What to Expect During a Criminal Case in Kentucky

Criminal offenses are taken seriously in Kentucky, and a conviction can mean jail time, fines, and a permanent criminal record that will negatively impact your reputation, career, personal relationships, and the ability to receive housing and educational benefits in the future. If you are arrested and charged with a crime, it is a frightening situation, and it is important to know what to do and expect so you do not make mistakes that can be used against you.

You should be aware that prosecutors will do everything in their power to prove their case, and although they have the burden of proving that you are guilty beyond a reasonable doubt, they have the advantage of knowing the courts, the judges, law enforcement, and how the system works. This is nothing you want to go up against on your own. To have your best shot at having your charges reduced or dismissed, get legal assistance from an experienced criminal defense lawyer as soon as possible to ensure that your rights are protected and all steps in the process from arrest to trial are conducted fairly.

What to Expect During a Criminal Case in Kentucky

Every criminal case is different, depending on the circumstances of the crime and whether the charges are classified as a felony or misdemeanor. Felonies are more serious crimes and carry more harsh consequences than misdemeanors, and the specific charges will determine which court the defendant goes to for their initial appearance. However, there are key stages common to most criminal cases, as follows:

Arrest and charges. A criminal case begins when police witness a crime or a complaining witness reports the crime to law enforcement or directly to the County Attorney. The County Attorney (prosecutor) reviews evidence and decides whether to file charges and what charges to file. Most commonly, a law enforcement officer files a criminal complaint with an attached affidavit which results in a warrant that orders an arrest or issues a summons. If the officer witnesses an alleged crime taking place, you can be arrested before the complaint is filed. In cases where there is not enough evidence, or if the prosecutor believes available evidence may be excluded at trial, the prosecutor may decide against filing or request further investigation. If the prosecutor believes the case is strong enough, charges against you are filed, a written complaint is issued, and a date is scheduled for you to appear in court.

Bond is set. Kentucky does not allow commercial bond and instead uses pretrial services programs for setting bond. You will be interviewed by a pretrial services officer within 12 hours of arrest. The officer will gather information and make a recommendation on the amount of bond based on the crime and whether you are considered dangerous or likely to flee.

Arraignment. At your arraignment, you will appear in court and be informed of the charges against you and your legal rights. You then enter a plea of “guilty,” “not guilty,” or “guilty but mentally ill.” The pretrial services officer’s recommendation is considered and the judge sets bail. If you do not have your own attorney, a public defender is appointed.

Pleas and negotiations. At any point after arraignment, you may choose to plead guilty. Often, the prosecutor may offer a plea “deal” where you plead guilty under certain specified terms which are typically less than the full punishment possible should you be found guilty in a trial. Your attorney will negotiate with the prosecutor to try to get better terms. Plea agreements may be desirable as they avoid the time, expense, and uncertain outcome of a trial, but both you and the judge are able to accept or reject the agreement.

Pretrial hearing. For felony cases, there will be a preliminary hearing to determine whether there is probable cause to proceed. The prosecutor may make an offer for a plea bargain at this time as well, and there can be further negotiations and motions to suppress evidence. Possible outcomes include dismissal of charges if the prosecutor cannot show probable cause, referral to a grand jury for indictment if probable cause exists, or you can agree to have the case proceed without requiring an indictment from the grand jury. If the case goes before a grand jury, the judge, the prosecutor, the grand jury, and witnesses are the only people allowed to be present — you and your lawyer do not attend.

Pretrial period. The pretrial period occurs after the indictment but before the trial. During this time discovery takes place, pretrial motions are filed and heard, or a plea agreement can be reached. A pretrial motion is any motion filed prior to the selection of the jury and may request to exclude specific evidence that was obtained in violation of your rights.

Trial. If an agreement has not been made, the case proceeds to trial. There are two types of criminal trials  — a bench trial where a judge hears the case, and a jury trial where a jury hears the case. Most criminal trials are tried before juries and follow these steps:

Jurors are chosen to ensure impartiality through a process is known as voir dire. The defense and prosecution ask prospective jurors questions to uncover any biases or preconceived notions they may have that are relevant to the case and can exclude a certain number of jurors they deem will be unfavorable to their case.

Both sides outline their arguments. The prosecution typically delivers an opening statement first, followed by the defense.

Evidence is presented through witnesses, who may include eyewitnesses, experts or the defendant. Witnesses may testify about the incident, physical evidence, or a person’s emotional state. The opposing side may cross-examine the witnesses to challenge the testimony and credibility.

Closing arguments. Each side summarizes their case for the jury, to highlight favorable evidence and address inconsistencies in the opposing side’s arguments.

Jury instructions and deliberation. The judge explains legal standards for deliberation, such as by defining legal terms and identifying what is the burden of proof necessary for conviction. The jury deliberates privately, which can take can hours, days, or weeks, depending on the charges and evidence presented, and announces its verdict in open court.

Sentencing. If you are found guilty, sentencing follows, with possible options ranging from probation to incarceration and fines.  There is a pre-sentence investigation report that assists the judge in deciding on an appropriate sentence.  If you are found guilty, your attorney can appeal convictions or sentences to higher courts for review. If you are found not-guilty, you are released.

Get Help With a Criminal Case in Kentucky

If you or a loved one was charged with a criminal offense in Kentucky, there is help available from the experienced criminal defense attorneys at Dan Carman, PLLC. Dan Carman was a Judge Advocate “JAG” defense lawyer as well as a prosecuting attorney for Marine Corps and Navy personnel. This experience gives him the advantage of knowing both the prosecution and defense sides of the criminal process.

We know the Kentucky criminal system, your rights, and the regulations police officers and prosecutors must follow, as well as how to use mistakes they make to build your case. We are fully prepared to find weaknesses in the prosecutor’s case, negotiate to get you the best deal possible, and take your case to trial if necessary. We have helped many clients over the years get their charges reduced or dismissed, and will do everything possible do the same for you.

Having our skilled and experienced legal team by your side can make all the difference in securing a favorable outcome in your case.

Call Dan Carman today at 859-685-1055 so we can begin building your defense.

GET HELP NOW 859-685-1055