Have you been charged with a crime in Louisville, Kentucky? How the arraignment process works

Arraignment is the process whereby a person charged with a crime is advised of the charges they face. Additionally, the person will be advised of his or her Constitutional rights. The court will set bond and any accompanying conditions. For example, someone may be released on their own recognizance (R.O.R.) but prohibited from contact with the alleged victim or place of violation. Those defendants with some form of suspended or probated sentences may also expect to be served with written notice of the Commonwealth's intent to seek revocation of that jail sentence. For those facing felony charges who are not released and/or do not post bond, the Commonwealth must provide a preliminary or “probable cause� hearing on or before the tenth day post arraignment, exclusive of weekends and holidays. Those individuals who are charged with a felony and are released from jail are entitled to a “probable cause� hearing within 20 days of their arraignment, exclusive weekends and holidays.

Part of my job as an attorney is to educate the Court by providing accurate information regarding my client ties to the community, work history, criminal history, risk assessment to self or others, family and friends involvement with the defendant, and prior attendance in court. Please call me immediately upon the arrest of a loved one or friend. Judges routinely set bonds approximately every 4 hours. Many Judges will agree to a request by an attorney to review a bond. The Judge will review the charges, review the warrant/citation, criminal history, and information regarding the defendant's prior court attendance. The setting of a bond is based on the defendant's risk to self or others, prior criminal record, and risk of failing to reappear in court. The Pretrial Services worker will provide additional information and an assessment to the Judge and advise whether a defendant is a low, medium or high risk not to reappear in court. If your friend or loved one calls, please tell them to be polite and answer the Pretrial Service worker's questions.

At this point a Judge has several options. The Judge may decide to release a person on their own recognizance (R.O.R), release the defendant on a set of conditions such as no contact with the prosecuting witness or no driving, the Judge may set a bond for the defendant to post, or the Judge may agree to release the person on Home Incarceration. Given the experience of the bench in Jefferson County and the statutory language, the Judges in Jefferson County traditionally set reasonable bonds. Part of my job as an attorney is to provide the Judge with accurate information regarding my client ties to the community, work history, criminal history, risk assessment to self or others, family and friends involvement with the defendant, and prior attendance in court.

Those charged with misdemeanors will be given a date to reappear before the appropriate court for subsequent proceedings. While a person cannot be compelled to speak, it is often beneficial to respond to the court's inquiries concerning job status and living arrangements. The court is looking to assure itself that the defendant has ties to the community and will return to court. If you were arrested and released, the Pretrial Services worker will give you information concerning the time and court in which you must appear for arraignment.

If you have been released from jail or merely cited, please wait for me to arraign you in the courtroom you have been assigned. I will be representing several other clients on the same day I am representing you. If you have not talked to me by 10am on your court date if you have morning court or 2:00 pm if you have afternoon court, please call my cell at (502) 648-1759. If your name is called by an officer, prosecutor, Judge or clerk, please politely inform them that I am your attorney and I may be contacted at (502) 648-1759 if they have any questions or need to speak to me immediately. No witnesses or police officers are subpoenaed to appear at Arraignment. You will not have to say anything at this hearing. If you are charged with a misdemeanor, our local court rules permit an attorney to appear at your arraignment without you having to be present.

There are basically three types of arraignment court. If the person is in custody, their arraignment will be held at the Louisville-Jefferson County Metro Corrections Department located at 400 South 6th Street, Louisville, KY 40202-2306 (502) 574-2167. Arraignment in this facility begins at 9:00 am. You will not be permitted inside the secure courtroom; however, the court has set up a room for relatives and interested parties to watch the arraignment on a closed circuit two way television system. When your friend or loved one appears before the Judge you may appear at a lectern that has a two way camera with the Judge, The Judge may ask you questions regarding the defendant's living arrangements, ties to the community, employment and other information the court may be interested in securing to determine an appropriate bond or conditions for release.

If you are released from jail, the Corrections department will provide you with a yellow discharge paper which will provide you the date, time, and location of your arraignment court date. Most likely you will be arraigned at 9:00am in either courtroom 101, 102, or 103 if charged with a traffic/DUI offense. If you are cited or arrested by the police you will likely be arraigned in courtroom 301, 302, 303, or 304 at 9:00 am. If a warrant has been taken out by a citizen or business alleging criminal conduct, you will most likely be arraigned in Warrant Division 203 or 204 at 1pm. If you are charged with a district court child support case, your arraignment will likely be help at 1:00pm in courtroom 20___.

If charged with a DUI, I would like clients to complete the DUI Client Interview Form - DUI Client Interview Form

For all other charges, including expungements, I would like clients to complete the General Client Interview Form - Client Interview Form