Michael T. Burns, PLLC Michael T. Burns, PLLC 2026-07-13T07:08:05Z https://www.mikeburnslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1200967/2019/12/cropped-favicon-1-32x32.png On Behalf of Michael T. Burns, PLLC <![CDATA[Understanding physical injury in domestic violence cases]]> https://www.mikeburnslaw.com/?p=50264 2026-07-02T07:10:12Z 2026-07-13T07:08:05Z Going beyond the surface In Kentucky, the law defines a physical injury as something that causes significant pain or physically impairs someone. Since pain is subjective, proving substantial pain generally does not require a hospital visit. Instead, state courts often use the victim’s testimony and any visible marks as a basis.

The low threshold for prosecution

You may be wondering what exactly counts as a physical injury in the eyes of a judge. Historically, Kentucky courts have accepted the following:
  • Minor bruising or redness
  • Small scratches or abrasions
  • Swelling or injury’s tenderness to the touch
While visible marks can make a case easier to prove, they are not a strict requirement for the prosecution. A victim’s statement of pain alone can sometimes be enough to sustain a criminal charge.

Significance of the domestic violence designation

The low bar for physical injury often escalates a simple harassment charge to a Class A misdemeanor. In addition to facing up to 12 months in jail and fines that can reach $500, convicted individuals may also lose their firearm rights due to the  domestic violence aspect. Moreover, a second conviction for domestic assault within a five-year window can lead to enhanced sentencing or more severe scrutiny by prosecutors.

Possible defensive strategies

Your defense lawyer can challenge the assault charge by arguing that the alleged contact did not injure the victim at a level that rises to impairment or substantial pain. Having strong evidence can also support your side. Utilizing photos, medical records (or lack thereof) and witness statements is helpful to contest the prosecution’s claims.

Protecting your rights and future

When an unwanted physical altercation occurs, even a minor injury can have permanent legal consequences. Dealing with violent crime charges can be difficult and overwhelming, but you do not have to endure it alone. Seeking legal guidance can help you review the circumstances of your case to determine the best path forward.]]> On Behalf of Michael T. Burns, PLLC <![CDATA[How the clothes you wear can interfere with field sobriety tests]]> https://www.mikeburnslaw.com/?p=50261 2026-06-15T13:45:26Z 2026-06-15T13:45:26Z How does your footwear affect your performance? Your shoes play a crucial role in field sobriety tests, particularly the walk-and-turn and one-leg stand tests. High heels make maintaining balance extremely difficult, even for completely sober individuals. Platform shoes, flip-flops and worn-out shoes can make you lose your balance. Kentucky officers learn how to account for footwear issues when they administer the standardized field sobriety tests. Officers should offer the opportunity for you to remove your footwear if you are wearing heels higher than two inches.

Why is it harder to do field sobriety tests in tight clothing?

Tight skirts, formal dresses and stiff jeans can restrict your range of motion during field sobriety tests. The walk-and-turn test requires you to take nine heel-to-toe steps in a straight line, turn and return. Clothing that restricts your movement can make the test harder, even if you are sober. Long coats or heavy jackets can affect your balance and make it harder for officers to observe your body movements clearly. Loose-fitting clothes might seem better, but extremely baggy pants or long skirts can catch under your feet and cause stumbling.

What options do you have during a traffic stop?

Field sobriety tests are voluntary in Kentucky. You can refuse these tests, but doing so may have consequences. If you choose to participate, you can politely request to remove your shoes or ask to perform the tests on a flatter surface. Document your clothing and footwear if possible. Take note of what you were wearing and how it might have affected your performance. This information may help if you later challenge the test results. What you wear can affect your performance on field sobriety tests and may help explain poor results.

Your awareness can protect you from a wrongful charge

Field sobriety test results are not the final word on your case. It may help to take immediate action to protect your defense. Be sure to document your footwear and clothing while the details remain fresh. If you can, request any available dashcam or bodycam footage that shows what you wore during testing. Being aware of how your clothing affects your performance can help you respond and build a stronger defense.]]> On Behalf of Michael T. Burns, PLLC <![CDATA[Can you refuse a police search during a DUI stop in Kentucky?]]> https://www.mikeburnslaw.com/?p=50260 2026-05-19T09:43:52Z 2026-05-19T09:43:52Z What searches can officers conduct? During a DUI stop, Kentucky law enforcement officers have certain authorities they can exercise. They can typically observe your behavior, ask you questions and request that you perform field sobriety tests. Officers may also ask to search your vehicle, but this is where your rights become more nuanced. You generally have the right to refuse a search of your vehicle if the officer does not have probable cause or a warrant. If an officer has probable cause to believe that evidence of a crime is present in your vehicle, they may proceed with a search under the automobile exception, regardless of your consent. The distinction between what requires your permission and what does not can be complex. It is worth noting that certain situations give officers broader authority. If contraband is in plain view or if officers arrest you, the rules may change considerably. Under Kentucky's implied consent law, you are deemed to have given consent to chemical testing of your breath, blood, or urine only after you have been lawfully arrested for a suspected DUI.

Understanding the consequences of refusal

While you might have the right to refuse certain searches, doing so can carry consequences. Refusing an evidentiary chemical test administered after a DUI arrest will trigger a license suspension at your arraignment, but refusing a preliminary roadside breath test does not result in an automatic suspension. Your demeanor during the stop matters too. It may be beneficial to stay respectful while asserting your right.

Know your options

If you are facing a DUI stop, consider that you have the right to remain silent beyond providing basic identification. You have the right to remain silent during a stop, but Kentucky law only guarantees you a limited 10-to-15-minute window to contact an attorney after you have been arrested and before you decide to submit to post-arrest chemical testing. Every DUI stop is unique, and the specific circumstances will affect what officers can and cannot do. If you believe law enforcement violated your rights during a stop, documenting everything you remember and understanding your legal options could be helpful.]]> On Behalf of Michael T. Burns, PLLC <![CDATA[What to do when facing false domestic violence allegations?]]> https://www.mikeburnslaw.com/?p=50259 2026-04-21T13:19:56Z 2026-04-21T13:19:56Z Keep your distance from the accuser As soon as you find out about the accusations, your emotions can overwhelm you. While talking to the accuser can be tempting, any attempt to contact them is detrimental to your case. If the courts issue a domestic violence order or an emergency protective order, any form of communication constitutes a criminal violation. Silence should be your course of action now.

Gather evidence to rebut the allegations

False accusations are often a he-said, she-said battle. The best way to face this is to compile convincing evidence. You can start by logging your whereabouts and collecting witness statements from neighbors, family and friends. If you have texts or emails that show the other party threatening to ruin you or make up stories, ensure to save them in multiple backups.

Refrain from using social media

You may want to use your social media accounts during this time, but this can make the situation worse. It is possible that the accuser may be spreading rumors about you online, claiming that you physically injured them to get a reaction from you. Do not let your urges get ahead and respond with an angry post. This can be twisted and used against you in court.

Fight the allegations with legal counsel

Accusations can change your reputation at work and your relationships with your children. Because a domestic violence conviction can tarnish your record, it is wise to seek legal counsel on fighting the false allegations.]]> On Behalf of Michael T. Burns, PLLC <![CDATA[Why some Kentucky DUI cases get reduced or dismissed]]> https://www.mikeburnslaw.com/?p=50257 2026-03-11T13:34:12Z 2026-03-11T13:34:12Z Getting charged with a DUI in Kentucky is a serious event. It can affect your job, your driver's license and your future. However, not every charge leads to a conviction. In some cases, prosecutors may reduce charges or drop them. Understanding the specific laws in Kentucky can help you know what to expect.

Problems with the traffic stop or arrest

In Kentucky, police must have a legal reason to pull you over. This is called reasonable suspicion. For example, if an officer stops your car for no clear reason, a judge might not allow the evidence they find in court. If that happens, the prosecutor's case becomes much weaker. Officers must also follow strict rules during an arrest. While people often hear about Miranda rights on TV, those rights usually apply only if police question someone after an arrest. However, officers must follow the right steps when using breathalyzer machines. Technicians must clean, test and use these machines correctly. If police did not maintain the equipment properly, an attorney can challenge the results in court.

Weak or missing evidence

To win a DUI case, the prosecutor must prove you were driving while impaired beyond a reasonable doubt. If the evidence is thin, the case may not move forward. Kentucky law sets strict limits on DUI charges. If a breath test shows 0.08% or higher, a prosecutor usually cannot deal or reduce the charge to something else, like reckless driving. They can reduce or drop the charge only if they show the judge there is not enough evidence to prove guilt. If someone performed the breath test incorrectly or a medical condition affected the result, an attorney might argue that the evidence is unreliable.

How an attorney can help

Facing a DUI alone can feel scary. A lawyer who knows Kentucky law can look at the details of the stop and the testing tools police used. They check whether the police followed every rule. Even if the court does not drop the charge, having a professional look for errors is the best way to protect your rights.]]> On Behalf of Michael T. Burns, PLLC <![CDATA[When both parties face domestic violence charges in Kentucky]]> https://www.mikeburnslaw.com/?p=50255 2026-02-12T15:38:12Z 2026-02-12T15:38:12Z How law enforcement decides who to arrest When the police respond to a domestic violence call, Kentucky law generally gives officers the discretion to look at the facts and decide if there is probable cause to make an arrest. The following factors can influence their decision:
  • How severe each person's injuries are
  • Statements from witnesses, neighbors or children at the scene
  • Any history of domestic violence between the parties
  • Whether one person appeared to act in self-defense
Because the state does not have its own primary aggressor law that forces police to identify a single instigator, officers rely heavily on their training and judgment. This means that if the evidence suggests both parties broke the law, it is possible for both to be charged.

What penalties you might receive

In cases where law enforcement arrests both people, the legal system generally treats them as separate cases. The court evaluates each charge based on its own facts, meaning both parties could face the full range of penalties under Kentucky law. Most domestic violence arrests in the state involve fourth-degree assault, which is a Class A misdemeanor. If convicted, this carries a penalty of up to 12 months in jail and a fine of up to $500. The situation becomes more serious if either party has prior offenses. Under state law, a fourth-degree assault charge can escalate to a Class D felony if the defendant has two or more prior convictions for assaulting a family member or partner within the last five years. A felony conviction carries a prison sentence of one to five years. In addition to potential jail time, the court will likely issue a no-contact order as a condition of release. The other party may also file a separate civil petition for an Emergency Protective Order, which can require you to leave a shared home and cut off all communication.

How a strong defense strategy can make a difference

Challenging domestic violence charges does not mean a conviction is certain, especially when both parties are involved. Several defense options may apply based on the facts of your case. Kentucky law explicitly allows you to present evidence of prior abuse by the other party. If there is a documented history of violence, that evidence can be critical in showing that your actions were a justifiable response to an imminent threat, rather than an act of aggression. How officers addressed the initial investigation also matters. If they did not review each person’s account separately or overlooked key evidence, an attorney may be able to challenge the basis for the charges. It can be possible for an attorney to work with prosecutors to reduce charges or explore other options, especially when there are factors that support your side. Every case is different and the right strategy depends on the details of what happened.]]> On Behalf of Michael T. Burns, PLLC <![CDATA[Can you still drive with an ongoing DUI case in Kentucky?]]> https://www.mikeburnslaw.com/?p=50248 2026-01-13T10:50:36Z 2026-01-13T10:50:36Z When you may still be able to drive If you’re wondering whether you can continue driving, the answer depends on what occurred during the traffic stop and what happens in the days that follow. Kentucky’s framework places significant weight on timing and procedure, not just the underlying charge. Several factors influence how your driving privileges are addressed after an arrest:
  • Breath test decisions: Taking or refusing a test can affect how quickly license-related issues arise.
  • Administrative license action: Kentucky may rely on a civil process that operates separately from the criminal case.
  • Deadlines: Missing a short deadline can trigger a suspension that might otherwise have been avoided.
  • Limited driving options: Some drivers qualify for restricted driving privileges or an ignition interlock.
These factors can answer whether driving remains lawful while a case is still pending. Many people assume driving privileges stop immediately. That is not always the case. Understanding how the process works can help protect driving privileges during this interim period.

Why timing matters after a DUI arrest

A DUI arrest does not equal a conviction. Court cases often take time, but decisions affecting driving privileges can occur sooner. The first days after an arrest may influence how the situation unfolds long before a judge reviews the case. For those in professional roles, positions that require driving or public-facing jobs, even a brief loss of driving access can create broader complications. Missed workdays raise questions. Lost transportation adds stress. Daily responsibilities become harder to manage. Early awareness of how license decisions are handled can help people avoid assumptions that disrupt work, transportation and routine obligations.

Understanding what comes next while a case is pending

A DUI charge can feel as though it puts life on hold, but that is not always true. Many people in Kentucky continue driving for a period of time while their case remains pending. Others lose that option after delays or misunderstandings about how the process operates. Outcomes frequently depend on timing and what happens during the early stages of the case. Concerns about a license, employment or reputation are common after a DUI arrest. Learning how the system operates can reduce uncertainty and help people move forward with greater clarity and steadiness.]]> On Behalf of Michael T. Burns, PLLC <![CDATA[What a no-contact order means in domestic violence cases]]> https://www.mikeburnslaw.com/?p=50247 2026-01-02T07:56:22Z 2025-12-18T13:43:18Z How Kentucky law defines a no-contact order A no-contact order is a legal directive issued by a court that restricts communication between parties and is commonly utilized in DV cases. Under state law, judges have the power to set these rules when releasing someone from jail before trial, especially if the charges involve assault, sexual offenses or violating a protective order. An order tied to your criminal case remains in effect while it is pending. While the specific pretrial order expires upon case resolution, if you are convicted or plead guilty, the judge will likely issue a new order as a condition of your sentence or probation.

What restrictions this order may include

The exact conditions of a no-contact order will depend on the specific facts of your situation. That said, most orders include a standard list of things you are strictly forbidden from:
  • Communicating directly in any way, this includes phone calls, voicemails, text messages, emails, letters and social media messages
  • Being physically present at designated locations, such as a home, workplace, school or other specified address
  • Initiating indirect contact through third parties, meaning you cannot ask friends, family members or others to relay messages on your behalf
At the same time, courts understand that some situations require limited exceptions. This often applies when both parties share parenting responsibilities or need to manage shared property. In these cases, a judge may allow restricted contact through attorneys, approved third-party services or supervised visitation centers. If your order does not mention an exception that fits your situation, you may be able to request a modification through the court using proper legal procedures.

What happens if you violate the no-contact order

Under Kentucky law, intentionally violating a pretrial no-contact order constitutes a Class A misdemeanor and can carry potential penalties of up to 12 months in jail and fines reaching $500. Additionally, the court may revoke your bond and return you to jail to await trial. State law also allows law enforcement to make an arrest for these violations. If an officer has probable cause to believe you violated the conditions of your release and can verify that you had notice of those conditions, they can arrest you without a warrant. This means that an unintentional phone call or an accidental encounter could lead to immediate arrest if reported. While this order is in effect, your legal representative can review the exact language of the order and explain any unclear terms before a mistake causes any issues. If an alleged violation does happen, your attorney can examine whether you actually had proper notice of the conditions and whether the contact was truly intentional.]]> On Behalf of Michael T. Burns, PLLC <![CDATA[What to do if you’re pulled over for DUI in Kentucky]]> https://www.mikeburnslaw.com/?p=50245 2025-11-25T07:14:17Z 2025-11-25T07:14:17Z Getting stopped for a possible DUI can feel overwhelming. You may worry about your license, your job or your record. Yet you can protect yourself if you know what to do. Here is a clear guide based on Kentucky law and common police practices.

Stay calm and follow instructions

When the lights appear in your rearview, your first steps matter. Start by slowing down and pulling over safely. Then keep your hands where the officer can see them. Calm actions like the following help create a smoother stop:
  • Move to the right shoulder or a safe parking lot
  • Roll down your window and wait for the officer
  • Provide license, registration and insurance when asked
These steps show cooperation and prevent confusion.

Know which questions to answer

After the officer approaches, they will ask questions. Some will be simple and required. Others are designed to gather evidence. You do not have to explain where you were, how much you drank or why you are driving. Therefore, give only the basic information you must provide:
  • Share your name and required documents
  • Avoid extra comments about drinking
  • Ask to speak with an attorney if questions continue
Short, respectful answers help you avoid harmful statements.

Understand field sobriety tests

Next, the officer may ask you to step out of the car for field sobriety tests. These tests check balance, eye movement and coordination. Many people struggle with them even when sober. Because the tests are voluntary in Kentucky, you may politely decline. However, the officer can still arrest you based on other observations.

Know the rules for breath tests

If you are arrested, Kentucky’s implied consent law applies. This means you must take the official breath or blood test or face extra penalties. Those penalties may include a license suspension, so it often helps to take the official test at the station. You can challenge the results later with help from an attorney.

Call an attorney as soon as possible

After a DUI stop, your next step should be legal help. An attorney who understands police procedure can find problems with the stop, test or arrest. Then, they can help you explore your legal options and begin working on a defense strategy.
]]> On Behalf of Michael T. Burns, PLLC <![CDATA[Permanent loss of parental rights after DV: is it possible?]]> https://www.mikeburnslaw.com/?p=50242 2025-10-21T08:08:49Z 2025-10-21T08:08:49Z Permanent loss of parental rights represents one of the most severe actions a court can take against a parent. When domestic violence (DV) is involved, the risk of losing your children permanently dramatically increases.  Kentucky law makes clear that family safety is priority. Understanding how the state defines and punishes abuse in custody matters is crucial for anyone dealing with the Family Court system and facing this grave possibility.

DV findings and custody loss

A domestic violence finding in court immediately overrides the standard legal assumption favoring joint custody and shared parenting time. Kentucky law demands a judge consider any determination of abuse against the other parent or the child.  A court can deny custody to the abusive parent entirely and restrict visitation if contact would seriously endanger the child’s physical, mental, moral or emotional health.  For severe or chronic abuse, the Circuit Court can pursue involuntary termination of parental rights, permanently severing all legal ties between parent and child.

Is reinstatement of parental rights possible?

A parent who loses custody or visitation due to DV can attempt to modify the court order. However, reinstatement is a difficult process. The law requires a parent to prove a substantial change in circumstances.  A judge must consider any efforts the abusive parent made toward completing court-ordered domestic violence treatment counseling or programs. If the court terminates parental rights, the decision is conclusive and binding. Although reinstatement of parental rights (RPR) is uncommon, Kentucky does provide a statutory path for their restoration.

Why the stakes are sky-high

Losing parental rights can be devastating, but the court will need clear and convincing evidence before terminating parental rights. With proper support, a parent can fight in preventing the termination of their parental rights. A skilled attorney can present an evidence-based defense and rigorously document every step of rehabilitation.   ]]>