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| Criminal Prosecution Process in Kentucky |
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| 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. |
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| To begin, there are three types of crimes in Kentucky: 1- Violations 2- Misdemeanors 3- Felonies |
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| 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. |
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| Now that you know the differences among the types of crimes, here is a more precise look at each type: |
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| The Misdemeanor and Violation Process Step by Step |
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| The Felony Process Step by Step |
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