July 7, 2026 • 11 mins
Criminal Law 101 with Criminal Defense Attorney Ken Eulo from Smith & Eulo. Ken answers your legal questions and offers his takes on some of the high profile criminal cases making headlines from around the state and the country
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Speaker 1 (00:01):
It's time for a criminal law one oh one with
criminal defense attorney Ken Yullo from the long firm of
Smith and Ulo on one oh one one w.
Speaker 2 (00:10):
J A R R.
Speaker 1 (00:11):
All right, So Lynch and Taco Show and Pat Lynch
Taco's on vacation this week. Ken Yulo is here from
Smith and Eulo. They obviously bring you a criminal law
one oh one. If you ever are in a situation
where you need a criminal defense attorney, Smith and Yulo
will make things happen for you. Three five two win
for you, three five two win for you. Hello, Ken,
(00:32):
good morning, How are you good? You were out of
town for the fourth of July holiday weekend? But what
in the Carolinas.
Speaker 2 (00:38):
Yep, long drive up to Ashville and spend a lot
of time in Hendersonville as well.
Speaker 1 (00:43):
Cool cool Ashville. Boy did they get womped a few
years ago with the hurricane.
Speaker 3 (00:48):
Yeah, looks like it's pretty pretty recovery, recovering back to normal. Yes, good, good, good, Well.
Speaker 1 (00:53):
We got some good questions that have come in and
you all are welcome to send these in throughout the week.
Criminal law related. We're we're not doing pot and guns
and it's you get the idea here. Speaking of traveling
guy says he was recently traveled out of state to
(01:15):
visit a buddy. They ubered to a party. Okay, went
to the party and then caught a ride home with
a couple of his buddy's friends. On the way home,
one of the guys in the car sitting up front,
they stopped he has a gun, and he wasn't specific
as to what exactly. There's some sort of robbery that
(01:35):
took place. So he's a passenger in his car with
his friend and this is going on. The guy does
whatever he's gonna do, gets back in the car, they
haul ass and get away. So he's obviously kind of
freaked out. No police that he's aware of have become
involved yet, and now he's back home with all this
(01:58):
swirling in his head, going if this starts getting investigating
and they start asking questions and they find out there
are more people in the car, am I Am I
in trouble? Potentially?
Speaker 3 (02:10):
Yeah?
Speaker 2 (02:10):
I mean, so you have to look at, you know,
the reliability of police officers investigations in cases like this. Right,
So he's in the car and although there's not really
any crime listed, right for example, just being in a
car having no knowledge that somebody's going to get out
with a gun and do something. There's no crime there,
(02:31):
just like there's no crime writing in a car with
somebody after a crime is committed. That being said, you know,
the logical conclusion is is what is the police investigation
going to turn up?
Speaker 3 (02:42):
Right?
Speaker 1 (02:42):
Right? Is it?
Speaker 2 (02:43):
I mean they're going to say, okay, if they find
out that he was in the car with people that
committed a crime with a gun, they're going to assume
that he's involved in some capacity. And I've actually had
cases that play out very specifically like this.
Speaker 1 (02:55):
It sucks you in even though you legitimately had really
no nus knowledge that any of this is going to happen.
Speaker 2 (03:01):
Sure, So, I mean, you know, I had a case
that played out over the course of of a year
and we actually ended up getting the case dismissed. But
he had to testify, he had to you know, provide
his his story and things like that, and I think
it probably would have been a better case for him
had he come forward earlier versus waiting for the arrest.
Speaker 3 (03:21):
In situations like this, you know, people.
Speaker 2 (03:23):
People call our office all the time with cases that
are like this, and my advice always is, you know,
you should potentially hire for a pre investigation with with
a with a law firm. What's our our firm, whatever
firm is out there. But if you decide that you
want to talk to us, you can give our firm
a call and we actually do this, like we we
will listen to your whole story in more detail. We
(03:46):
kind of hear snippets of what happened. But I don't,
you know, I don't know all the fact.
Speaker 1 (03:49):
I don't blame him for not going into great detail
because he's clearly concerned about, you know, being on the
hook for something here.
Speaker 2 (03:57):
But we can kind of put our feelers out there.
I mean, we have we have contact law enforcement. We
can reach out to bond agents. They can, they can
run warrant checks, they can. We can you know, and
see if there is a pending investigation kind of ongoing
and see if it's something that we should kind of
you know, reach out to or not reach out to.
But I think in these situations it's always better to
at least have somebody with ties to law enforcement. They
(04:19):
can actually reach out make those contacts.
Speaker 1 (04:21):
All right, So if I hear you right here and
just to kind of put this question in to bed.
If and when the day comes that there is an
investigation and he hasn't said anything yet and they do
come down and start asking him questions that might trigger
him then getting pulled into this if he doesn't speak
up at this point, yeah, I mean, I.
Speaker 2 (04:41):
Mean, and obviously if he waits to that point where
they're actually questioning him and he potentially is going to
get arrested, it might actually be a situation where there
is no coming back.
Speaker 3 (04:50):
From it, right.
Speaker 2 (04:51):
They might say, they might say, hey, you know, you
didn't come forward.
Speaker 1 (04:55):
We don't believe you now.
Speaker 2 (04:56):
We're now we're questioning you, and you're telling us the
story that you're not involved. Find the fact that you
didn't come forward all of this time, as you know,
suspicious and we don't we don't believe your story now, right.
So I think sometimes these are the situations where you
kind of want to get out ahead of it a
little bit, right if you think that there's a good
chance this is going to come back to you, because
nobody wants to be a snitch, right, Like, I mean,
(05:16):
that's that's the reality. But that being said, I mean,
you're talking about guns, you're talking about minimum mandatory prison
sentences out there for the people that are that are
carrying the guns. This is a lot of prison time
when anytime a gun is involved, right, gotcha? So you
don't you don't want to get caught hold in the
bag down the road for.
Speaker 1 (05:33):
This number for Smith and yulo three five to two
win for you. Three five two win for you. Here's
another situation where someone says they're facing both state and
federal charges involving quote, a lot of checks that weren't mine.
So because you can maybe do some guessing as to
(05:55):
what that might involve, he says he has an attorney.
The attorney has told him that the amount of evidence
that both the state and the Feds have against him
is significant. His attorney has also told him that he
since he has no record of anything prior to this,
(06:16):
he might seriously want to consider working a plea deal
hoping for leniency since he's a first time offender. So,
you know, I'd be curious.
Speaker 2 (06:27):
You know, in terms of what if this attorney's handling
both cases, right, are they just handling the state case
or they're just handling the federal case. And I say
this because I've seen people in this sort of situation.
Listen to one lawyer and they say, Okay, you resolve
the state case or you resolve the federal case, you know,
and then the person ends up having to resolve the
(06:49):
other case at a later points and end up getting
double sentences.
Speaker 3 (06:53):
Right right, I actually have people, you.
Speaker 2 (06:55):
Know, the contact is kind of after the fact, and
I want one one individual will resolved his state case first,
ended up getting a long sentence, then got hit with
a federal sentence that was the same sentence, but the
federal course, and we're gonna run this consecutive to the
state sentence, right, So you.
Speaker 1 (07:14):
Know, I think you need someone to coordinate the two
if possible. Is that? Does that work that way? Ever?
Speaker 3 (07:19):
Yeah?
Speaker 2 (07:19):
So to me, if you're if you have both cases,
i'd make sure that the lawyer handles both, right, state
and federal cases.
Speaker 1 (07:26):
For example, I do that like I have.
Speaker 2 (07:28):
I have federal experience as well as state experience, right,
so I'd be handling both of those cases. My suggestion
in that case, you know, it's kind of like you
know a picture going to a doctor's office and the
doctor says to you, hey, we're gonna have to cut
your arm off, right, I mean you should probably go
and talk to another doctor just to just to make sure.
Speaker 1 (07:47):
That's the right call, right.
Speaker 2 (07:48):
So, I mean, you know, to me, I feel like,
you know, at least the bare minimum, he should reach
out to another law firm, whether it's our firm or
whatever the case may be. But I think that there
should be at least a second opinion on this, right, like,
just to make sure that the situation is being handled
by a lawyer that's handling federal and state, because I
really would love to double check to make sure the
advice is coming from an experienced lawyer that's doing both
(08:11):
of the keys at once, because it you know, a
lot of times you get caught up in that situation
that I told you, And also make sure that you
know it's a it's a fair resolution, right you start
talking about a plea deal first offense, you know a
lot of times you get kind of suckered into a
resolution by a lawyer that just wants to be done
with the case right and says.
Speaker 3 (08:31):
Hey, take this plea.
Speaker 2 (08:32):
You don't got to, you know, have much of a history,
when the reality is the case should probably be fought
out much more significantly than it's being being fought out right.
Speaker 1 (08:40):
Okay, all right, so he should just be cautious, get
a second opinion, right, don't don't get your arm cut
off without go No, that that makes total sense. And
time to ask this real quick. Someone wanted to know
and it's this is a legit question. I kind of
wonder this. Why are there different levels of murder? Isn't
murder murder?
Speaker 3 (09:01):
Right?
Speaker 2 (09:01):
So you know there's there's the thought process and and
the and the the you know, the legislature and the
lawmakers have you know, wanted to decide it. Should there
be a penalty consequence difference depending on the type of murder? Right,
So you have premeditated murder, for example, which is you've
thought about it, You've decided I'm going to kill this person,
(09:22):
and then.
Speaker 1 (09:22):
You go and you and you you know, kill the person.
Speaker 2 (09:25):
Right, And they they say that kind of murder is
more serious than murder. That maybe it's the you know, uh,
heat of the moment, right like you catch your spouse
cheating on you and you pull out a gun and
you and you.
Speaker 3 (09:38):
Shoot your spouse or you shoot the guy.
Speaker 1 (09:40):
That's reaction.
Speaker 2 (09:42):
So you know they've decided that, you know, different types
of murder are are more evil than other types of murder, right,
like hey, my, my, my.
Speaker 1 (09:52):
For the headscratch, because dead is dead.
Speaker 2 (09:54):
I think I don't know, but but but I think
a lot of you know, if you look at you know,
if you look at all of the law, you know,
kind of together, they're looking at intent. Intent is a
huge it's a huge component of all of law. Right, Like,
for example, if you intentionally run somebody down in your car,
that's more evil than if you're drinking and driving and
you accidentally kill somebody, not intentionally, but you you're engaging
(10:17):
in a very very bad But yeah, but what you're saying,
but the data determined ones a little bit more evil
than the other, right, And that's that's kind of how
they break it down, the intent, the evilness, the moral culpability,
that sort of stuff.
Speaker 1 (10:30):
Okay, all right, what about where when do you go
to manslaughter?
Speaker 3 (10:34):
What?
Speaker 1 (10:35):
What's that's real?
Speaker 3 (10:36):
Quick? Yeah?
Speaker 2 (10:37):
I mean, so like for example, like the like the
Dui mansellor just just to give you that example, Right,
it's not necessarily that it's an intentional act, right, Like
for example, the drinking not intentional, right, but the drinking
part of it is, and you're engaging in inherently reckless
behavior right that you know could.
Speaker 1 (10:55):
Lead to death.
Speaker 2 (10:55):
Right, Like you're swinging an acts around, right and you know,
and you're intentionally trying to get really close to a
guy's face and you end up hitting them. You don't
intend to kill them, but you've engaged in such reckless
behavior that you know could lead to.
Speaker 3 (11:08):
Death that you know they're still going to get you
with that, with that.
Speaker 1 (11:12):
Shark Ken, you'll from the law firm of Smith, and
you'll criminal defense attorneys three five two win for you,
three five two win for you. If you need a
criminal defense attorney, they've got plenty of them with lots
of experience.
Speaker 3 (11:26):
Well appreciate you, guys.
Speaker 1 (11:27):
Yeah, man, glad you're back and we'll circle back with
you next week on Monday, right Monday, next Monday, A
right there you alright, Criminal law one on one Ken,
you'll thank you, sir. Pinchatako on demand download the iHeartRadio app.
Speaker 3 (11:44):
Sure
It's time for a criminal law one oh one with
criminal defense attorney Ken Yullo from the long firm of
Smith and Ulo on one oh one one w.
Speaker 2 (00:10):
J A R R.
Speaker 1 (00:11):
All right, So Lynch and Taco Show and Pat Lynch
Taco's on vacation this week. Ken Yulo is here from
Smith and Eulo. They obviously bring you a criminal law
one oh one. If you ever are in a situation
where you need a criminal defense attorney, Smith and Yulo
will make things happen for you. Three five two win
for you, three five two win for you. Hello, Ken,
(00:32):
good morning, How are you good? You were out of
town for the fourth of July holiday weekend? But what
in the Carolinas.
Speaker 2 (00:38):
Yep, long drive up to Ashville and spend a lot
of time in Hendersonville as well.
Speaker 1 (00:43):
Cool cool Ashville. Boy did they get womped a few
years ago with the hurricane.
Speaker 3 (00:48):
Yeah, looks like it's pretty pretty recovery, recovering back to normal. Yes, good, good, good, Well.
Speaker 1 (00:53):
We got some good questions that have come in and
you all are welcome to send these in throughout the week.
Criminal law related. We're we're not doing pot and guns
and it's you get the idea here. Speaking of traveling
guy says he was recently traveled out of state to
(01:15):
visit a buddy. They ubered to a party. Okay, went
to the party and then caught a ride home with
a couple of his buddy's friends. On the way home,
one of the guys in the car sitting up front,
they stopped he has a gun, and he wasn't specific
as to what exactly. There's some sort of robbery that
(01:35):
took place. So he's a passenger in his car with
his friend and this is going on. The guy does
whatever he's gonna do, gets back in the car, they
haul ass and get away. So he's obviously kind of
freaked out. No police that he's aware of have become
involved yet, and now he's back home with all this
(01:58):
swirling in his head, going if this starts getting investigating
and they start asking questions and they find out there
are more people in the car, am I Am I
in trouble? Potentially?
Speaker 3 (02:10):
Yeah?
Speaker 2 (02:10):
I mean, so you have to look at, you know,
the reliability of police officers investigations in cases like this. Right,
So he's in the car and although there's not really
any crime listed, right for example, just being in a
car having no knowledge that somebody's going to get out
with a gun and do something. There's no crime there,
(02:31):
just like there's no crime writing in a car with
somebody after a crime is committed. That being said, you know,
the logical conclusion is is what is the police investigation
going to turn up?
Speaker 3 (02:42):
Right?
Speaker 1 (02:42):
Right? Is it?
Speaker 2 (02:43):
I mean they're going to say, okay, if they find
out that he was in the car with people that
committed a crime with a gun, they're going to assume
that he's involved in some capacity. And I've actually had
cases that play out very specifically like this.
Speaker 1 (02:55):
It sucks you in even though you legitimately had really
no nus knowledge that any of this is going to happen.
Speaker 2 (03:01):
Sure, So, I mean, you know, I had a case
that played out over the course of of a year
and we actually ended up getting the case dismissed. But
he had to testify, he had to you know, provide
his his story and things like that, and I think
it probably would have been a better case for him
had he come forward earlier versus waiting for the arrest.
Speaker 3 (03:21):
In situations like this, you know, people.
Speaker 2 (03:23):
People call our office all the time with cases that
are like this, and my advice always is, you know,
you should potentially hire for a pre investigation with with
a with a law firm. What's our our firm, whatever
firm is out there. But if you decide that you
want to talk to us, you can give our firm
a call and we actually do this, like we we
will listen to your whole story in more detail. We
(03:46):
kind of hear snippets of what happened. But I don't,
you know, I don't know all the fact.
Speaker 1 (03:49):
I don't blame him for not going into great detail
because he's clearly concerned about, you know, being on the
hook for something here.
Speaker 2 (03:57):
But we can kind of put our feelers out there.
I mean, we have we have contact law enforcement. We
can reach out to bond agents. They can, they can
run warrant checks, they can. We can you know, and
see if there is a pending investigation kind of ongoing
and see if it's something that we should kind of
you know, reach out to or not reach out to.
But I think in these situations it's always better to
at least have somebody with ties to law enforcement. They
(04:19):
can actually reach out make those contacts.
Speaker 1 (04:21):
All right, So if I hear you right here and
just to kind of put this question in to bed.
If and when the day comes that there is an
investigation and he hasn't said anything yet and they do
come down and start asking him questions that might trigger
him then getting pulled into this if he doesn't speak
up at this point, yeah, I mean, I.
Speaker 2 (04:41):
Mean, and obviously if he waits to that point where
they're actually questioning him and he potentially is going to
get arrested, it might actually be a situation where there
is no coming back.
Speaker 3 (04:50):
From it, right.
Speaker 2 (04:51):
They might say, they might say, hey, you know, you
didn't come forward.
Speaker 1 (04:55):
We don't believe you now.
Speaker 2 (04:56):
We're now we're questioning you, and you're telling us the
story that you're not involved. Find the fact that you
didn't come forward all of this time, as you know,
suspicious and we don't we don't believe your story now, right.
So I think sometimes these are the situations where you
kind of want to get out ahead of it a
little bit, right if you think that there's a good
chance this is going to come back to you, because
nobody wants to be a snitch, right, Like, I mean,
(05:16):
that's that's the reality. But that being said, I mean,
you're talking about guns, you're talking about minimum mandatory prison
sentences out there for the people that are that are
carrying the guns. This is a lot of prison time
when anytime a gun is involved, right, gotcha? So you
don't you don't want to get caught hold in the
bag down the road for.
Speaker 1 (05:33):
This number for Smith and yulo three five to two
win for you. Three five two win for you. Here's
another situation where someone says they're facing both state and
federal charges involving quote, a lot of checks that weren't mine.
So because you can maybe do some guessing as to
(05:55):
what that might involve, he says he has an attorney.
The attorney has told him that the amount of evidence
that both the state and the Feds have against him
is significant. His attorney has also told him that he
since he has no record of anything prior to this,
(06:16):
he might seriously want to consider working a plea deal
hoping for leniency since he's a first time offender. So,
you know, I'd be curious.
Speaker 2 (06:27):
You know, in terms of what if this attorney's handling
both cases, right, are they just handling the state case
or they're just handling the federal case. And I say
this because I've seen people in this sort of situation.
Listen to one lawyer and they say, Okay, you resolve
the state case or you resolve the federal case, you know,
and then the person ends up having to resolve the
(06:49):
other case at a later points and end up getting
double sentences.
Speaker 3 (06:53):
Right right, I actually have people, you.
Speaker 2 (06:55):
Know, the contact is kind of after the fact, and
I want one one individual will resolved his state case first,
ended up getting a long sentence, then got hit with
a federal sentence that was the same sentence, but the
federal course, and we're gonna run this consecutive to the
state sentence, right, So you.
Speaker 1 (07:14):
Know, I think you need someone to coordinate the two
if possible. Is that? Does that work that way? Ever?
Speaker 3 (07:19):
Yeah?
Speaker 2 (07:19):
So to me, if you're if you have both cases,
i'd make sure that the lawyer handles both, right, state
and federal cases.
Speaker 1 (07:26):
For example, I do that like I have.
Speaker 2 (07:28):
I have federal experience as well as state experience, right,
so I'd be handling both of those cases. My suggestion
in that case, you know, it's kind of like you
know a picture going to a doctor's office and the
doctor says to you, hey, we're gonna have to cut
your arm off, right, I mean you should probably go
and talk to another doctor just to just to make sure.
Speaker 1 (07:47):
That's the right call, right.
Speaker 2 (07:48):
So, I mean, you know, to me, I feel like,
you know, at least the bare minimum, he should reach
out to another law firm, whether it's our firm or
whatever the case may be. But I think that there
should be at least a second opinion on this, right, like,
just to make sure that the situation is being handled
by a lawyer that's handling federal and state, because I
really would love to double check to make sure the
advice is coming from an experienced lawyer that's doing both
(08:11):
of the keys at once, because it you know, a
lot of times you get caught up in that situation
that I told you, And also make sure that you
know it's a it's a fair resolution, right you start
talking about a plea deal first offense, you know a
lot of times you get kind of suckered into a
resolution by a lawyer that just wants to be done
with the case right and says.
Speaker 3 (08:31):
Hey, take this plea.
Speaker 2 (08:32):
You don't got to, you know, have much of a history,
when the reality is the case should probably be fought
out much more significantly than it's being being fought out right.
Speaker 1 (08:40):
Okay, all right, so he should just be cautious, get
a second opinion, right, don't don't get your arm cut
off without go No, that that makes total sense. And
time to ask this real quick. Someone wanted to know
and it's this is a legit question. I kind of
wonder this. Why are there different levels of murder? Isn't
murder murder?
Speaker 3 (09:01):
Right?
Speaker 2 (09:01):
So you know there's there's the thought process and and
the and the the you know, the legislature and the
lawmakers have you know, wanted to decide it. Should there
be a penalty consequence difference depending on the type of murder? Right,
So you have premeditated murder, for example, which is you've
thought about it, You've decided I'm going to kill this person,
(09:22):
and then.
Speaker 1 (09:22):
You go and you and you you know, kill the person.
Speaker 2 (09:25):
Right, And they they say that kind of murder is
more serious than murder. That maybe it's the you know, uh,
heat of the moment, right like you catch your spouse
cheating on you and you pull out a gun and
you and you.
Speaker 3 (09:38):
Shoot your spouse or you shoot the guy.
Speaker 1 (09:40):
That's reaction.
Speaker 2 (09:42):
So you know they've decided that, you know, different types
of murder are are more evil than other types of murder, right,
like hey, my, my, my.
Speaker 1 (09:52):
For the headscratch, because dead is dead.
Speaker 2 (09:54):
I think I don't know, but but but I think
a lot of you know, if you look at you know,
if you look at all of the law, you know,
kind of together, they're looking at intent. Intent is a
huge it's a huge component of all of law. Right, Like,
for example, if you intentionally run somebody down in your car,
that's more evil than if you're drinking and driving and
you accidentally kill somebody, not intentionally, but you you're engaging
(10:17):
in a very very bad But yeah, but what you're saying,
but the data determined ones a little bit more evil
than the other, right, And that's that's kind of how
they break it down, the intent, the evilness, the moral culpability,
that sort of stuff.
Speaker 1 (10:30):
Okay, all right, what about where when do you go
to manslaughter?
Speaker 3 (10:34):
What?
Speaker 1 (10:35):
What's that's real?
Speaker 3 (10:36):
Quick? Yeah?
Speaker 2 (10:37):
I mean, so like for example, like the like the
Dui mansellor just just to give you that example, Right,
it's not necessarily that it's an intentional act, right, Like
for example, the drinking not intentional, right, but the drinking
part of it is, and you're engaging in inherently reckless
behavior right that you know could.
Speaker 1 (10:55):
Lead to death.
Speaker 2 (10:55):
Right, Like you're swinging an acts around, right and you know,
and you're intentionally trying to get really close to a
guy's face and you end up hitting them. You don't
intend to kill them, but you've engaged in such reckless
behavior that you know could lead to.
Speaker 3 (11:08):
Death that you know they're still going to get you
with that, with that.
Speaker 1 (11:12):
Shark Ken, you'll from the law firm of Smith, and
you'll criminal defense attorneys three five two win for you,
three five two win for you. If you need a
criminal defense attorney, they've got plenty of them with lots
of experience.
Speaker 3 (11:26):
Well appreciate you, guys.
Speaker 1 (11:27):
Yeah, man, glad you're back and we'll circle back with
you next week on Monday, right Monday, next Monday, A
right there you alright, Criminal law one on one Ken,
you'll thank you, sir. Pinchatako on demand download the iHeartRadio app.
Speaker 3 (11:44):
Sure
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Betrayal Weekly is back for a new season. Every Thursday, Betrayal Weekly shares first-hand accounts of broken trust, shocking deceptions, and the trail of destruction they leave behind. Hosted by Andrea Gunning, this weekly ongoing series digs into real-life stories of betrayal and the aftermath. From stories of double lives to dark discoveries, these are cautionary tales and accounts of resilience against all odds. From the producers of the critically acclaimed Betrayal series, Betrayal Weekly drops new episodes every Thursday. If you would like to share your story, you can reach out to the Betrayal Team by emailing them at betrayalpod@gmail.com and follow us on Instagram at @betrayalpod and @glasspodcasts. Please join our Substack for additional exclusive content, curated book recommendations, and community discussions. Sign up FREE by clicking this link Beyond Betrayal Substack. Join our community dedicated to truth, resilience, and healing. Your voice matters! Be a part of our Betrayal journey on Substack.
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com