Motion of the Quarter

Louisville Criminal Defense Attorney

The motion of the quarter is placed here and archived each quarter.  This is the most useful motion I could think of currently.  A lot of criminal defense lawyers don't even know about this exception in the statutes.  I've attached the statute, but it is really powerful.  Once you have met all requirements of the sentence you can void your first possession.  By way of definition, "void" means dismissed and 60 days after it can be expunged.  I don't think people understand this subsection and do not understand how valuable it is to attorneys and individuals.  If you received a fine for a possession case, you can void it and expunge the charge.  No waiting 5 years.  
This page is an attempt to help the general public.  

Criminal Trial Lawyer

The Motion to Void a Possession Charge, First Offense KRS 218.275(8)

Below is a copy of a motion to void a first conviction for possession of a controlled substance, whatever it is.  This worked on felony cases before Housebill 463 and now it is incredibly effective.  This was the legislature realizing drug records were too much a hindrance for our community and trying to get them to disappear early.   All cases and other files uploaded to the site should be in good format and able to be viewed.  Also, any cases or statutes uploaded will be the most current version of the cases or caselaw.  Please alert if they are out of date. 10.31.17.
Cases Explaining Statute KRS 218.275(a) Motion to Void - .docx
NO. (your case number) ( Your county’s name) DISTRICT COURT
                            DIVISION (XXX)

COMMONWEALTH OF KENTUCKY PLAINTIFF


V.


(YOUR NAME GOES HERE) DEFENDANT



NOTICE – MOTION – ORDER


* * * * *


NOTICE

TO: Assistant County Attorney
 514 West Liberty Street
 Louisville, Kentucky 40202

 Please take notice that the following motion will be made on Wednesday, the 29th day of June, 2016 at 9:00 a.m. in the above Court.  

MOTION TO VOID POSSESSION CONVICTION

 Comes the defendant, (YOUR NAME GOES HERE), by counsel, and hereby moves this Court, pursuant to KRS 218A.275, to enter the attached order granting voiding her January 5, 2011 conviction for Possession of a Controlled Substance, 3rd Degree. In support of her motion, (YOUR NAME GOES HERE) states the following:
 1. KRS 218A.275 reads in relevant part, "[i]n the case of any person who has been convicted for the first time of possession of controlled substances, the court may set aside and void the conviction upon satisfactory completion of treatment, probation, or other sentence, and issue to the person a certificate to that effect...[]"
 2. (YOUR NAME GOES HERE) plead guilty on January **, 2011 to Possession of a Controlled Substance in the 3rd Degree. This was her first and only conviction for possession and finished her probated time and all conditions required by the statute to be eligible to have her offense voided. The text "or other sentence" applies to the fine and court costs.  

 WHEREFORE, Ms. ******** moves this Court to enter the attached order granting him

shock probation.  

      Respectfully submitted, 

      _____________________________
      Brendan McLeod
      138 South Third Street
      Louisville, Kentucky 40202
      502.386.1414 – Cell
      502.561.9117 - FAX


CERTIFICATE

 This is to certify that a copy of the foregoing was hand served in Open Court to the County Attorney or his agent on June **, 201*.   



      __________________________________________
      Brendan McLeod
      
      











NO. (your case number) ( Your county’s name) DISTRICT COURT
                           DIVISION (XXX)

COMMONWEALTH OF KENTUCKY PLAINTIFF


V.


(YOUR NAME GOES HERE: ALL CAPS) DEFENDANT


ORDER

 It having come before the Court upon motion of the defendant and the Court being fully

advised;

 IT IS HEREBY ORDERED that the (Your name here) Possession of a Controlled Substance in the (Your misdemeanor Drug Charge) conviction from January **, 20** is voided.  




       ____________________________________
Honorable Judge (Your judge’s Name)
(Your County’s name) District Court
Division (***)
       

       DATE:______________________________







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