Felonies

People who are convicted of felonies in Kentucky will be sentenced to pay a fine between $1,000 and $10,000 or double any gain from committing the offense, whichever is greater. KRS 534.030. 

There is no statute of limitations on felony crimes in Kentucky (which is unusual). KRS 500.050

District Court

Felony cases are usually charged in District Court. A defendant will be charged, arraigned, and likely have a “Preliminary Hearing” in front of a Judge before proceeding to the Grand Jury. In District Court, county attorneys (prosecutors) consider the evidence and decide whether they will offer to amend the felony to a misdemeanor, dismiss the case, or proceed with the felony charge.

If they choose to proceed with the felony charge, the defendant is entitled to a preliminary hearing, or “probable cause” hearing. At the probable cause hearing, the Commonwealth must show that there is enough evidence to support probable cause that a felony occurred. Sometimes, an arresting officer or detective will testify. The District Judge determines whether or not probable cause exists. If there is a determination that the probable cause burden has been met, the case is scheduled to be heard by the Grand Jury.

Felony cases are presented to a Grand Jury (these are the same jurors who sit for a regular jury trial). Once a case moves to the Grand Jury stage, the prosecutors change to a different set of people - from County Attorneys to Commonwealth Attorneys. The Commonwealth Attorney’s Office is responsible for presenting evidence to the Grand Jury. There will typically be evidence introduced and a detective or police officer will testify. The Grand Jury has a lot of power. They can decide if there is a “true bill” meaning the case proceeds to Circuit Court, or if there is “no true bill,” meaning the case is either dismissed or goes back to District Court. If there is a “true bill” then the defendant is “indicted,” and a Warrant on the Indictment is issued. Sometimes the defendant is re-arrested and must post a new or different amount of bond. In Kentucky, the Grand Jury is a closed hearing; however, with the right attorney, there are ways the Defendant can convey his or her side of the story to the Grand Jury.

Once the defendant is “indicted,” the case starts all over again in Circuit Court, with an arraignment, then status hearings, and proceeds towards trial. The defense attorney files appropriate bond motions and works with the Commonwealth Attorneys – obtaining all the evidence (“discovery”), such as grand jury testimony, body cam footage, detective and police reports. Reviewing the evidence will help determine which motions need to be filed with respect to discovery, suppression, etc. Negotiations with the Commonwealth are common during this phase and defense counsel works with the Defendant to understand options and to craft the options - pleas, offers, charge amendments, jury trials and the risks and rewards of each. If the case is not resolved at the pre-trial stage, then it moves towards trial.

A jury trial is a big event in the life of a defendant and their family. It is one of the most important choices a defendant has to make. The jury trial process looks like this:

1. Voir Dire (jury selection)
2. Jury is selected and sworn in
3. Opening statements are presented – first by the Commonwealth, next by the defense
4. The Commonwealth puts on its Case in Chief – presenting evidence, testimony and witnesses.
5. The Defense cross-examines the Commonwealth’s evidence and witnesses.
6. The Defendant puts on its Case in Chief – presenting evidence, testimony and supporting witnesses.
7. The Commonwealth cross-examines the Defense evidence and witnesses.
8. Jury instructions are given to the jurors.
9. Closing statements are presented.
10. Jurors deliberate (decide the case).
11. Verdict; and
12. In some cases, sentencing.