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Timothy D. Belcher

Timothy Belcher’s Answers

7 total

  • Should I plea not guilty to my possession charge to get it reduced?

    This is my first charge and i am 19 years old. Should i just plea guilty or not guilty and hope it gets reduced?

    Timothy’s Answer

    You should not plead guilty at your first appearance. Plead not guilty and speak to a criminal defense attorney.

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  • If I am in an accident and found at fault, am paying the other persons insurance bill. Am I responsible to pay her deductable?

    I was uninsured (unintentionally, my father paid my insurance, let it lapse, didnt tell me) I took a left turn on a green light, not green arrow and was hit by a car turning with right of way. I have to pay the woman's 3,000 damages through her in...

    Timothy’s Answer

    I do not practice in your state and you should consult an attorney in your state.

    If this happened in Kentucky where I do practice the following would be my advice to you;

    You will have to pay the deductable. This is an amount she is out of pocket. If you do not pay it she will not be made whole. Her case will probably hold up in Court and no it is not worth it for you to take it to court. You should pay her, based on the information you have given.

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  • Do I have an legal option to defend myself against slanderous behavior?

    I recently did a simple, public google based background investigation on a person connected to my family from the privacy of my own home. When this person found out it angered them. In retort, this person sent a slanderous email to my employer w...

    Timothy’s Answer

    In Kentucky, To establish defamation, a plaintiff must show (1) defamatory language, (2) about the plaintiff, (3) which is published, and (4) which causes injury to reputation. Columbia Sussex Corp., Inc. v. Hay, 627 S.W.2d 270, 273 (Ky. App. 1981). The words complained of must be of such a nature that courts can presume as a matter of law that they do tend to denigrate or disgrace the plaintiff, or hold him up to public hatred, contempt or scorn. See Digest Pub. Co. v. Perry Pub. Co., 284 S.W.2d 832 (Ky. 1955)
    This type of case will be very fact intensive. It is hard to give you a good answer without knowing what the email contained and the language used. You do not want to publish the email on an open forum such as this, therefore, you should seek the advice of an attorney so the email can be reviewed.

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  • My boyfriend was arrested for 3 counts of unarmed robbery how much time will he get?

    this is his first charge he has never been in trouble with the law before, they have a hat as eviedence against him he is co accused with 4 other and two youth offenders

    Timothy’s Answer

    If he is charged with Robbery in the 2nd Degree the penalty is 5 to 10 years per count, which can run concurrently (together) or consecutively (one after the other) so this would mean a minimum of 5 years to a maximum of 30 years for 3 counts.

    Unarmed Robbery can be Robbery in the 1st degree. It depends if physical injury was caused to the victim or if a threat was made with a dangerous instrument during the robbery. Here is the Kentucky Revised Statute on 1st Degree Robbery.

    515.020 Robbery in the first degree.
    (1) A person is guilty of robbery in the first degree when, in the course of committing theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft and when he:
    (a) Causes physical injury to any person who is not a participant in the crime; or
    (b) Is armed with a deadly weapon; or
    (c) Uses or threatens the immediate use of a dangerous instrument upon any person who is not a participant in the crime.
    (2) Robbery in the first degree is a Class B felony.

    If he is charged with 1st degree that penalty is At least ten (10) but not more than twenty (20) years shall be deemed a Class B felony (For each Count and it could run consecutively) Min of 10 years maximum of 60 years

    Robbery in the Second degree is as follows

    515.030 Robbery in the second degree. (1) A person is guilty of robbery in the second degree when, in the course of committing theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft. (2) Robbery in the second degree is a Class C felony.

    At least five (5) but not more than ten (10) years shall be deemed a Class C felony
    Per Count.

    Of course there are a number of factors that will determine how long his actual sentence might be.

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  • If you have neglect charges brought against you that were unintentional and the county attorney decides not to do anything with

    I was accused of not doing everything that I could for my individual. I did everything that I was trained to do. State made my boss fire me and I have am supposed to have charges filed against me that will ruin my career as a counselor. They said ...

    Timothy’s Answer

    I do not know if I clearly understand your question but I will give it a try.

    First, a neglect charge is always unintentional. Who are "They"? and what are the exact charges that are being considered?

    You mentioned the County Attorney. He would only have an input on a misdemeanor charge in KY. The Commonwealth's Attorney could bring felony charge through the grand jury at anytime since there is on statute of limitations for a felony in Kentucky.

    Based on your question it sounds like you may have a valid defense, if your actions were that of a reasonably prudent "counselor" in the same or similar situation. Cases like this are very fact intensive and without more information it would be impossible to advise you properly.

    First, consult an attorney over you employment termination and have that attorney refer you to a criminal defense attorney.

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  • Insurance company offered me 500 dollars to settle. Should I be getting more?

    I was involved in a car accident(passenger) and ended up getting two stitches on my head. There is now a scar about one inch in from my hairline where hair is not growing back. They offered me 500 and then offered me 750 when I said 500 didn't see...

    Timothy’s Answer

    You need to consult an attorney in your state. I think you should be getting more. Since you have already been offered 750 ask the attorney you see if he or she would take you case and not charge you on the first 750 dollars in recovery.

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  • Is there a chance of not being awarded monetary damages in an auto accident case?

    I have a relative living with my parents ever since he was rear-ended in a car accident. He is claiming a shoulder injury from the accident, which I heard he has had since childhood. He was given a settlement by the other party, which was refused ...

    Timothy’s Answer

    There is always a chance that monetary damages will not be awarded. In depends on a number of factors. How will the relative present to a jury? What medical proof can be provided? in other words what does the treating doctor say about the shoulder injury and the cause of the shoulder injury. The defense lawyer will have all of your relatives medical records for trial and will probably send your relative for an IME (a doctor's exam which is paid for by the Defendant's Insurance company), which will almost always go against your relative. These are just a few of the factors that matter, there a hundreds more.

    The answer to you question is -- yes there is a chance your relative will not be award damages .. but there is also a chance your relative will be award damages. In any, lawyer tells you they can guarantee you will get damages do not believe it. There are no guarantees in a jury trial!

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