Benham J. Sims, III
Attorney at Law

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Louisville, Kentucky Attorney Benham J. Sims, III,
A Criminal, DUI, Expungement, and Criminal Defense Lawyer

It is rare to find a practicing attorney who has served as a Judge, trial prosecutor, defense attorney, author, special prosecutor, special public defender. Because of this experience, I have been asked to serve as a seminar instructor at prosecutor conferences, public defender conferences, police department training, and for the Kentucky and Louisville Bar Associations. In 2008, I had the honor of serving as a Special Justice on the Kentucky Supreme Court. My life and work experience gives me a unique perspective.

After earning my Juris Doctor from the University of Louisville School of Law in 1989, I was appointed an Assistant Jefferson County Attorney. I prosecuted murder cases in juvenile court, theft and drug cases in felony misdemeanor court and warrant courts, and gained statewide recognition for prosecuting DUI cases. I created and served as the Director of the DUI Jury Trial Division in the Jefferson County Attorney's Office and wrote the Kentucky Prosecutor's DUI Trial Manual, "But Occifer, I only had two beers".

In 1995, I was the only county attorney in the state to receive the Mothers Against Drunk Driving "MADD" Outstanding Public Service Award. Later that same year, Attorney General Ben Chandler honored me with the Outstanding Public Servant award on behalf of the Kentucky Prosecutors Association. The following year the Jefferson County Fraternal Order of Police recognized me as their "Prosecutor of the Year".

In 1997, Attorney General Chandler asked me to serve as Special Counsel to the Kentucky DUI Task Force, charged with drafting the new DUI law for presentation to the 1998 Kentucky General Assembly. Later that same year, the Governor appointed me Judge in Jefferson District Court. I presided over numerous bench and jury trials. After leaving the bench, I was one of three lawyers asked to serve as a "special public defender" by the Jefferson County Public Defender's office. In that capacity, I represented a number of indigent clients. In 2008, I was appointed by the Governor serve as a Special Justice on the Kentucky Supreme Court.

I have been representing clients in a variety of criminal and civil courts in Jefferson and surrounding counties since 1989. My practice primarily focuses on criminal law, personal injury, assault and battery, DUI, traffic offenses, theft, drug crimes, drug forfeiture, and drug trafficking. My practice primarily involves helping people charged with a crime navigate through the state's busiest court system.

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The initial consultation is free. I am not the cheapest nor am I the most expensive lawyer. I strive to charge a fair price for my legal services.

You should ask any attorney that you interview about their experience. Has the attorney tried a case to a jury? Has the lawyer served as a trial prosecutor? Trial judge? Public defender? Has the attorney been published? Has the lawyer written a trial manual for Kentucky prosecutors or defense attorneys? Has the attorney served as a seminar instructor for the Kentucky Bar Association? Louisville Bar Association? Kentucky Department of Public Advocacy? Kentucky Prosecutor's Advisory Council? Has the lawyer been asked to instruct police officers on how to detect and enforce laws? What awards has the attorney received as a result of his legal practice? If the attorney hesitates to answer or attempts to change the conversation you should interview another attorney.

The retainer for a Possession of Marijuana charges is $250.00. No other additional attorney fee will be assessed unless the case is tried.

Felony Drug charges resolved in District Court range from $1000.00 to $2500.00. If the case is tried, the attorney fees will increase as they would for any other lawyer. Additional attorney fees will be based on the nature and number of the charges, client interview, client's criminal history and the complexity of the case.

I charge $100.00 for speeding charges less the 26mph. Minor traffic offenses are $100.00.

The retainer for DUI 1st is $500.00. Additional attorney costs will depend on the number of court appearances involved and whether discovery is filed, motions and hearings are held, or if the case is tried. Most DUI clients pay only the initial $500.00 fee.

Warrant and Assault cases usually require a $500.00 retainer. If the case is tried, the attorney fees will increase as they would for any other lawyer. Additional attorney fees will be based on the nature and number of the charges, client interview, client's criminal history and the complexity of the case.

Obviously, every client and the circumstances of their arrest are different. The fees charged by any attorney should reflect the seriousness of the offenses charged, the criminal history of the client, the nature and circumstances of the arrest, whether the client is on probation or subject to a motion to revoke because of a prior offense. The biggest single determining factor as to the cost of the offense is whether or not the client wishes to try the case. Fortunately, ninety percent or more of all cases are resolved without the necessity of a trial.

Assault Charges.

Assault cases are some of the most vigorously prosecuted cases in the criminal justice system. These cases will almost certainly have a bond set by the Judge or a condition of release such as a no contact order. Assault Charges range from Assault 4 which is a misdemeanor offense carrying up to a year in jail to felony assault charges involving assaults on police officers or teachers, or if a weapon or significant physical injury results. more