Citizens may make complaints alleging criminal conduct has occurred. Typically a citizen appears at the district clerk's office and gives a statement to personnel regarding an alleged violation, misdemeanor or felony. The complainant, or affiant as they are often called, must provide self-identification and must swear, under penalty of prosecution, that the statement is true. The complaint is prepared and subsequently reviewed by a prosecutor to determine whether criminal prosecution is appropriate. If warrants are referred for prosecution further, the prosecutor will further recommend the issuance of either a summons or arrest warrant. Ultimately, a judge reviews the warrant and decides whether it should be issued and in what form. In certain circumstances, the judge will issue a summons, which is an order to appear in court on a certain day or a warrant to Kentucky Police Agencies Order that a person to be arrested and brought before the court.
While warrants are initiated by written complaint, the criminal process unfolds as it would in felony misdemeanor case. In addition, the same rules apply to the defendant's right to a probable cause hearing within 10 days of incarceration, 20 days if the defendant is released from custody, including the right to timely hearing afforded defendants charged with felonies. Again, the prosecutor will review each case and make some type of recommended disposition which the defendant may either accept or reject.
Defendants with warrants should take the charges seriously and immediately. To schedule a free consultation, contact me online. Or you can call my office at (502) 589-6190 or (502) 648-1759 (text after hours). The attorney will want any documents and witness information. Do not email, text, tweet or post comments on Facebook, and do not delete any texts, calls or emails you have received.