The Law Office of David Higdon, lawyers in Georgetown, KY, Kentucky

ELIGIBILITY FOR PAROLE

A prisoner is generally eligible for parole after the prisoner has served an amount of his or her sentence that is in accordance with a state's statutes. The prisoner's eligibility for parole also depends upon the amount of good conduct time that the prisoner has earned during his or her incarceration. A prisoner who is serving a death sentence is not eligible for parole. A prisoner who is serving a life sentence may not be eligible for parole until he or she serves a minimum term of imprisonment, such as 40 or 50 years, depending upon the state's statutes. Also, a prisoner who is convicted of certain offenses, such as murder, aggravated robbery, or aggravated sexual assault, may not be eligible for parole until he or she has served a minimum term of imprisonment.More...

Statements of Juveniles

After a juvenile has been arrested, they have the right to receive Miranda rights and the right to be represented by counsel. The juvenile also has the right to be free from self-incrimination as provided under the Fifth Amendment to the United States Constitution. More...

OBTAINING CONTROLLED SUBSTANCES BY FRAUD

A person commits an offense when he or she acquires, obtains, or attempts to obtain possession of a controlled substance by misrepresentation, fraud, or forgery. The person obtains a controlled substance by fraud when the person forges or alters a prescription for the controlled substance.More...

Production Immunity

Although the concept of production immunity is relatively new, in 1886 the United States Supreme Court held that the compulsory production of private papers containing incriminating information violated the Fifth Amendment to the United States Constitution. The Court has since found that as long as the subpoenaed papers were prepared voluntarily, the documents themselves cannot be said to contain compelled testimonial evidence. The documents therefore may not always be withheld on Fifth Amendment grounds. More...

CAPITAL MURDER

A person commits the offense of capital murder when he or she, under certain circumstances, intentionally or knowing causes the death of an individual or when he or she intends to cause serious bodily injury to an individual and commits an act that causes the death of the individual. More...