Charged with a Felony or Midemeanor in Louisville, Kentucky - A lawyer's guide

Criminal courts, more informally known as felony/misdemeanor courts, are courts which resolve all non-felony criminal matters. While District courts arraign most defendants on felony charges, it has no jurisdiction to adjudicate felonies. Many felonies are amended to misdemeanors and resolved in District court. Some will be transferred, or “waived� to be heard by a Grand Jury, which is a jury consisting to citizens who review evidence and determine whether an individual should be indicted and prosecuted in Circuit court on the felony charge.

Some felonies will be dismissed in District Court. This can occur when the Commonwealth fails to provide the required preliminary hearing within the relevant time frame. For example, an incarcerated defendant may have his or her felony charges dismissed or be released from custody on the tenth day after arraignment because the Commonwealth has no witness present to testify. The Commonwealth may in some cases move to dismiss felony charges voluntarily. Certain aspects concerning felony charges in District court should be noted. First, the court, in determining whether a defendant's case should be waived for Grand Jury consideration, need only find “probable cause� that a felony occurred and the defendant committed it. Hearsay evidence is admissible and common. It can be assumed that a large number of preliminary hearings result in cases being waived for possible felony prosecution. Second, defendants should remember that dismissal of felony charges does not terminate prosecution. No matter the disposition in district court, the Commonwealth retains the right to pursue felony charges against a defendant.

Misdemeanors, crimes for which the maximum sentence is one year, form the bulk of cases in District court. While some cases are ultimately tried to a jury, the large majority are resolved prior to trial. Disposition of any case will necessarily involve many factors. Typically, a prosecutor will review documented evidence and consult with any witnesses. A defendant retains the right to remain silent, but can, and often do, speak with the prosecutor as well. The prosecutor will also review the defendant's criminal history, if any, and consider any other circumstances deemed relevant, before offering a possible resolution. The defendant is not required to accept the prosecutor's offer. Should the defendant and Commonwealth be unable to reach a negotiated settlement, the case will be set down for trial. While the right to trial by jury is guaranteed by the Constitution, defendants without representation should remember they will be required to adhere to all relevant rules of evidence and procedure. A defendant who pleads guilty to or is convicted of a misdemeanor can receive a sentence of up to one year of incarceration and/or a fine of up to 500.00, depending on the precise charge. Many times these sentences will be conditionally discharged. This is essentially a form of suspended or probated sentence; so long as the defendant adheres to certain enumerated conditions, the Commonwealth will not seek to have the defendant serve any of the sentence. This “probation� period can last for a maximum of two years. During this period of time a defendant who commits a new offense can almost certainly expect the commonwealth to file a motion to “revoke� their unserved sentence. Revocation of this sentence is within the discretion of the court. The court will give the defendant a date before which he or she must pay all fines and costs. This I commonly referred to as the “show cause� date. A defendant who has not satisfied this obligation by that date must reappear in court to justify non-payment. Those failing to appear will almost always have a warrant for their arrest issued, which warrant can be set aside by payment of fines and costs.

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