Kentucky Criminal Law and Defense
Strictly speaking towards the field; there can be quite the variety of terms that will lead towards to negate elements of crime, more knowing as the set of terms of what is criminal defense. Each term however, has different rules and procedures existing towards there offenses just considering what the crime may be. For example, the crime may lean towards drunk driving. Which, would go through a different procedure than multiple charge violations towards the law. When facing multiple charges, it helps to have an attorney firm that knows how to decimate the evidence against you, precipitating the dismissal of any charge that may now lack sufficient evidence to proceed.
As these rules may vary, you should seek a criminal defense lawyer who is experienced towards these particular types of cases to provide the best defense. The criminal defense attorneys know how to use the information and constitutional guarantees to the advantage towards the cases.Based upon evidence gathered, all criminal prosecutions are contained by the government. This may include witness statements, drug and alcohol test, physical items of evidence, and so forth.
These Lawyers Are Here For You On Your Criminal Offense
Having aggressive and thorough legal representation in criminal matters is critical. Don’t wait until it is too late to hire an attorney that will fight for you. Our attorneys are here to assist no matter what criminal charges you are facing. Our law experience is on your side to obtain the best result for you. Below are just some of the criminal charges we can help you with:
- Aiding & Abetting / Accessory
- Alcohol Intoxication
- Aggravated Assault / Battery
- Assault / Battery
- Carrying Concealed Deadly Weapon
- Criminal Abuse
- Criminal Mischief
- Criminal Possession of a Forged Instrument
- Criminal Trespass
- Custodial Interference
- Defrauding Creditors
- Disorderly Conduct
- Disturbing the Peace
- Domestic Violence
- Drug Manufacturing and Cultivation
- Drug Possession
- Drug Trafficking / Distribution
- DUI / DUI Checkpoints
- Fleeing or Evading
- Indecent Exposure
- Identity Theft
- Indecent Exposure
- Juvenile Offenses
- Open Container Law
- Obstructing Governmental Operations
- Probation Violation
- Public Intoxication
- Resisting Arrest
- Sexual Abuse
- Terroristic Threatening
- Unlawful Imprisonment
- Unlawful Transaction with a Minor
- Wanton Endangerment
- White Collar Crimes
The Criminal Justice System Process
After you are arrested and plead not guilty, there are several stages in the criminal justice system.
Arraignment and Bond
Your initial hearing is called an Arraignment. At this stage is where you plead either guilty or not guilty. At the same time, the court will also typically address bond. A bond in a criminal case is an assurance a defendant gives the state promising to come to court when instructed. Most times, the state requires more than just the defendant’s promise to come to court. When no money is required to back up the promise to come to court, the bond is called a personal recognizance bond. If money is required by the state to back up the promise to come to court, it is called a surety bond.
If you are charged with a felony crime, you will typically have to report to pretrial services if you are on a personal recognizance or own recognizance bond. In addition, you will be schedule for a preliminary hearing before the court within 10 days. At that hearing, the prosecution will have witnesses testify and the court will determine if there is probable cause for the charge. If the court finds probable cause, the case is sent to the grand jury to issue an indictment against you. Once an indictment is issued, your case is moved to circuit court, you are rearranged and the case proceeds.
Before trial, there may be one or several pretrial hearings or conferences. These court dates are set so discovery of evidence can be obtained and pretrial motions can be ruled on. In addition, this is an opportunity for your attorney to either further engage in plea negotiations or ascertain the prosecutions trial strategy. Sometimes these are very administrative whereas others will involve simple to very complex hearings and presentation of evidence through witnesses in support or opposition of a motion proffered by either side.
In Kentucky, anyone accused of any type of crime can have either a jury or bench trial regardless of the crime charged. A bench trial is where the Judge decides the issue alone based on the evidence presented. A jury trial on the other hand, is where members of the community are chosen and decide the case on the merits. Upon completion, you will either be found guilty or not guilty and sentenced accordingly.
After trial, there are several motions and potential appeals that can be filed with the court. In addition, if you are found or plead guilty there will be several items filed with the court including your certificate of completion of the alcohol and drug education program and payments against court costs and fines.
A misdemeanor can be expunged after 5 years after the completion of the sentence so long as the person has no felony convictions, no convictions 5 years prior to the charge to be expunged and no other convictions during the 5 years after the charge to be expunged. There are a few exceptions to the expungement time rule for drug possession. In addition, you can get the records that you were even charged with a crime expunged shortly after you are found not guilty or the charges are dismissed.
When you are facing multiple charges, it may feel like you are being attacked from all sides. We take that feeling away since we have experience in multiple criminal cases. As our client, we will handle it all for you.
If you carry additional charges, we take care of them too. We don’t just go through the motions, we approach each charge with the intent of succeeding for you.