Criminal Prosecution Process in Kentucky
In a criminal case, unlike a civil case, the victim doesn't bring
charges against the accused person, who is known as the
“defendant.”  A crime is considered a wrong against the
Commonwealth, and it is the "people" of the Commonwealth
who file charges against the defendant. The
County Attorney
(violations and misdemeanors) and the Commonwealth
Attorney
(felonies) represent the people.

The prosecution of a crime by the Commonwealth is a step-by-
step process. This process can be long, complicated, and
confusing, but if you know what you are charged with and
then learn what the process is for that crime, you'll be less
confused and able to make better decisions for yourself.
To begin, there are three types of crimes in Kentucky:

1-  Violations
2-  Misdemeanors
3-  Felonies
Violations are the least serious of the three Kentucky crimes.  People charged with violations are usually cited for speeding
while driving, failure to follow city or county ordinances, alcohol intoxication in a public place, and other traffic violations.  
These matters are decided in the District Court in the county of the violation.

Misdemeanors are crimes with a maximum sentence of no more than one year in jail. Misdemeanors are divided into two
classes (A and B).  Class A misdemeanors are the most prevalent and most serious. Class A misdemeanors include
possession of marijuana, shop lifting, assault and battery, and misdemeanor bad check writing. Also, several serious traffic
offenses (DUI, driving on suspended license, etc.) can be listed as Class A misdemeanors. Misdemeanors are decided in the
District Court in the county of the violation.

Felonies are criminal offenses with maximum penalties greater than one year in prison. In Kentucky, felonies are broken
down into four classes (A, B, C, and D).  Felony charges include murder, malicious wounding, armed robbery, and grand
larceny.  But more commonly, felonies are brought against people charged with drug-related offenses and other theft
offenses.  All cases that involve at least one felony are decided in Circuit Court in the county of the violation.
Now that you know the differences among the types of crimes, here is a more precise look at each type:
The Misdemeanor and Violation Process Step by Step
The Felony Process Step by Step


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(606) 886-6090       FAX: (606) 886-6148
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