Legal Question in Criminal Law in Kentucky

Need answers

My son was charged with 2nd degree assualt and unlawful taking. There was two other people involved and they only got 3 year diversions. Shouldn't they have all gotten the same charges? He has been in ajil for 5 months already is there some way he can get out because he is already eligible for parole. Is there a way that he can get out on house arrest for the rest of his time? Write me back and help me out.


Asked on 12/07/08, 6:03 pm

2 Answers from Attorneys

Keith Wilcutt Coffman & Smith

Re: Need answers

They could all get different sentences depending upon a variety of factors. I'm not certain he would be eligible for parole if he plead to Assault 2nd Degree. You may want to contact someone about possibly filing a motion for Shock probation. An attorney could possibly answer your questions for you more clearly. Hope this helps.

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Answered on 12/07/08, 6:17 pm
Thomas McAdam Thomas A. McAdam, III, Attorney

Re: Need answers

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:

1. Did your son plead guilty to anything?

2. Was you son represented by an attorney when he appeared in court?

3. Did your son have a record of prior convictions?

4. Is your son an adult or a juvenile?

5. What was the value of the property alleged to be taken? (Over $300 is a felony in Kentucky.)

You are best advised to seek the services of a competent Kentucky attorney. You can get a referral to a criminal law specialist from the Kentucky Association of Criminal Defense Lawyers, at

[email protected] .

Additionally, you can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

[email protected]

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Answered on 12/07/08, 6:43 pm


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