Criminal charges

With the expansion of the criminal code in Kentucky into areas such as drug offenses, child support, DUI, domestic violence, sexual abuse, identity theft and property code violations, more and more people are charged with criminal offenses.

Criminal charges are based on allegations contained in a criminal complaint made by a police officer or a private individual. A criminal defense may be made on the difference between the claims in the complaint and the actual facts of the alleged occurrence. Unfortunately in many complaints the facts alleged are both true and provable by competent evidence. In such cases the defendant may decide the best course is to work with the attorney to seek the least injurious plea bargain and plead to reduced charges or the alleged charges with reduced penalties. With the current jail crowding conditions in Metro Louisville, lesser offenses not involving assault to others or a threat to the community will usually be resolved with little or no custody time under conditions set by the Court to control and prohibit further violations.

Plea Agreements

Misdemeanor offenses that carry a possible sentence of 365 days or less,  may be settled by an agreement where the client enters a plea of guilty under conditions offered by the prosecutor.  These will likely include having to pay fines and court costs, and may include other conditions, such as completing an alcohol education program for a DUI - driving under the influence - conviction, or serving a custody sentence under home incarceration or in jail. The client decides whether to accept an offer of a plea bargain or insist on trial.  Felony offenses, having a possible year or more sentence,  including felony drug possession and trafficking, felony theft and other crimes, may result in an immediate arrest and incarceration on a high bond. The prosecutor may move the Court to hold the Defendant in custody on high bond until he accepts a plea bargain, if any offer is made. Motions for bond reduction will have to be filed and argued.

Office:

1336 Hepburn Avenue

Louisville, KY 40204

Phone:

502-758-0936

Enhancement and Collateral consequences

The State of Kentucky like all sovereign states in the union, is authorized to prosecute individuals who commit criminal violations.  Sometimes people believe that if a victim wants to drop the charges there can be no further prosecution. This is not so, and when a person has been subjected to domestic violence, the state authorities pursue the case regardless of the victims cooperation if sufficient evidence is present. Violations of the law are deemed offenses against the state.

Guns are extremely problematic when a defendant is arrested  and the charges include use or possession of a handgun or deadly weapon. Getting a reduced bond is difficult and some drug and other offenses penalties will be increased if a gun is connected to the offense.

Persons from other countries who are not properly admitted or lack legal resident status  will have more difficulty when arrested and may be detained by a federal immigration authority and even deported.

DUI arrests and convictions have increasingly severe fines and jail time for each successive arrest within a five year penalty. The fourth offense is prosecuted as a felony in Circuit Court.

Trial

Most criminal cases are settled without a jury trial by plea bargain. However, those cases that must go to trial, require identification of the client’s defenses under the facts and law, timely filing of motions to suppress or exclude evidence, subpoena of witnesses and the preparation and arguing of of the case to the jury. Good trial preparation is designed to include laying a basis for appeal by presenting  the issues to the trial court and preserving the right to argue them on appeal.

In all state and federal criminal proceedings, the attorney is bound by the Kentucky Rules of Professional Responsibility to provide the client with loyal, competent and confidential representation with the necessary legal knowledge, skill, thoroughness and preparation for the job.

Clarence H. Hixson

Attorney at Law

Criminal Defense in federal or state courts

Call

502-758-0936

for a free estimate