Served a Warrant in Louisville, Kentucky? Know your criminal defense options
Warrant Citizens may make complaints alleging criminal conduct has occurred. These complaints, or warrants, are adjudicated in warrant court .Typically; a citizen appears at the district clerk's office and gives a statement to personnel regarding an event. The complainant, or affiant, as they are often called, must provide self-identification and must swear, under pain of prosecution, that the statement is true. The complaint is documented and subsequently reviewed by a prosecutor to determine whether criminal prosecution is appropriate. If warrants are referred for prosecution, 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 warrants may be sworn out by peace officers. While warrants are initiated by written complaint, the criminal process unfolds as it would in felony misdemeanor court. The same rules apply, 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 in warrant court should take charges against them seriously. They should prepare their defense and be able to provide documentary evidence or witnesses for the prosecutor to review.
NO CONTACT ORDER
The Judge may, depending on the case, order that you have no contact with the prosecuting witness. You must not, under any circumstance, violate the Judge's order. A no contact order means you are not to talk, text, write, or call the prosecution witness. If you are in a McDonald's and the prosecuting witness enters, you must leave the restaurant immediately without having any contact with the witness. You are not to drive in front of their home or place of residence. You are not to have third parties, such as your family or friends, contact the witness on your behalf. Do not text or post comments on Facebook, Twitter, or MySpace.
If the prosecuting witness attempts to contact you after the Judge has advised you to have no contact, you still must obey the Judge's order and have no contact. You may not contact or communicate directly or in response to the prosecuting witness attempt to have contact with you until and unless this Court amends the order and permits contact. Even if another court permits contact, you are not permitted to have contact until this court amends its order. If you have any questions regarding a no contact order, we must redocket the case and ask the Judge for clarity. Judges rigidly enforce no contact orders and do not hesitate to incarcerate those who violate their orders.
EXPUNGEMENT
If the charges are dismissed you have the right to ask the court to Expunge (Remove) the charges from your criminal record. If you plead guilty to the original criminal charge or a reduced charge you must wait five to seven years (depending on whether you received a suspended jail sentence or probation) on a misdemeanor to have the charge expunged. You are eligible for expungement only if:
The offense was not a sex offense or an offense committed against a child; you have no previous felony conviction; you have not been convicted of any other misdemeanor or violation offense in the five years prior to the convictions sought to be expunged; you have not since the time of the conviction sought to be expunged been convicted of a felony, a misdemeanor, or a violation; there is no proceeding concerning a felony, misdemeanor or violation pending or being instituted against you; and the offense was an offense against the Commonwealth of Kentucky. If the court grants the Motion you must pay a $100.00 fee to the Court.
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