What Do You Do If You Are On Trial For a Crime in Kentucky?

When a person is on trial in Kentucky, their case is handled according to the rules set by the state’s criminal procedure laws and judicial guidelines. Generally, after an arrest and indictment in Kentucky, the accused is responsible for posting bail and hiring legal counsel. However, an arrest or the existence of an arrest record is not definitive proof of guilt. Thus, only a comprehensive criminal record and court records may corroborate the offender’s culpability.

What Percentage of Criminal Cases Go to Trial in Kentucky?

According to the Kentucky Courts 2018 Statistical Reports, prosecutors filed over 415,900 cases in the district and circuit courts’ criminal division. Of these cases, statistics reveal that only a small percentage of criminal cases eventually go to trial.

Often, criminal cases do not go to trial for various reasons. In the face of overwhelming evidence, the offender may admit guilt, and the court will impose the appropriate penalties. The prosecuting and legal defense teams often agree on a plea bargain. Either way, justice is served, and the defendant conserves resources that would have been wasted in a protracted case. Also, the state may devote limited resources to ensure competent and timely justice in other cases.

When Does a Criminal Defendant Have the Right to a Trial?

The Sixth Amendment of Criminal Procedure states that defendants subject to criminal prosecution have the inalienable right to a speedy and public trial by an impartial jury of the state and district where the individual committed the crime. However, there is a nuance concerning competency to stand trial. Per KRS 504.030, an individual may not stand trial if they are medically proven to have mental insanity. A trial judge is not required to consider a claim of memory loss to determine fitness for trial.

What Are The Stages of a Criminal Trial in Kentucky?

A criminal trial in Kentucky typically goes through seven (7) stages. These include:

• Arraignment
• Pleas and Negotiation
• Status hearing or pre-trial conference
• Trial
• Jury deliberations and verdict
• Sentencing
• Sentence Appeal

Note that some counties, such as Fayette County, consider eligible criminal offenders for a diversion program after pleas. Diversion programs are handled by specialty courts and often target non-violent, first-time offenders and juveniles with no prior conviction history. Upon program completion, the offender may be eligible for record expungement.

How Long Does it Take for a Case to Go to Trial in Kentucky?

It depends. There are no run-and-gun rules for the period before a crime is prosecuted. It depends on the complexity of the case. Kentucky laws ensure that crimes are brought to trial promptly. Rule 4 of criminal proceedings directs the court to schedule a pre-trial conference within 60 days. Likewise, jury trials are expected to be held within six (6) months of the arraignment.

Meanwhile, there are statutes of limitation on the window before a crime is prosecuted. According to KRS 500.050, misdemeanor trials should 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 may take weeks to several months before trial. Likewise, the length of prosecution of a criminal case may take several years.

What Does it Mean to be Indicted in Kentucky?

An indictment in Kentucky refers to a formal approval by a grand jury for the prosecution of an accused. It is a formal charging document issued by a grand jury after a majority conclusion backed by sufficient evidence. It does not determine guilt but indicates enough evidence for the case to go to trial. The grand jury consists of 12 individuals summoned by a court. While the prosecutor presents evidence to the grand jury, the judge plays a supervisory role and ensures the procedures conform to legal standards. An indictment in Kentucky will require at least nine votes from the 12 members of the grand jury, according to Kentucky Statutes Chapter 29A.200. Here are some requirements that must be satisfied for an indictment, according to Kentucky Statutes:

• The jury must be properly constituted of 12 persons.
• 9 out of the 12 members must have voted in support of the indictment
• The grand jury must have reviewed all the evidence and found probable cause for the case to go to trial
• According to Kentucky Rules of Criminal Procedure 6.10, an indictment must contain some formal elements, such as the offense and facts of the case, it must be signed appropriately; and a caption must be included, which should include the court name and the parties’ names.

After an indictment, the defendant will be served and given time to review and prepare for arraignment according to Kentucky Rules of Criminal Procedure Rule 6. After the arraignment, there are pretrial proceedings where the defendant may challenge the indictment before trial. If the case is not resolved by a plea bargain, there will be a trial.

Does Indictment Mean Jail Time in Kentucky?

No, an indictment does not automatically mean jail time in Kentucky because an indictment does not show guilt or liability. It is a formal document that acknowledges that there is enough evidence for a case to go to trial. Various factors determine if a defendant will be detained in jail, such as:

• If the defendant was arrested before the indictment
• If bail is denied or the defendant fails to post bail according to Kentucky Revised Statutes § 431.525.
• Persons accused of serious crimes are generally remanded to jail
• Individuals who are considered a danger to the public or a flight risk will be held in jail till their trial, according to Kentucky Revised Statutes § 431.066.

What Happens When a Court Case Goes to Trial in Kentucky?

Criminal prosecution is an elaborate process in Kentucky. Trials for misdemeanors and felonies are inherently different, although some similarities exist. In any criminal case, the state has the burden of proving beyond a reasonable doubt that the defendant committed the alleged crime. Thus, defendants are presumed innocent and never have the burden of proving their innocence.

• Trial: Both sides of the case will present the case in an adversarial manner. The prosecutor is expected to prove guilt beyond a reasonable doubt by using arguments, witnesses, and evidence. The defense attorney tries to disprove the prosecutor’s arguments with evidence to create reasonable doubt or merely demonstrate that the prosecution failed to prove the defendant’s guilt.
• Deliberations and Verdict: After arguments, the presiding judge will give the jury instructions on the law rules that apply to the case. The jury will retire to consider the evidence presented to determine whether the state succeeded in proving guilt under the rule of law. For misdemeanors, the jury may be required to arrive at a unanimous decision, while for a felony trial, nine (9) of the twelve (12) members of the grand jury will need to agree to indict the defendant.
• Sentencing: Here, the presiding judge imposes penalties applicable to the crime under Kentucky Laws. For misdemeanors, the judge sentences the offender immediately after conviction. Conversely, under KRS 532.050, the judge may order a pre-sentence investigation before deciding the punishment for convicted felons. The investigation evaluates the defendant’s criminal history, mental conditions, family background, educational history, employment history, and psychological status. All of these factors primarily influence the severity of the sentence and the offender’s eligibility for parole.

Can You Be Put on Trial Twice for the Same Crime in Kentucky?

It depends. KRS 22A.020 protects individuals from double jeopardy—standing trial for the same charge. Once the defendant has been discharged and acquitted, the state cannot retry that individual on that charge. However, the state may try the offender on a different charge arising from the crime.

How Do I Look Up a Criminal Court Case in Kentucky?

Records of criminal court cases are available to interested persons at the Clerk of Courts’ office as directed by the Kentucky Open Records Act. Interested requesters may visit the court where the case was filed and look up files in person during business hours. Generally, the requester is expected to provide the necessary details to identify and retrieve the record. These details include the docket number, case number, filing date, litigants’ names, and the presiding judge. The Clerk of Courts will not release court records that have been expunged or sealed under KRS 61.878.

Furthermore, the record custodian may charge administrative fees incurred in searching and reproducing the records. Requesters may be eligible for a fee waiver at the Clerk’s discretion or if an individual accessed the documents on public terminals at the courthouse. Use the Kentucky judicial directory to find the addresses and contact information of the courts.

How To Access Electronic Court Records in Kentucky

The Kentucky judiciary maintains electronic copies of court records on a central repository, while local courts allow requesters to use public terminals at the courthouse. Interested individuals may access the repository remotely and print the information retrieved. Independent repositories are also useful for accessing electronic case records, especially when obtaining multiple records in different jurisdictions. Note that the restriction of access to sealed or expunged records also applies to electronic records. Consequently, the requester will need a court order to justify their request to access such records.

Kentucky criminal records may also be accessible through third-party websites. These sites generally offer the convenience of a statewide database where individuals may perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed.

How Do I Remove Public Court Records in Kentucky?

The removal, also known as sealing or expungement, of a public court record depends on the case’s nature. For one, automatic expungement applies to all cases, except traffic cases, that were dismissed with prejudice or acquitted on or after July 15, 2020. In this case, the defendant does not have to submit a petition, and the expungement happens within 30 days. On the other hand, most class D felonies are eligible for expungement under KRS 431.073. Interested individuals should follow these instructions.