conviction still results in a permanent felony record that can affect employment, housing, and civil rights. Class D felonies are also the most common category eligible for expungement under KRS 431.073. Learn more about felony classifications in Kentucky.
If you violate the terms of your probation in Kentucky, your probation officer may file a violation report with the court. You will be brought before the judge for a revocation hearing, where the Commonwealth must prove the violation by a preponderance of the evidence. The court can impose a range of sanctions including additional conditions of probation, a period of incarceration as a “shock” sentence, or full revocation of probation requiring you to serve the remainder of your original sentence in custody. Having an attorney at your revocation hearing is critical to present mitigating factors and argue against full revocation.
While misdemeanors carry lighter penalties than felonies, a conviction can still result in jail time, fines, and a criminal record that appears on background checks. An attorney can negotiate for reduced charges or alternative sentencing such as diversion, challenge the evidence against you, and protect your rights throughout the process. Having experienced representation is especially important if you have prior convictions or if the charge could affect your professional licenses, immigration status, or employment. Learn more about our criminal defense services.
An Emergency Protective Order (EPO) is a temporary order issued by a judge, often outside of regular court hours, that provides immediate protection from domestic violence or abuse. An EPO typically lasts until a court hearing can be held, usually within 14 days. A Domestic Violence Order (DVO) is a longer-term order issued after a court hearing where both parties have the opportunity to present evidence and testimony. A DVO can last up to three years and may be renewed. Violating either an EPO or DVO is a criminal offense in Kentucky under KRS 403.763, carrying potential jail time and additional charges.
The cost of a criminal defense attorney varies depending on the complexity of the case, the severity of the charges, and whether the case goes to trial. Many attorneys charge a flat fee for straightforward misdemeanor cases and an hourly rate or retainer for felony cases. At Larmour Law Offices, we discuss fees openly during the initial consultation so you understand the costs before making any decisions. We believe everyone deserves quality legal representation. Contact us at 859-813-5614 to schedule a consultation.
Kentucky law does allow for the expungement of certain DUI convictions. Under KRS 431.073, a DUI conviction may be eligible for expungement after a waiting period, provided it meets the statutory requirements. However, not all DUI convictions are eligible, and the process involves filing a petition with the court and potentially attending a hearing. An attorney can evaluate your specific situation and determine whether your DUI conviction qualifies for expungement. Learn more about DUI in Kentucky.
Pull over safely and be polite with the officer. Provide your license, registration, and proof of insurance when asked. You are not required to answer questions about where you have been or whether you have been drinking. Be aware that Kentucky’s implied consent law (KRS 189A.103) means that refusing a breathalyzer or blood test can result in an automatic license suspension. You do have the right to contact an attorney. Do not make any statements about your drinking or activities without legal counsel. If you are arrested, contact our office at 859-813-5614 as soon as possible.
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