Scott County, KY Criminal Lawyers

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Robert H Cornett Lawyer

Robert H Cornett

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Social Security, Criminal, DUI-DWI

I have practiced Social Security law for more than thirty years in Kentucky as well as many other states. I represented Social Security claimants in B... (more)

John Elliott Cornett

Personal Injury, Workers' Compensation, Family Law, Criminal, DUI-DWI
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Jeremy M. Mattox

Workers' Compensation, Divorce & Family Law, Criminal, Accident & Injury
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Roger A. Michael

Intellectual Property, Divorce & Family Law, Criminal, Accident & Injury
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Jeremy M Mattox

Workers' Compensation, Divorce & Family Law, Criminal, Personal Injury
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Bing I Bush

Criminal
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Amy Rebecca Duncliffe

Workers' Compensation, Family Law, Criminal, Personal Injury
Status:  In Good Standing           

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LEGAL TERMS

ARRAIGNMENT

A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters... (more...)
A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters often handled at the arraignment are arranging for the appointment of a lawyer to represent the defendant and the setting of bail.

PROSECUTE

When a local District Attorney, state Attorney General or federal United States Attorney brings a criminal case against a defendant.

BURGLARY

The crime of breaking into and entering a building with the intention to commit a felony. The breaking and entering need not be by force, and the felony need no... (more...)
The crime of breaking into and entering a building with the intention to commit a felony. The breaking and entering need not be by force, and the felony need not be theft. For instance, someone would be guilty of burglary if he entered a house through an unlocked door in order to commit a murder.

MENS REA

The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental s... (more...)
The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental state (the mens rea). The mens rea of robbery, for example, is the intent to permanently deprive the owner of his property.

PROSECUTOR

A lawyer who works for the local, state or federal government to bring and litigate criminal cases.

WARRANT

See search warrant or arrest warrant.

CAPITAL CASE

A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecuto... (more...)
A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecutor brings a capital case (also called a death penalty case), she must charge one or more 'special circumstances' that the jury must find to be true in order to sentence the defendant to death. Each state (and the federal government) has its own list of special circumstances, but common ones include multiple murders, use of a bomb or a finding that the murder was especially heinous, atrocious or cruel.

HUNG JURY

A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations ... (more...)
A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations with an assurance (sometimes known as a 'dynamite charge') that they will be able to reach a decision if they try harder. If a mistrial is declared, the case is tried again unless the parties settle the case (in a civil case) or the prosecution dismisses the charges or offers a plea bargain (in a criminal case).

JURY NULLIFICATION

A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for ... (more...)
A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for juries in England and the United States, although judges will prevent a defense lawyer from urging the jury to acquit on this basis. Nullification was evident during the Vietnam war (when selective service protesters were acquitted by juries opposed to the war) and currently appears in criminal cases when the jury disagrees with the punishment--for example, in 'three strikes' cases when the jury realizes that conviction of a relatively minor offense will result in lifetime imprisonment.

SAMPLE LEGAL CASES

Com. v. Padilla

... Supreme Court of Kentucky. January 24, 2008. Rehearing Denied June 19, 2008. 483 Jack Conway, Attorney General of Kentucky, David A. Smith, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, KY, Counsel for Appellant. ...

Hartsfield v. Com.

... They are testimonial when the circumstances objectively indicate that there is no such ongoing emergency, and that the primary purpose of the interrogation is to establish or prove past events potentially 244 relevant to later criminal prosecution. [18]. ...

Leonard v. Com.

... for Appellant. Jack Conway, Attorney General, David A. Smith, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, KY, for Appellee. Opinion of the Court by Justice NOBLE. Appellant ...