Podcast
Mercenaries And Gunslingers Podcast
Hosted by Tim Denison, Attorney at Law · EN
Louisville Criminal Defense Attorney Tim Denison is launching Mercenaries & Gunslingers, The Criminal Defense Podcast. Tim has almost 30 years of trial experience at the District, Circuit and Federal levels. He discusses criminal law, defense strategies and stories, with just a little swagger thrown in for fun.
10episodes
Episodes
Newest firstAll episodes
An Expungement is Your Golden Ticket
Jan 13, 202500:16:10Tap to summarizeEpisode 15: This episode is the third chapter in a mini-series focusing on expungements. Louisville criminal defense attorney Tim Denison has over 30 years of experience representing clients in Louisville and across Kentucky. Today, Tim discusses a number of questions about expungements. He explains why an expungement is your golden ticket. If you missed them, click here to listen to Episode 13: An Expungement Can Erase Your Criminal Record. Click here to listen to Episode 14: How to Get an Expungement. The Day After Effect Tim has successfully filed many expungements over the years. At the outset, people are sometimes ashamed, frustrated or embarrassed. They want to move forward from the past. Tim enjoys this area of law because the end result is beneficial for the client and everyone's happy. It opens doors many thought they were permanently closed to them, because of a mistake or decision they made in the past. An expungement enables you to move on with life and hold your head up. Once again, it's your golden ticket. Need to Contact an Experienced Kentucky Expungement Attorney? Tim's office phone number is (502) 589-6916. You can learn more via TimDenisonLaw.com. Tim's principal office is located at: 235 South 5th St., Third Floor, Louisville, KY 40202. The information from this podcast is for informational purposes only and does not establish an attorney-client relationship. Co-host Jim Ray is a non-attorney spokesperson. This is an attorney advertisement.
Transcribe →How to Get an Expungement
Dec 30, 202400:16:26Tap to summarizeEpisode 14: This episode is the second chapter in a mini-series focusing on expungements. Louisville criminal defense attorney Tim Denison has over 30 years of experience representing clients in Louisville and across Kentucky. Today, Tim discusses the expungement process. Need to Contact an Experienced Kentucky Expungement Attorney? Tim's office phone number is (502) 589-6916. You can learn more via TimDenisonLaw.com. Tim's principal office is located at: 235 South 5th St., Third Floor, Louisville, KY 40202. The information from this podcast is for informational purposes only and does not establish an attorney-client relationship. Co-host Jim Ray is a non-attorney spokesperson. This is an attorney advertisement.
Transcribe →Erase a Criminal History with an Expungement
Dec 16, 202400:20:37Tap to summarizeEpisode 13: Louisville criminal defense attorney Tim Denison has over 30 years of experience representing clients in Louisville and across Kentucky. This episode is the first chapter in a mini-series focusing on expungements. Tim will explain how to erase a criminal history with an expungement. Tim begins by explaining the decision to release a mini-series about issues related to expungements. The reality is the general public may not fully understand what a powerful tool an expungement is and can be. Need to Contact an Experienced Kentucky Expungement Attorney? Tim's office phone number is (502) 589-6916. You can learn more via TimDenisonLaw.com. Tim's principal office is located at: 235 South 5th St., Third Floor, Louisville, KY 40202. The information from this podcast is for informational purposes only and does not establish an attorney-client relationship. Co-host Jim Ray is a non-attorney spokesperson. This is an attorney advertisement.
Transcribe →Think Twice Before Posting on Social Media
May 8, 202300:14:34Tap to summarizeEpisode 12: Louisville criminal defense attorney Tim Denison has over 30 years of experience representing clients in Louisville and across Kentucky. He remains convinced social media can cause significant complications for someone charged with a crime. Unfortunately, these complications are often self-imposed. Need to Contact an Experienced Criminal Defense Attorney? Tim's office phone number is (502) 589-6916. You can learn more via TimDenisonLaw.com. Tim's principal office is located at: 235 South 5th St., Third Floor, Louisville, KY 40202. The information from this podcast is for informational purposes only and does not establish an attorney-client relationship. Co-host Jim Ray is a non-attorney spokesperson. This is an attorney advertisement.
Transcribe →When to Say No to a Police Search
Apr 24, 202300:15:55Tap to summarizeEpisode 11: Louisville criminal defense attorney Tim Denison addresses search and seizure topics. He'll explain when to say no to police search and why. You have rights under the US Constitution. They're worth defending. Always refuse searches Search and seizure laws are an important part of the justice system. They protect citizens from unreasonable searches and seizures by the government. However, it is important to understand what these laws mean and when to exercise your right to refuse a search. Knowing your rights is an important part of protecting yourself. Remember that you have the right to remain silent, the right to refuse a search and the right to an attorney. If you ever find yourself in a situation where you feel your rights are being violated, it is important to speak up and stand up for yourself. Better yet, let your criminal defense attorney do it for you. Need to Contact an Experienced Criminal Defense Attorney? Tim's office phone number is (502) 589-6916. You can learn more via TimDenisonLaw.com. Tim's principal office is located at: 235 South 5th St., Third Floor, Louisville, KY 40202. The information from this podcast is for informational purposes only and does not establish an attorney-client relationship. Co-host Jim Ray is a non-attorney spokesperson. This is an attorney advertisement.
Transcribe →Kentucky Concealed Carry Issues
Apr 10, 202300:17:03Tap to summarizeEpisode 10: Louisville criminal defense attorney Tim Denison discusses carrying concealed deadly weapons. While the 2nd Amendment and even the Kentucky's state constitution permits an individual to bear arms, there are limitations. If you're not aware of them, you could be in violation of the law. Tim will cover a variety of topics related to concealed carry issues in this episode. Need to Contact an Experienced Defense Attorney? Tim's office phone number is (502) 589-6916. You can learn more via TimDenisonLaw.com. Tim's principal office is located at: 235 South 5th St., Third Floor, Louisville, KY 40202. The information from this podcast is for informational purposes only and does not establish an attorney-client relationship. Co-host Jim Ray is a non-attorney spokesperson. This is an attorney advertisement.
Transcribe →Divorce and Criminal Charges
Jul 6, 202000:31:23Tap to summarizeEpisode 9: Louisville criminal defense attorney Tim Denison welcomes his colleague, Louisville divorce attorney Christine Miller, to discuss how criminal records and divorce can intersect and what steps you may need to take. Divorce is a sensitive topic to a lot of people. They're very emotionally charged. An important issue to remember is that criminal records can come into play. Preparing for Battle If there's going to be a custody battle, especially when there is a criminal record, Tim always does background checks on both parties. This allows Tim to have complete control of what may happen in cross-examinations. It also allows Tim to be two steps ahead in the process. The most important thing he looks at is to determine whether these charges can be expunged. An expungement is a permanent erasing of a criminal charge from your record. Legally you will be allowed to say, "That never happened." Today, everything is online, which gives lawyers, or really anyone, the opportunity to look up a name and see their charges. All the information they find, they can use in court. If it is expunged, they will not be able to find it. Always look into getting charges expunged because it may not be as easy to get one in the future. Not every criminal charge can be expunged, but now 61 Class D felonies and a lot of misdemeanors can be expunged. Violations and misdemeanors typically can be expunged, unless they relate to or have some elements of sexual abuse or abuse of any person who may not be able to defend themselves. The charges remain on your criminal record unless you expunge it. Most judges will see today that you took initiative and responsibilities for your actions and did everything you could to get it removed. Judges look very highly on that. Click on this link to listen to Tim's podcast episode about expungements. DUI Charges It is important to note that a DUI is different. It will remain on you record for 10 years because it has an extended lookback period. If for some reason in the middle of a divorce one of the parties is charged with a DUI, the facts will be extremely relevant to the ongoing divorce, especially if children are involved. The charging document will have a lot on it that can be very helpful, like what you may have blown and the circumstances. As with a misdemeanor, if a case is dismissed you can expunge it in 60 days. Felony & Misdemeanor Charges If you plead guilty or if you are convicted at trial, it is 5 years from either the conviction date or the expiration of probation. If a felony is dismissed without prejudice, you don't always want to run back in and seek to expunge that immediately. That being the case, because if it is without prejudice, the commonwealth attorney can bring it back. If it is less than a year, you will have to get the commonwealth attorney involved, but if it goes beyond a year, they won't even ask. One of the important questions Christine will often ask her clients is, "What is the worst thing they are going to say about you?" Divorce is emotional and everyone can be out for blood. If something legally comes up, she will have them call Tim to get it expunged then go to court afterwards. Domestic Violence Orders A domestic violence order (DVO), are civil matters. They show up when you get a job and do a background check. An emergency protective order (EPO) and an inter-personal protective order (IPO) will show up as well. Employers are scared to see those and now you can get these expunged. If possession comes into play, an important thing to remember is that family cases are not in front of a jury, it is only a judge. When judges see there may be a drug charge from years ago, it will still have an impact on their decision. Do You Need to Modify the Divorce Decree? When everything is said and done and you come back to court for post-decree modification, most of the old criminal charges will not come into play. If there are new charges, then they do have the possibility of being brought up. Another thing is if one of the parties decide to date and their new partner has a background, criminal records could also come into play. If you think their new partner does have an issue, you should contact your attorney immediately. Contact with Christine Miller: Miller Law Office Phone: 502-333-9223 Facebook: @LouisvilleDivorceAttorney Instagram: @LouCityDivorce Tim's office phone number is (502) 589-6916. You can learn more via TimDenisonLaw.com. Tim's principal office is located at: 235 South 5th St., Third Floor, Louisville, KY 40202. The information from this podcast is for informational purposes only and does not establish an attorney-client relationship. Co-host Jim Ray is a non-attorney spokesperson. This is an attorney advertisement.
Transcribe →Kentucky DUI Laws
Jun 22, 202000:35:52Tap to summarizeEpisode 8: In this episode, Louisville criminal defense attorney Tim Denison discusses DUI law as it relates to Kentucky and what you should do at the scene. The most important thing to remember, if you get pulled over for a DUI, is to keep your mouth shut and to call your lawyer immediately. The police are obligated to allow you to call your lawyer within 10-15 minutes of arrival at jail. Don't give excuses to the police officer. You will probably get arrested no matter what, so why create all these extra facts building up against you by trying to justify what happened. It is very important to look at the sequence of events and the time it took place. Your lawyer may have an argument of accuracy under the manufacturer's instructions, if there is an elapse of too much time involving the testing. Similarly, if you are using blood or moving to suppress the blood, you need to know what time it was taken, who took it, and there can be a huge custody issue on that as well. The driver usually knows how much he/she had to drink. If it was truly one or two drinks, in a first case scenario, you should take the breathalyzer test when you get to jail not at the scene. Never take the field sobriety test (PPT) because it is a given that you will probably fail. If you don't take the test, you could foreclose a lot of opportunities. If you are going in and you don't think you are going to blow that high, then go ahead and take the test when you get to jail. The reason for that is because there is a first offender DUI program and unless you're reading is over a 0.15, you could wind up getting into the program. Ultimately the case will be dismissed. When you get into multiple DUI's and the time of enhancement starts expanding, then there are significant advantages if the driver does not take the test. If a blood test comes into play, they can have it done at the jail or you are entitled to your own independent blood test on top of that if you so choose. If you ask for an independent blood test, they have to take you to get one. The evidence is suppressed if it is wrongfully gathered or the evidence can't be used in the manner, they want to use it. In both of the breathalyzer and blood test, it would not deal with the time but rather the circumstances under when the tests were administered. It is important to get a hold of all the camera footage if there is a bodycam or from a building. Kentucky DUI Penalties On the first offense, your license can be suspended. If there is a refusal to take the breathalyzer test when you get to jail, it can be suspended up to 6 months. If you refuse the test anytime, the refusal is grounds to suspend your license immediately. However, if you take the test, it could be a 30-day suspension. If you've had more than one offense, they require immediate suspension at the first appearance of court. Regardless if you've taken the test or not, just the fact that you're charged with a second or more offenses is grounds for the court to suspend your license. Fines and potential jail time do not come into play until you have finished the case. The fine range is $200-$500, a $365 service fee, plus court costs, plus alcohol treatment, and some counties are putting the breathalyzer on the car. The breathalyzer in the car is an ignition inner-lock device. If it senses any alcohol, the car will not start. You usually would have that on there for 6 months and if you don't have any infractions then generally, you'll be entitled to get your license back. Even on the first offense, you will be looking at around $800 in fines. If you have a commercial driver's license (CDL), this becomes a much larger game. Even if a CDL operator is charged and convicted on a DUI, while operating their own car, it will ultimately suspend their CDL for a year. If you have to drive for a living, you won't be working. Before you even get out of the car, you should be calling your attorney in this situation. The sooner they contact, the sooner the attorney can start on damage control. Expungement for a DUI Charge In Kentucky, a DUI can be expunged. This is the legal process for removing a charge from your record. Now to get a DUI removed from your record, there is a lookback period of 10 years. That's 10 years going forward and it's 10 years retroactive. So if you've had a DUI within the past 10 years, even if they told you it was a first offense and you're getting the penalties for the first offense, if you get another one within those 10 years, you will be facing a second. If you would like more information you can listen to my podcast episode on Kentucky expungement law. It is very important that your attorney knows what needs to be done. An experienced Louisville DUI attorney will know what will be in your best interest. Tim's office phone number is (502) 589-6916. You can learn more via TimDenisonLaw.com. Tim's principal office is located at: 235 South 5th St., Third Floor, Louisville, KY 40202. The information from this podcast is for informational purposes only and does not establish an attorney-client relationship. Co-host Jim Ray is a non-attorney spokesperson. This is an attorney advertisement.
Transcribe →Interview with Judge Don Armstrong
Jun 5, 202000:34:19Tap to summarizeEpisode 7: In this episode, criminal defense attorney Tim Denison and retired Judge Don Armstrong discuss what is appropriate in a court room. It is always important to know which judge will be handling your case. All judges are different and have different expectations or "rules". It also allows you to decide how you may play your defense. It's important to know the prosecutor and what division it is because then he will know if it's civil or criminal or both. Your attorney should also look at how the judge ruled in past cases. Some lawyers may not like each other and it can sometimes come out in the court room because people's future depends on these cases. As a criminal defense attorney, Tim knows what he needs to do. He is tough and strong, but that's who you should want to be on your side. He redefines the norm and pushes boundaries to win the case in hand. If a civil case comes in, it's much easier to know what the judge may do, especially in circuit court. In Judge Armstrong's case, they were on a rotation which would assign them to a division. This meant they really had to know each division really well. To get a certain judge it could assigned either randomly or based on last names. Most judges will know the lawyers in the courtroom, whether it be personally or if they just happen to practice in front of the judge fairly often. The nice thing about having a judge who has practiced law for a long time before is that he/she understands the stress and preparation that goes into a case. When in a court setting, as a client it is important to note that your lawyer will ask the appropriate questions. It's important to not distract your attorney because he needs to listen, so make sure to write the question on a piece of paper if necessary. Most questions that you may want to ask will not be a proper question. It is probably a triple hearsay question. The judge also can tell when the attorney switches from his line of questioning to the client's. The judge and jury can see everything. They see how you react if something is brought up and how your body language changes. So, as a client it is really important to know that the judge and court notices your behavior, mannerisms, or if you have an attitude. If the client acts up in court, they are not helping themselves. It is also important to dress for court because if you don't dress seriously sometimes the court won't take you seriously. Each judge is different, but it is important to look as professional as possible. Tim's office phone number is (502) 589-6916. You can learn more via TimDenisonLaw.com. Tim's principal office is located at: 235 South 5th St., Third Floor, Louisville, KY 40202. The information from this podcast is for informational purposes only and does not establish an attorney-client relationship. Co-host Jim Ray is a non-attorney spokesperson. This is an attorney advertisement.
Transcribe →Representing Students with Criminal Charges
Apr 17, 202000:26:20Tap to summarizeEpisode 6: Louisville criminal defense attorney Tim Denison discusses representing students charged with criminal activities. Let's listen to Tim explain the details, in this episode. Public Intoxication This charge can generally be dealt with by volunteer work and some commitments from the student to stay out of trouble. The charge can eventually be dismissed. After the dismissal, the charge could also be expunged, as we discussed in Episode 5. Assault Charges In Kentucky, this is often both Assault and Battery. Assault 4 is a misdemeanor (up to 12 months). There's either no injury or a minor injury. Assault 3 is a Class D felony, usually reserved for some type of contact with a law enforcement officer or healthcare worker such as a nurse or doctor. Assault 2 is a Class C felony, often involving a substantial injury or disfiguration, with a dangerous instrument, such as in a bar fight. Assault 1 is a Class B felony (10-20 years) such as a DUI resulting in an injury to a victim you crashed into. It might be a shooting that did not resolve in death. Marijuana Possession Kentucky allows many of these cases to be resolved via a misdemeanor drug diversion program, which dismisses the charge if you complete it. Again, 60 days later, the charge could be expunged. In Jefferson County, marijuana possession is generally not being enforced at this time. Depending upon the amount of marijuana, it may be considered trafficking with different penalties. The school or university may decide to take additional punitive action. Tim has also represented students in these administrative hearings. Drug Possession Heroin, meth and other drugs are taken more seriously. How these are pursued depend on the amount seized, the type of drug and the defendant's criminal record. Working to Get the Charge Reduced There may be a possibility of getting the charges reduced. Each case is unique, but a skilled criminal defense attorney may be able to successfully get the charges reduced to minimize the impact on the defendant's record. Drug charges and related charges need to be positioned, if possible, to eventually enable them to be expunged. The long-term impact of having these charges is that they'll remain on your record and will negatively affect your ability to apply for certain jobs. DUI Arrest The damage can usually be mitigated, if action is quickly taken. Entering a diversion program may be an option to get the charge dismissed and then expunged after 2 years (not the normal 60-day period). If convicted, the DUI will remain on your record for 10 years. The diversion program can also enable you to keep your license, while you're actively participating in the program. Avoid Common Misconceptions Students typically don't understand how DUI offenses can be enhanced. They also fail to recognize how serious the ramifications can become with a second or third offense. As with other criminal charges, people commonly make the mistake of thinking just because the charge was dismissed, they were found not guilty or if they've served their sentence, their records will be automatically cleared. Without an expungement, this does not happen. Tim's office phone number is (502) 589-6916. You can learn more via TimDenisonLaw.com. Tim's principal office is located at: 235 South 5th St., Third Floor, Louisville, KY 40202. The information from this podcast is for informational purposes only and does not establish an attorney-client relationship. Co-host Jim Ray is a non-attorney spokesperson. This is an attorney advertisement.
Transcribe →