Free in Kentucky: Man Steals TV, Attempts Getaway on Bike, Slams int...

Free in Kentucky: Man Steals TV, Attempts Getaway on Bike, Slams int...: Per WWSB channel 7 in Florida:  “Charlotte County Sheriff's deputies arrested a man who stole a television in a box from Wal-Mart and fled...

Man Steals TV, Attempts Getaway on Bike, Slams into Police Cruiser - Theft Law in Kentucky

Per WWSB channel 7 in Florida:  “Charlotte County Sheriff's deputies arrested a man who stole a television in a box from Wal-Mart and fled with it on his bicycle. He was arrested when he crashed into the back of a detective’s vehicle. 

Arrested for Retail Theft and Resisting an Officer was 32-year-old Jonathan Ryan Fontaine of Port Charlotte.

According to the Charlotte County Sheriff’s Office, Wal-Mart security called CCSO at 3 p.m. Tuesday after a man stole the 32-inch TV, exited the store, and drove off with it on his bicycle. 

Two detectives responding to another incident spotted Fontaine with the TV on his bicycle at U.S. 41 and Midway Boulevard. One detective drove ahead of Fontaine and the other got out of his car and on foot tried to stop Fontaine. When Fontaine turned around to look at the detective chasing him, he was not paying attention, and slammed into the rear of the other detective’s vehicle.”

That’s why it’s a bad idea to steal a TV that is so big it obstructs your vision as you drive it home on your Huffy.  Maybe a 27 inch TV, but not a 32.  That’s just stupid.

The story above is regarding a Florida case.  So I’m going to ignore it.  I don’t know Florida law.

Today we’re going to talk about theft by unlawful taking charges in Kentucky.  Louisville criminal defense lawyers always like to use shortened nicknames for criminal charges (like POCS, pronounced “pocks,” for Possession of Controlled Substance).  The shortened, cute little nickname for Theft By Unlawful Taking is TBUT, pronounced “Tee-butt.”

The Kentucky TBUT statute can be found, inconspicuously, in the “Theft and Related Charges” section of the Kentucky Revised Statutes (KRS).  Specifically, we’re going to be looking at KRS 514.030, Theft by Unlawful Taking or Disposition, which states:

(1) Except as otherwise provided in KRS 217.181 or 218A.1418, a person is guilty of theft by unlawful taking or disposition when he unlawfully:

(a) Takes or exercises control over movable property of another with intent to deprive him thereof; or

(b) Obtains immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto.

(2) Theft by unlawful taking or disposition is a Class A misdemeanor unless the value of the property is five hundred dollars ($500) or more, in which case it is a Class D felony; or unless:

(a) The property is a firearm (regardless of the value of the firearm), in which case it is a Class D felony;

(b) The property is anhydrous ammonia (regardless of the value of the ammonia), in which case it is a Class D felony unless it is proven that the person violated this section with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense; or

(c) The value of the property is ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

As you can tell, the definition for TBUT is pretty simple.  Basically, it covers any time someone steals something.  The complicated part of the statute is the penalty section.  The penalty for TBUT depends not only on the value of the item(s) allegedly taken, but also the type of item(s).  The general rule is that stealing something worth less than five hundred dollars is a Class A misdemeanor.  However, stealing a gun is always a class D felony. 

The punishment for stealing a $200 gun is harsher than stealing $400 worth of electronics.

For those of you who have jobs that don’t require you to learn weird things like how to make methamphetamine, anhydrous ammonia is used for fertilizer.  Some farmers will keep tanks of anhydrous ammonia on their farms.  The compound is also used to make methamphetamine, so some manufacturers thereof have taken to stealing it from the tanks that farmers keep.  This is a dangerous process that involves converting a propane tank for proper fitting, and also involves the possibility of burning your fingers off (anhydrous ammonia is stored in liquid form under pressure and has a boiling point of -28F).

Stealing anhydrous ammonia, in and of itself, is a Class D felony.  If they can prove that the person stealing it intended to make meth (which is likely), the crime is a Class B felony (carrying a penalty of 10-20 years in prison, and a Class A felony (carrying a penalty of 20-life in prison) for subsequent offenses.

Stealing anything worth $10,000 or more is a Class C felony.  However, from a plain reading of the statute, I believe that if someone stole a gun worth $10,000 or more, the Commonwealth would not be able to charge the thief with a Class C felony.  Strictly read, subsection (2)(a) dictates that the theft of ANY firearm, REGARDLESS OF VALUE, is a Class D felony.  Obviously the statute was meant to bump the theft of lesser valued firearms UP a class, but I believe the statute could be used in a criminal defendant’s favor for stealing ultra-high value antique firearms.

If you are charged with Theft by Unlawful Taking or Shoplifting, and you do not know what the penalty is for the offense, you should contact a Louisville theft or shoplifting attorney today.  Obviously, the law in this area is a little complicated, but a good criminal defense attorney should be able to give you an idea of what you are facing.

Call 502.618.4949 for a free consultation with a Louisville theft or shoplifting attorney today.  Theft charges in Kentucky are serious.  You should have a lawyer on your side to protect your constitutional rights. 

Simms & Reed, PLLC.

Individual Attention.  Extraordinary Results.

Free in Kentucky: The "Entrapment" Defense: You Probably Can't Use I...

Free in Kentucky: The "Entrapment" Defense: You Probably Can't Use I...: So, apparently there is a television show where police set up a camera in a car and leave the car out in the street unlocked, with the win...

The "Entrapment" Defense: You Probably Can't Use It.

So, apparently there is a television show where police set up a camera in a car and leave the car out in the street unlocked, with the windows down and the keys inside.  The point is to see if someone is going to steal it, and then arrest the car thief.  The show is called “Hot Car” or “Dashboard Detectives” or some such crap.

Invariably, some scoundrel jumps in the car and takes off.  Then the police give chase, and scoundrel’s fun is ruined.  After the police cuff the guy, they look to the camera and say “Now it’s time for you to joyride - TO JAIL!!!”  

I’m sure the show is awful and I’m not going to watch it.

The people who have asked me about this show seem (for reasons I can’t understand) to actually feel kind of bad for the person who steals the car.  And the most popular question raised by the show, “Fast Getaway,” is:  Greg, isn’t that ENTRAPMENT!?!?

Unfortunately television and films have taught the American public that entrapment is a popular defense and a rad movie with Catherine Zeta-Jones dodging lasers in a Catwoman suit (Mee-awesome).  In reality, “entrapment” is used only in extremely rare occasions involving heinous police misconduct.  Let’s take a look at Kentucky law on the subject.  Although entrapment is generally understood to be a creature created by caselaw, we do have a Kentucky Revised Statute on the subject.  KRS 505.010 governs the defense of entrapment, and it reads:

505.010 Entrapment.

(1) A person is not guilty of an offense arising out of proscribed conduct when:

(a) He was induced or encouraged to engage in that conduct by a public servant or by a person acting in cooperation with a public servant seeking to obtain evidence against him for the purpose of criminal prosecution; and

(b) At the time of the inducement or encouragement, he was not otherwise disposed to engage in such conduct.

(2) The relief afforded by subsection (1) is unavailable when:

(a) The public servant or the person acting in cooperation with a public servant merely affords the defendant an opportunity to commit an offense; or

(b) The offense charged has physical injury or the threat of physical injury as one (1) of its elements and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.

The relief provided a defendant by subsection (1) is a defense.

I know the above statute is kinda complicated and you pretty much need a doctoral degree to discern it.  So I’m bout to break it down like Charlie Brown, Linus by Linus.

Basically, it says that the police have to “induce” the scoundrel to do something illegal.  And the scoundrel would not have been the type of person to do that illegal conduct unless the police had induced them to do something illegal.

Above, the statute uses the language “induce or encourage” but Courts aren’t likely to allow a Defendant to use the defense unless there is strong inducement on behalf of the police.  Police have to really work hard to talk scoundrel into breaking the law, or it doesn’t count as entrapment.

Also, if police are undercover at a concert, and they come up to scoundrel asking “Do you want to buy some pot?” and the police are really pushy about it (inducement), it still wouldn’t be entrapment if scoundrel is the type of dude who likes to buy some weed every once in a while.  Scoundrel won’t be able to show that he would not have been otherwise disposed to engage in such conduct.  Because scoundrel likes to party.

Leaving keys in an unlocked car simply doesn’t come close.

If you have any more questions about entrapment, please let me know.  But 99% of the time I get asked, the answer is “No.  That isn’t entrapment.”

For more questions - hit me up at 502.473.6464.  Murphy & Powell, PLC.

Suing Police for False Arrest and Police Brutality

If I was arrested and charged with a crime I didn’t commit, and the case was dismissed, can I sue the police officer/police department?

The answer to this question is, “Probably.”  Allow me to explain.

Let me start by saying that there are a lot of great police officers out there.  The good ones do a dangerous job for little pay, just because they want to give back to their communities.  We applaud the good ones.  But not all of them are good ones.  Some police officers abuse their authority and engage in false arrests and police brutality.  The sad part, is when they abuse their authority, most citizens are basically helpless against them. 

If you have been charged with a crime you didn’t commit, and the criminal case ended favorably for you, get a good Louisville police brutality lawyer on your side.  You may be able to sue to recover damages for your pain and suffering, lost wages, attorney’s fees, and possibly punitive damages.

Jury trial “Not Guilty” verdict:

There are a couple of ways for a criminal case to end favorably for you.  If you went to a jury trial and were found Not Guilty, congratulations!  It is fairly easy to move forward with a civil case after a Not Guilty verdict is returned.  You don’t need to worry about the “stipulation of probable cause” section that is to follow.  You should see an attorney immediately about your possible civil case against the officer/police department.  A good Louisville false arrest lawyer can help you determine whether you have a case, depending on whether the police officer had Probable Cause to arrest you.  You can feel free to skip to the “meeting with an attorney about your civil case” section.

Stipulation of probable cause:

If you have a current criminal case against you, please be advised that if you stipulate probable cause for your arrest, it can negatively affect your possible civil case against the officer/police department.  Often, if a prosecutor agrees to recommend dismissing your case, they will want you to agree to stipulate probable cause for the arrest.  This means that you agree that the officer had the right to arrest you at the time of the arrest.  If you agree, and stipulate probable cause, it can make things very difficult in a civil case against the officer/police department - especially if your case is for false arrest, rather than police brutality.  You may even have difficulty getting past Summary Judgment.  If a judge grants Summary Judgment against you, your civil case will be dismissed.

In short, a stipulation of probable cause in a criminal case can be very damaging to your possible false arrest case.  If your primary concern is to pursue a false arrest case, you should not stipulate probable cause for the arrest.

Police Brutality

Unfortunately Police Brutality is a serious problem in the great Commonwealth of Kentucky.  There are a lot of good police officers out there.  But the ones that abuse their authority and subject citizens to police brutality should be punished.  That’s where a good Louisville police brutality lawyer comes in handy.  If you were the victim of police brutality, you may have a civil case against the police officer, the police department, and/or the local government.  Police brutality is a separate claim from false arrest.  If a police officer arrested you, even if they had probable cause for the arrest, and the police officer used more force than reasonable and necessary to effectuate the arrest, you may be entitled to damages for police brutality.

Meeting with an attorney about your civil case:

Most attorneys will not charge you for an initial consultation.  We will sit down with you, hear your story, and make a determination as to whether we will take your case, and not charge you for the consultation.  When you call an attorney, always ask if the first consultation is free.  Once you see an attorney about your case, make sure you understand how the attorney’s fees will be collected. 

For example, I take false arrest and police brutality cases on contingency fees.  This means that I collect my legal fee from the money that is recovered in the lawsuit.  I also front the costs of litigation, so that a client won’t have to pay out of pocket for filing fees, depositions, expert witnesses, etc.  Those costs can be very expensive, so make sure you ask an attorney about who will pay the costs of litigation.  At the end, assuming we recover against the police officer/police department or the insurance company that insures them, I re-coup the costs of litigation from the amount of money recovered.  If I don’t recover for you, you don’t pay me any money.

The damages in false arrest/police brutality cases vary from case to case, and every case is different.  The amount of money recovered depends on the degree of negligence/intentional conduct on the part of the officer, the amount of injury sustained by the plaintiff, and the insurance coverage available.

Statutes of Limitations:

The Commonwealth of Kentucky has statutes of limitations which limit the time available to file a lawsuit.  If the time allotted by the statute of limitations passes (or, “runs”), then your civil suit can be barred forever.  That makes it very important for you to contact an attorney as soon as possible.

Conclusion:

A lot of attorneys don’t take false arrest/police brutality cases.  Therefore, when you are looking for an attorney to take your case, make sure the attorney has had experience with these kinds of cases.  Louisville Police Brutality lawyer Greg Simms has handled numerous false arrest and police brutality cases.  If you have a possible civil case against a police officer or police department, call 502.473.6464 for a free consultation with an experienced false arrest and police brutality lawyer.  Visit www.louisvillefirm.com.

Results.  As fast as the law will allow.

Questions answered in this blog post: What can be done about police brutality; can I sue for false arrest; what lawyers take false arrest cases; how do I find a good Louisville police brutality lawyer; what is a civil rights lawsuit; what is stipulation of probable cause; how does a stipulation of probable cause affect a false arrest/police brutality claim; what is the statute of limitations on a civil rights lawsuit; what is the statute of limitations on a false arrest/police brutality claim; explain how lawyer fees work; what is a contingency fee; how can I find a good Lexington false arrest/police brutality lawyer?

Free in Kentucky: Dentists Who Advertise on TV are Criminals!!!

Free in Kentucky: Dentists Who Advertise on TV are Criminals!!!: You know all those dentists and chiropractors that advertise on television?  Apparently that’s illegal. KRS 438.065 prohibits a...

Dentists Who Advertise on TV are Criminals!!!

You know all those dentists and chiropractors that advertise on television?  Apparently that’s illegal.

KRS 438.065 prohibits advertising or soliciting “by practitioner[s] of healing arts” and states as follows:

(1) No person licensed to practice medicine, dentistry, osteopathy, podiatry, optometry, or chiropractic, or any other healing art in this state shall solicit persons to become patients, or advertise by mail, card, newspaper, pamphlet, radio, television, or any other medium, or permit his services to be advertised; provided, however, that such person may publish a brief announcement of the opening of an office or of any change of office location or change of office hours, and may cause to be listed in the telephone directory and classified advertising sections thereof his name, address, type of practice and office hours. Modest signs on the doors, windows, and walls of the licensee's office or on the building in which he maintains an office setting out his name, professional title in accordance with KRS 311.375, office hours and address shall not be considered as violations of this subsection.

(2) Each violation of subsection (1) of this section shall be punishable by a fine of not less than two hundred and fifty dollars ($250) nor more than one thousand dollars ($1,000) or by imprisonment for not less than one (1) month nor more than twelve (12) months or both.

To tell you the truth, I had no idea that this was illegal before today.  Someone please email me or call me and give me some legal research that says I’m wrong on this issue, because I think this law is ridiculous.

If you are a practitioner of the healing arts, and you have been charged with illegal advertising in Louisville, Lexington, Frankfort, Elizabethtown, or the surrounding areas, call 502.618.4949 for a free consultation today.  Seriously, I’ll take the first client that comes to me with this issue on pro bono, just to see if I can get the law changed. 

Simms & Reed, PLLC.  Results.  As fast as the law will allow.