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Frankfort Kentucky Legal Blog

The Fourth Amendment and your cellphone: What are your rights?

People depend on their cellphones now more than ever. Cellphones help us keep in contact with loved ones and direct us where we need to go. We store nearly our entire lives on cellular devices, from personal conversations in text messages to memorable photos.

With how much people depend on their cellphones, it is essential that individuals know what privacy rights they have regarding them, especially if they face criminal charges. A recent news story about a Florida man's arrest and police's increasing determination to access people's cellphones only demonstrates how important it is for Kentuckians to understand their rights.

What is a de facto custodian?

Who takes care of children when their biological parents cannot? Usually, extended family members step up to care for children. And in some cases—especially cases involving substance abuse in the family—that person might become the full-time caregiver of that child.

There is a legal term for such a person. A de facto custodian may not be a child's biological parent, but they do act as a parent in every other sense of the word.

What can you do if you are falsely accused of a crime?

Roughly 10,000 people are wrongfully convicted of crimes each year in the United States. This issue is a divisive topic that criminal justice reformers across the nation are trying to fix.

However, many of these situations start with a false accusation. The reasons for false accusations vary significantly, though they usually revolve around fear. But what can individuals do if they face allegations of a crime they did not commit?

What should you do in a traffic stop?

No matter the circumstances, getting pulled over by the police is a stressful and frightening experience. 

There is no doubt that a traffic stop is overwhelming. And many people do not know what to do. Here are some critical tips to follow during a traffic stop.

Stress and divorce pt. 2: How to manage the stress of a divorce

In the last post, we discussed why divorce is so stressful for so many people. And while stress may always accompany significant life changes—like divorce—that does not mean that people have to suffer the consequences of it.

Here are some helpful tips on how to manage stress during a divorce.

Stress and divorce pt.1: Why is divorce so stressful?

Experts and couples alike often say that divorce is one of the most stressful events anyone could experience. And they are not wrong. The Holmes-Rahe Stress Inventory ranks divorce and separation just below the stress of losing a loved one—which is at the top of the list.

There is no doubt that divorce is stressful, but many people might wonder why? The answer to that question is different for everyone. However, there are three primary causes of the stress involved in a divorce.

What are the most common injuries after a car accident?

There is an average of more than 130,000 traffic crashes on Kentucky roads every year. Many of these crashes leave families facing severe injuries that disrupt their entire lives. Here is a look at some of the most common injuries that can result from a car accident.

Knowing your rights when police pull you over

You may be feeling many conflicting emotions as you watch the latest viral videos of Kentucky police encounters with citizens. Watching a group of officers wrestling a teenager or forcing a seemingly unarmed person to the ground may be upsetting, and you may have questions about whether that kind of force is necessary.

An important lesson to learn from these videos is that you do not always know when a routine traffic stop can escalate into a more serious event. While it is important to keep in mind that viral videos rarely tell the whole story, knowing your rights and the limitations of law enforcement is critical since you never know when you may be involved in a police encounter.

A new possible penalty for first-time DUIs

The tragedy of the Carrollton bus crash of 1998 led Kentucky to increase the consequences for drunk driving significantly. However, Kentucky still ranks as one of the states with the highest rates of DUIs in the country.

It seems that government officials took action yet again last month when they passed a law to increase the penalties for a first-time DUI.

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