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Lexington Criminal Defense And Family Law Blog

What does it mean to be an accessory after the fact?

Like many of your neighbors in the Lexington area, you have friends and family members who mean the world to you. If someone you love commits a crime, you may find yourself in a rough spot. That is, your friend, colleague or relative may ask you to help cover up illegal activity. 

Many crimes do not happen in a single instant. On the contrary, there is usually a leadup before the actual crime. Then, there are often things that happen after the primary crime concludes. If you join the enterprise after the initial crime is over, you may have some legal exposure. Put simply, prosecutors may charge you with being an accessory after the fact

Dividing retirement assets in divorce need not be costly

Divorce can be a challenge to navigate in Kentucky and financial issues are perhaps the most challenging. It is particularly important that these accounts be handled correctly in order to avoid an unnecessary tax burden. IRAs and 401(k)s can both be divided without incurring penalties or taxes at the time of the split as long as the transactions are appropriately handled, thus maintaining the value of the retirement assets.

In dividing an IRA, the legal term to be aware of is "transfer incident to divorce." This is a process that allows the fund to be divided between two people without incurring any taxes at the time of the split. However, it must be specified that the split is occurring as a transfer incident to divorce. When this is done correctly and using the appropriate language, the recipient can transfer funds into his or her own account and not pay any taxes until money is withdrawn for retirement purposes.

Facing medicare and medicaid fraud charges can be unsettling

The state of health care in Kentucky and around the nation is a top concern of many Americans. The regulations governing Medicare and Medicaid can be baffling to both patients and practitioners. Failure to adhere to regulations, regardless of lack of intent, can lead to serious charges involving Medicare and Medicaid fraud.

A recent case involving a mental health counselor resulted in his receiving a possible 10-year jail sentence for overbilling Medicaid. The disputed amount is reportedly over $260,000. The gentleman had been a practitioner at the counseling center since 2007 and the amount in discrepancy included billing information from 2007 - 2019.

Protecting retirement assets later in life

Divorce in Kentucky and around the nation has seen an overall decline in recent years. One area where this does not hold true is the divorce rate for those aged 55 and older. The divorce rate for this group is on the rise. Another factor with his group is that they are also more likely to marry again than their younger counterparts. In view of that fact, there are some measures that can be taken to protect retirement assets in the divorce process.

One of the most useful tools available if a person is considering a second marriage is a prenuptial agreement. This can help clarify what assets were separate property prior to a second marriage thereby helping to ensure that they remain the property of that person. The agreement can also determine how increases in value of the assets during the marriage are to be handled.

Possession of meth can lead to serious criminal charges

A traffic stop can result in charges for more than a ticket or citation for a nonworking headlight. If probable cause exists, an officer in Kentucky can search a vehicle that has been stopped. There was one such instance around noon on a recent Saturday that involved a possible seizure of the drug known as drug known as meth, or methamphetamine.

Illegal drug trafficking and manufacture remains a very serious issue in the state. A driver was recently pulled over in an unspecified traffic stop. As the officer approached his vehicle, the driver allegedly tried to conceal evidence by swallowing drugs that may have been illegal. The officer reportedly found a not insignificant amount of methamphetamine, cash and digital scales after executing a search of the vehicle.

Employment contracts must make allowances for military personnel

Entering into an employment agreement with a company in Kentucky involves an understanding between the employer and employee that certain terms and conditions of employment will be met by both parties. The employer will pay the employee for work performed and the employee agrees to do the work. Some jobs have a regular five day a week schedule and others, such as movie theaters, have a variable schedule. Employment contracts stipulate that an employee agrees to be available as scheduled. There is an exception for military personnel.

A young man graduating from high school went to work for a local movie chain, and a few years later he joined the National Guard and retained his job at the movie theater. During this time, he was promoted to management at the theater. He was always granted leave, as legally required, from his job to fulfill his military obligations though his supervisor did frequently complain that it was an inconvenience. When the man could not work a late opening night special because of military obligations, his supervisor fired him.

Will the court approve a child custody agreement modification?

Pleased with your job performance, your employer is offering a promotion with greater responsibilities and a hike in salary. There is just one catch: You must move from Lexington to Louisville.

You have physical custody of your child, so she or he will relocate with you as long as the court approves your request for child custody agreement modification.

Business ownership and credit card debt can complicate divorce

Divorce can be a complex proceeding in Kentucky. The more assets and liabilities involved, the more complex it can be, particularly if the couple shares a business ownership. One issue may revolve around the resolution of credit card debt. How complicated the process is may be determined by how the credit cards are set up.

Many credit card accounts are held by both partners, but how they are configured can affect how they will be treated in a divorce. A joint account typically grants equal access to the card to both account holders. Another option is designating one spouse as an authorized user on an account. With a joint account, both parties are held equally responsible for paying off the debt. In the authorized user scenario, both parties have access to the card, but only the person who opened the account is ultimately responsible for repaying the debt.

Charges for drug crimes results from traffic stop

Sometimes a traffic stop can turn into something else.  A man in Kentucky who was pulled over on suspicion of driving a stolen car may have gotten more than he bargained for -- a drug crimes charge. Officers pulled the man over and discovered that the car had indeed been reported stolen. A subsequent search of the car allegedly resulted in finding a backpack containing a plastic bag that held a number of pills.

The incident occurred on a recent morning about 11 a.m. The vehicle, which had been reported stolen, was spotted near Hopkinsville. The accused was 23-year-old male from the area.

Medicare fraud charges can lead to criminal charges

The addiction crisis continues to ravage Kentucky and other states across the country. There are medical means to help those affected and a local doctor was accused of Medicare fraud after allegedly writing more prescriptions for an addiction treatment medication than she was authorized to write. The drug, buprenorphine, more commonly known as Suboxone, is prescribed in the treatment for opioid addiction.

Current law limits the number of patients who can be treated to 100 per month. This is done predominantly because buprenorphine can be diverted for illegal use. The civil complaint against the doctor alleged that she treated as many as 294 people a month during the time period in question. The doctor agreed to a settlement where she will pay a fine of $1.4 million. The settlement did not include an acknowledgement of wrongdoing.

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Lexington, KY 40507

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