FAQ

If someone breaks into your home, the use of deadly force could be justifiable under Kentucky’s self-defense laws and the Castle Doctrine. However, there are exceptions in which the use of deadly force could result in an arrest for assault, homicide, or manslaughter.

It is wise to understand your legal rights to avoid a weapons charge or murder charge, especially if you own a gun to protect yourself and your family from intruders.

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If you are accused of a crime or you are under investigation for a crime, you have the right to legal counsel. It does not matter whether you face drug crime charges, DUI charges, or weapons charges. The United States Constitution guarantees you the right to consult with a criminal defense lawyer. Never give up or waive your right to counsel when facing criminal charges in Kentucky. Always exercise your right to consult with a lawyer before answering questions or giving the police a statement.

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Your prior brushes with the law can have an enormous influence on your life. Once you pay your fines or serve jail time, you will likely have to face the additional collateral consequences of your conviction. Having a criminal conviction can prevent you from getting desirable jobs and living where you would like. What’s worse, your criminal history can influence a prosecutor’s decisions about new charges and can result in harsher punishments for subsequent convictions. If you have legal questions about a current criminal case, seek the advice of an experienced criminal defense attorney immediately.

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When you need to hire a criminal defense lawyer to represent you, it can be challenging to know what you are looking for. Obviously, you want your lawyer to be experienced, attentive, and personable. After all, who you hire matters. That is why it is so important you are prepared when you meet with an attorney for a free consultation. Knowing which questions to ask and what answers to look for can help you weed out the lawyers who might not be a good fit and zero in on the attorneys who will do an excellent job defending you. But many people who are in search of a lawyer are doing so for the first time. They have never been arrested or summoned to a courtroom before. Knowing where to even begin can be stressful in and of itself. To help you navigate the challenging process of hiring the right lawyer, here are several questions you might want to ask during a free consultation.

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A criminal defense attorney represents individuals who are under investigation for criminal activity. They represent clients who might be witnesses in a criminal case. They also represent individuals charged with crimes.

If you or a family member has been arrested or is dealing with a criminal law matter, it is wise to consult a criminal defense lawyer as soon as possible.

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Probable cause is a legal term that is often misunderstood. Law enforcement must have probable cause to believe you committed a crime before they search or arrest someone.

Probable cause is a particular and reasonable belief that an individual is:

• committing a crime,
• has committed a crime or
• is about to commit a crime.

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State or federal law enforcement cannot stop you or place you under arrest for no reason. They can only do so with reasonable suspicion or probable cause. If they lack these, the arrest is not legitimate.

We will dig deep and analyze the circumstances leading up to and surrounding your arrest. We will listen closely to your side of the story, interview witnesses, review police reports, and scrutinize all available evidence. We will also do a deep dive into the arresting officer’s history for the possibility of making unlawful arrests. If a mistake was made, we will waste no time in bringing it to the court’s attention. Charges filed based on unlawful arrests cannot stand.

Prosecutors may try to scare you into accepting a plea bargain with claims of evidence supporting the charges against you. They may very well have evidence. However, the focus should be on whether that evidence is usable in a court of law. If the evidence has been obtained in a violation of your rights – no matter how small – it cannot be used against you.

Thus, we will conduct an exhaustive examination of the state’s evidence. We will pick apart the process of how that evidence was first identified and how it came to be in the state’s possession. We can track the chain of custody to find potential flaws. If we find that evidence was seized illegally or that your 4th Amendment rights were infringed upon, we will ask a judge to throw it out. Without evidence, the government may have no choice but to dismiss the charges against you.

In preparing its case, the government will seek the help of local experts. For more than a decade, we have seen first-hand the impact expert testimony can have on a case. If prosecutors have experts working to build a criminal case against you, we will spare no expense in bringing in specialists and professionals on your behalf.

That might mean relying on an accident reconstructionist or forensic specialist during an investigation or a medical professional or appraiser evaluating evidence. Where the other side has experts working a certain angle, we will have one to match to level the playing field.

Experience matters when your future is on the line. At Oakley & Oakley, LLC, we have been standing up for the accused in Lexington and Fayette County for years, handling the most complex criminal cases at both the state and federal levels. We have successfully defended clients before the Kentucky Supreme Court, US District Court, as well as the US Court of Appeals for the 6th Circuit.

This means we are intimately familiar with the laws and procedures that will affect your criminal case. Attorney Jay Oakley is well-known and respected in courts in and around Fayette County. This means he knows the prosecutors who will seek to put you behind bars and has a rapport with the judges who will hold your fate in their hands.

Extensive daily experience and legal insight can be a huge asset in fighting criminal charges.

At Oakley & Oakley, LLC, our clients are more than numbers on a case file. We see our clients for who they are – people who have made a mistake or been falsely accused of a crime. We know that your life has been thrown into turmoil and that it could stay that way for a long time without the right team by your side.

You deserve every opportunity to defend yourself and prevent a criminal charge from turning into a conviction. A simple mistake or understanding should not define who you are or dictate how your life unfolds. You have a future ahead of you and we are here to help you preserve it.

That’s why we strive to treat every client with the utmost respect and give you our best effort. We tenaciously fight to secure the best possible outcome in every case.