Skip to main content
Patrick Francis Barsotti

Patrick Barsotti’s Answers

14 total


  • Can I contest breathalyzer and field sobriety test? What charges for 1st offense DUI aggravated?

    Patrick’s Answer

    The PBT is not admissible in court should you decide to proceed to trial. There are many ways to challenge the reliability of field sobriety testing, and given your condition you likely have a defense to some of the tests. The waiting period that you are reading about is probably in reference to the intoxilyzer that is used to measure BAC by being administered at the jail. You should contact a criminal defense attorney in your area that can review your case in more detail. Many attorneys will offer free consultations before they agree to take your case.

    See question 
  • What happens if on probation for $32 shoplifting and shoplift $38 while on probation?

    Patrick’s Answer

    The county attorney will likely ask the court to revoke your probation based upon your new charge. You should contact a local attorney to review your case and negotiate on your behalf. Most attorneys will not charge a fee for an initial consultation. Good luck.

    See question 
  • When you're sentenced to a county year and has already served some time before being final sentenced, does that time count?

    Patrick’s Answer

    Your friend is not entitled to credit for street time while he was on probation. However, he will likely get credit for all time that he has served in the county jail before his final sentencing.

    See question 
  • Can I get a 1st degree burglary charge reduced to a misdemeanor after 20 years

    Patrick’s Answer

    Kentucky law was recently changed to allow for the expungement of certain felony offenses. Unfortunately, the charge of First Degree Burglary is not eligible under this new law.

    See question 
  • I'm wanting to change my daughter birth certificate

    Patrick’s Answer

    In Kentucky, a parent may petition the Court for a child's legal name to be changed. These types of proceedings generally take place in District Court. However, if there is a case in Family Court the petition must be filed there. You should just call a few attorneys to find one who is willing to assist you with this process. Good luck!

    See question 
  • Can you get unsupervised probation for felony charges

    Patrick’s Answer

    It is highly unlikely that you will receive unsupervised probation if convicted of Robbery charge. In light of your recent indictment, you should contact a Criminal Defense attorney to represent you. Every case is different. An attorney will be able to negotiate with the prosecutor on your behalf and protect your rights.

    See question 
  • Is the charge unlawful transaction with a minor an expungable offense.

    Patrick’s Answer

    Certain felonies are now eligible to be vacated and expunged in Kentucky pursuant to KRS 431.073. Included in the list of eligible offenses is the TBUT of a Firearm as set forth in KRS 514.030. If the unlawful transaction with a minor charge is in the third degree it would also be eligible for misdemeanor expungement pursuant to KRS 431.078. However, unlawful transaction with a minor offenses classified as Class D felonies and higher are not eligible for expungement under the law.

    Your brother should contact an attorney if he is interested in having his record expunged. Whether or not an offense is eligible for expungement is just the first step in the process. He will need an attorney to review his criminal record to verify that the specific charges are in fact eligible and file the proper pleadings with the court. Additionally, Kentucky law requires a $500 filing fee for a felony expungement petition.

    See question 
  • Can a hold be lifted while you are incarcerated

    Patrick’s Answer

    More information about the cases that he has in other counties is needed in order to determine whether or not anything could be done. Holds can be a result of outstanding warrants and indictments that could possibly result in more jail time for your son to serve. Just because he received probation in one county does guarantee that he will receive probation on additional charges in different counties. Your son should hire a criminal defense attorney that can review the reasons for the holds and address them accordingly.

    See question 
  • Am I obligated to pay our contractor for work done when he has walked off the job with it unfinished?

    Patrick’s Answer

    Despite the fact that you have no written contract, the relationship between you and the contractor is contractual in nature. Generally speaking, with a services contract, such as your bathroom remodel, a party must substantially perform in order to trigger the buyer's obligation to pay. With that being said, the contractor would likely be entitled to receive payment if there is "not much left to do". However, substantial performance is a very fact specific inquiry that changes depending on the circumstances. Additionally, you may also have additional claims or defenses for additional costs that you may incur for finishing the job. An attorney would need to review the circumstances in more detail in order to competently advise you on your legal rights, defenses, and claims under the contract.

    See question 
  • What happens if you are charged with driving on DUI suspended twice within a month's time period?

    Patrick’s Answer

    • Selected as best answer

    You are facing jail time. Depending on the circumstances and your criminal history, Driving on a DUI Suspended License could be a felony offense in Kentucky. For example, a third offense within five years is a Class D felony punishable by one to five years in prison, and a second offense is a Class A misdemeanor punishable but up to twelve months in the county jail. You should contact an attorney.

    See question