Lexington Criminal Justice Attorneys

 

Facing criminal charges can be an overwhelming and life-changing experience. The stakes are high, and the consequences of a conviction can impact your future, reputation, and freedom. That is why having skilled legal representation is critical. At Mashni Law, PLLC our dedicated Lexington criminal justice attorneys are here to protect your rights, craft a strong defense, and guide you through every step of the legal process.

With years of experience handling the most complex criminal cases, Mashni Law, PLLC offers the strategically aggressive legal representation you need when you need it most. Whether you are dealing with misdemeanor charges or a felony accusation or need help expunging your record, we are here to fight for your future and provide the clarity and support you need when you need it most. Contact our office to request a confidential consultation today, and our team will walk you through the criminal justice process, common defenses, and the comprehensive services we offer to help you through this challenging time.

The Criminal Justice Process in Kentucky

The criminal justice process in Kentucky is complex and can feel intimidating without knowledgeable legal guidance. Understanding the steps of the criminal process can help you prepare and make informed decisions about your defense. At Mashni Law, PLLC, we are with you from start to finish, so your rights are protected and your case is handled effectively. Here is a general overview of how the criminal justice process unfolds in Kentucky:

1. Arrest and charges – The process begins with an arrest or criminal citation. At this stage, law enforcement must have probable cause to believe a crime has been committed. It is critical to exercise your Fifth Amendment right to remain silent and request legal representation immediately.
2. Arraignment – The first court appearance, known as arraignment, involves hearing the charges against you and entering a plea of guilty or not guilty. This step sets the tone for the case, and having your attorney present ensures you understand the charges and options available.
3. Pretrial motions and discovery – During this phase, we gather evidence, review the prosecution’s case, and file motions to suppress unlawfully obtained evidence or dismiss charges. This is a critical step in building a strong defense.
4. Trial – If your case proceeds to trial, both sides present evidence and arguments before a judge or jury. Our job is to challenge the prosecution’s evidence, cross-examine witnesses, and present a compelling defense on your behalf.
5. Sentencing or dismissal – If found guilty, the sentencing phase determines the penalties, which can include fines, probation, or incarceration. In some cases, charges may be dismissed due to insufficient evidence, procedural errors, or successful defenses.

Common Criminal Cases We Handle

At Mashni Law, we offer comprehensive legal defense services for a wide range of criminal charges. Our team understands the seriousness of these accusations and is committed to protecting your rights and pursuing the best possible outcome. Here are some of the most common types of cases we take on:

Murder Defense

Under KRS § 507.020, murder is one of the most serious charges in Kentucky. A homicide conviction can result in capital punishment, life imprisonment, or a prison sentence ranging from 20 to 50 years. 

Drug Offenses

Drug-related charges, including possession, trafficking, and manufacturing, are governed by KRS § 218A. Penalties vary depending on the type and amount of drugs involved. For example, trafficking in Schedule I or II substances can lead to 5 to 10 years in prison and fines up to $10,000. 

DUI Defense

Driving under the influence (DUI) is a serious offense under KRS § 189A.010. Penalties for a first offense include a 4-6 month license suspension, fines of $200 to $500, and up to 30 days in jail. Subsequent offenses carry harsher penalties. Our team works to challenge field sobriety tests, chemical test results, and improper traffic stops.

Sex Offenses

Sex crime charges like sexual assault or abuse fall under KRS § 510. Convictions for first-degree sexual assault can result in 10 to 20 years in prison and mandatory registration as a sex offender. 

Assault Defense

First-degree assault, defined in KRS § 508.010, involves causing serious physical injury or using a deadly weapon. Penalties include 10 to 20 years in prison. We investigate every detail of the incident to build a strong defense, whether it involves self-defense or lack of intent.

Juvenile Defense

Kentucky’s juvenile justice system focuses on rehabilitation, but juvenile crimes can still carry significant consequences. Penalties include detention in a juvenile facility, probation, or participation in court-ordered programs. We work to protect the future of young clients by pursuing dismissals or reduced charges.

Traffic Offenses

Traffic violations, such as reckless driving or speeding, are governed by KRS § 189.390. Penalties range from $20 to $500 in fines and potential license suspension. We aim to reduce fines, prevent points on your license, and protect your driving privileges.

Disorderly Conduct

Defined under KRS § 525.060, disorderly conduct is a Class B misdemeanor punishable by up to 90 days in jail and fines up to $250. We may focus on constitutional issues, such as freedom of speech, to defend against these charges.

Common Defenses to Criminal Charges

When facing criminal charges, building a compelling defense is essential if you hope to protect your rights and achieve the best possible outcome. At Mashni Law, PLLC, we carefully evaluate every case to identify the most effective defense strategies based on the facts and circumstances. Here are some common defenses we may utilize:

Mistaken Identity

Mistaken identity occurs when a person is wrongfully accused of a crime due to witness misidentification or circumstantial evidence. We thoroughly investigate the case to uncover errors in identification, such as flawed lineups, unreliable witness testimony, or lack of physical evidence tying you to the crime.

Self-Defense

Self-defense is a common defense in cases involving assault or other violent crimes. To assert self-defense, evidence must show that actions were taken to protect yourself or others from imminent harm. We gather witness statements, surveillance footage, and other evidence to support your justification for these actions.

Violation of Constitutional Rights

Under KRS § 431.005, law enforcement must adhere to constitutional protections during arrests, searches, and interrogations. If evidence was obtained unlawfully, such as through an illegal search or without a warrant, we may be able to get the charges against you dismissed by filing a motion to suppress that evidence.

Insufficient Evidence

The prosecution must prove guilt beyond a reasonable doubt per KRS § 500.070. If there is insufficient evidence to support the charges, we challenge the credibility and admissibility of the evidence. 

Entrapment

Entrapment occurs when law enforcement persuades or coerces someone into committing a crime they would not have otherwise committed. This defense can be used to argue that the criminal act was instigated by police misconduct rather than the defendant’s intent.

Alibi

If you were not present at the scene of the alleged crime, we can present an alibi defense. Witness statements, time-stamped receipts, or digital evidence, such as GPS or cell phone records, may be used to establish your whereabouts at the time of the incident.

The Impact of a Criminal Record

A criminal conviction can have far-reaching consequences that extend well beyond fines and incarceration. At Mashni Law, PLLC, we understand how even a single conviction can affect your life, and we are committed to helping you minimize these impacts through strategic legal representation. Here are some of the long-term challenges associated with a criminal record:

Employment Challenges

Many employers conduct background checks as part of their hiring process. A criminal record can limit job opportunities, particularly in industries that require security clearances, professional licenses, or public trust. This can create significant barriers to financial stability and career growth.

Loss of Civil Rights

Certain convictions, particularly felonies, may result in the loss of fundamental civil rights. In Kentucky, this can include the inability to vote, serve on a jury, or possess a firearm. These restrictions can have a lasting impact on your personal freedom and civic participation.

Social Stigma

A criminal record often carries a social stigma that can affect personal relationships and standing in the community. This can lead to feelings of isolation and make it more challenging to rebuild your life after a conviction.

Lexington Criminal Justice FAQ

At Mashni Law, PLLC, we understand that facing criminal charges can raise many questions and concerns. Below, we address some of the most common questions and concerns to provide clarity and help you make informed decisions about your case.

What should I do after being charged with a crime?

If you have been charged with a crime, it is important to remain calm and avoid discussing your case with anyone other than your attorney. Exercise your right to remain silent and contact a qualified criminal defense attorney as soon as possible. Early legal representation can significantly impact the outcome of your case.

Why is it important to hire a criminal defense lawyer promptly?

Hiring a criminal defense lawyer in Lexington as soon as possible gives us the opportunity to begin building your defense immediately. Early action can help preserve evidence, interview witnesses, and address procedural issues before they escalate. Delaying representation may result in missed opportunities to strengthen your case.

What should I look for in a private criminal defense attorney?

When choosing a criminal defense attorney, consider their experience, reputation, and communication style. Look for a criminal defender who has successfully handled cases similar to yours and is dedicated to protecting your rights. 

What happens at my first court appearance in Kentucky?

Your first court appearance, called your arraignment, involves hearing the charges against you and entering a plea. You will also learn about your rights and any conditions of release. You may be ordered to pay bail before you can get home to your family. Having a powerful legal representative by your side gives you an opportunity to request a reduced bail if the amount is set too high, so you can wait for your trial date from the comfort of your home.

Will I qualify for pretrial diversion?

Pretrial diversion could give you an opportunity to avoid going to trial. However, not everyone will be eligible for this alternative option. Generally, pretrial diversion programs are only available for defendants who have no criminal record and are charged with a non-violent offense. If you are accused of committing a violent crime, you may not meet the required criteria.

In some cases, even if you have a criminal record, pretrial diversion may still be an option. We see this most often in cases where individuals are charged with minor drug possession offenses and may benefit from rehabilitation as opposed to punitive action. Pretrial diversion does come with its own stipulations, however, so be prepared to follow these demands, or the prosecutor will simply proceed with the original charges against you.

What is the statute of limitations on criminal charges in Lexington?

The statute of limitations on the criminal charges against you will depend on the level of the offense in question. For example, if you are facing misdemeanor charges, the prosecutor will typically have up to one year from the date of the alleged offense as described under KRS 500.050. However, if you are accused of committing a felony, there is no statute of limitations.

Turn to Mashni Law for Help From Our Respected Lexington Criminal Justice Lawyers

Whether you are dealing with a misdemeanor, felony, or federal offense, our team has the experience and dedication needed to build the strongest defense strategy possible based on the circumstances of your case. Your trial-proven Lexington criminal justice attorney from Mashni Law, PLLC understands the impact criminal charges can have on your life, and we are here to guide you through every step of the process so you can rest easier while waiting for your pending court date.

Take the first step toward protecting your future by scheduling a free consultation. Contact us through our confidential contact form or call our office directly to get started on your defense strategy as soon as today.