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David Brent Cox

David Cox’s Answers

232 total


  • Can I still get my charge expunged

    I have a theft by unlawful taking (shoplifting) charge from 2006. I participated in the diversion program and was told it would be expunged. It still remains on my record and I just lost a great job because of it (I didn't know it was still on m...

    David’s Answer

    I handle expungements in Fayette County and would be glad to assist you. You may contact me at 859-523-2250. Thanks.

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  • Do I need an attorney? Am I entitled to a workers comp settlement?

    I got on a car accident while working. I deliver tires and hit a deer suffering a wrist injury. This was 8 months ago. Physical therapy didn't help and I have had tests done (X-rays, MRI, bone scan). The doctor said he couldn't find anything and r...

    David’s Answer

    In Lexington, you should contact the Frank Jenkins Law Office who handles a lot of worker's compensation claims. The office number is 859-389-9344.

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  • I have a situation, what can I do?

    I have had the same guy do my landscaping the last 2-3 years, and have never had a problem...until now. As usual, I had him come to my house to look at the landscaping and we discussed what to do. This was on May 12. I gave him a check for $150...

    David’s Answer

    In Kentucky, the District Courts have a small claims division for handling these types of matters. You can go to the clerk's office and fill out the paperwork and pay your filing fee and get a court date. Good luck!

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  • What is the process for litigation if the seller breaks the contract?

    Buying a home. Seller agrees to fix chimney both inside and out in contract addendum. Contractor comes out and only "fixes" part of what was wrong. I hire another mason to check the chimney. He finds that what the previous contractor did was "shod...

    David’s Answer

    As mentioned, depending on the terms, you may be file suit based on breach of contract. In addition, the seller is in material breach of the contract, you may refuse to close on the property. You should contact an attorney in your area to advise you on this matter. Good luck!

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  • Do I need an attorney for an expungement hearing?.

    Do I need to be present at an expungement hearing? I live in another state and have a hearing coming up in less than 1 week in order to determine if my record should be expunged. I filed the paperwork on my own without the assistance of an attorne...

    David’s Answer

    While generally agree with Mr. Mascagni, the way these motions are treated seems to vary from county to county and it may matter whether you are in district or circuit court. You should consult an attorney in the county were you are filing for expungement. Good luck!

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  • If under the influence of alcohol and I get charged with 4th degree Assault/minor injuries what would my charges be?

    I had recently been arrested for reporting a false incident as well, but I was intoxicated at both times....

    David’s Answer

    If you are charged with Assault, 4th Degree, then that is your charge. Your question is otherwise confusing.

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  • If I talked to a lawyer about my divorce and do not use them can my spouse use that lawyer?

    Need to use lawyer

    David’s Answer

    Generally, this sounds it would be a conflict for the attorney. More details are needed. If you currently have an attorney representing you in the divorce, then you should consult with him or her about the situation. Good luck!

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  • I was arrested for Theft By Unlawful Taking over 500 but under 10,000, waiting to be indicted, can I avoid going back to jail

    I have one prior felony for criminal mischief in another county, and a few misdemeanors, none that are theft related, I haven't been in trouble in a couple of years. I got out of jail on a surety bond while its being bound over to the grand jury. ...

    David’s Answer

    Mr. Mascagni gives you excellent advice. You should follow it. Hire an attorney! Good luck!

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  • My ex-husband owes $5,157.38 in child support. What do I do? What happens if I proceed with indictment?

    State of KY Went more than 11 months without a single payment Received the information from child support enforcement

    David’s Answer

    You should contact your county attorney's child support enforcement office. If your ex-husband is indicted he will face a felony flagrant non-support charge which could end up in his being incarcerated. Sometimes, if the parent owing child support makes a good faith effort to pay what is owed, then the county attorney may keep the case in district court. If the county attorney does not help you, you should contact a local family law attorney. Good luck!

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  • How much time if any will I get for burglary 3rd degree with this being my first charge?

    I just turned 18 and have no prior arrests or convictions, my record is clean. I was arrested for burglary in 3rd degree and was caught with the property on my persons. I was released on a 5000 unsecured bond and have court this coming Tuesday. ...

    David’s Answer

    Before you talk to anybody about this or any other case, you should hire an attorney as soon as possible. If you cannot afford an attorney, one will be appointed for you. Share your case details with your attorney regarding potential punishments. Good luck!

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