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- According to KRS 500.050, misdemeanor trials must occur within one year, but there is no time limit on felonies. Attorneys on both sides need time to gather evidence, find witnesses, and file court paperwork, among other things. Thus, even a simple case can take weeks to several months before it goes to trial.
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Sep 4, 2024 · How long does it take to go from arrest to trial? It can vary. Kentucky law does not place a time limit on when the prosecution for a felony should move forward, but limitations are present for misdemeanors.
There are six (6) steps to the criminal process in Kentucky, PLUS 1. The following is a basic step-by-step explanation of what happens from the time a crime is first alleged - all the way to the end of the criminal trial.
Nov 27, 2023 · Here’s an easy-to-follow breakdown of the criminal trial steps, from the moment an allegation is made to the conclusion of the trial. This guide aims to clarify each stage, providing you with the knowledge needed to navigate the legal system confidently.
- How A Criminal Prosecution begins.
- An Arrest Warrant Is issued.
- The Defendant Is Formally charged.
- The Defendant Makes An Initial Appearance in Court.
- The Defendant Has A Preliminary Hearing.
- The Grand Jury Issues An Indictment.
- The Arraignment Process.
- Trial Preparation.
- Conclusion of The Case.
There are three primary ways in which a prosecution is initiated; (1) a police officer files a complaint, (2) a private citizen files a complaint, or (3) an arrest is made without a warrant or summons. The most common method is for a police officer to file the complaint. The officer will usually submit a sworn statement called an affidavit with the...
If there is probable cause to believe a crime has been committed by the defendant then a warrant will be issued. The warrant can either be served on the defendant or the defendant can be arrested.
Once the defendant has been arrested they will be formally charged with a crime. They can be charged with either a felony or a misdemeanorcriminal charge.
The initial appearance is the first time the defendant comes before a Judge and will receive information about the nature of the charges, the Judge will read the complaint, provide information about future proceedings, and bail will be set. At this stage a defendant who cannot afford counsel will have a lawyer appointed to them. Defendants who hire...
At this hearing the Prosecution has to prove to the Judge that it is more probable than not that the defendant committed the crime charged. There are three possible outcomes to the preliminary hearing: (1) the charges are dropped because the Prosecutor cannot show probable cause, (2) the Judge finds that probable cause does exist and turns the case...
The Grand Jury process is very secretive. The defendant and their counsel do not have the right to attend. The Judge, the Prosecutor, the Grand Jury and witnesses are the only people allowed to be present. If the Prosecutor can present enough evidence to show probable cause then the Grand Jury can issue an indictment. Like the Preliminary Hearing p...
During the Arraignment the formal charges are read, the defendant makes a formal plea, and bail may also be set here.
At this point the Prosecution and the Defense will go through a formal process of trying to find evidence to establish the facts of the case. Often both sides will make motions to have the Court rule that certain pieces of evidence are not allowed to be used during the trial.
Many cases do not make it this far. Often plea agreements are reached and the necessity of a trial is avoided. Other times the case will be dismissed because the Prosecution lacks the evidence necessary to move forward. Cases that are not dismissed or that fail to reach a plea agreement move to trial. Understanding the steps in a criminal prosecuti...
Feb 6, 2024 · The final step of a criminal trial in Kentucky is the jury deliberation and verdict. In this step, the jury meets privately to discuss the case and reach a verdict. Deliberations can last hours, days, or weeks, depending on the charges and evidence presented.
The District Court has jurisdiction to hear misdemeanor cases that involve fineable offenses and offenses that can receive up to twelve months in jail. A District Court will handle all misdemeanors for the entire trial process: arraignment, pretrial conferences, trial, and sentencing.
May 9, 2023 · What happens after the first court appearance? In a felony case, the first appearance in district court is an arraignment. Here a defendant will plead not guilty, have a bond set by a judge, and...