If you believe a crime has occurred, you should first contact the appropriate law enforcement agency. Law enforcement is responsible for investigating alleged criminal offenses, gathering evidence, and determining whether criminal charges are warranted. The following information is intended to help individuals better understand the criminal complaint process and what to expect after reporting an incident to law enforcement.

Where Do You Go?

If you wish to report a misdemeanor offense or violation that occurred in Pulaski County, you should contact the appropriate law enforcement agency with jurisdiction over the incident. Law enforcement officers are responsible for investigating allegations, collecting evidence, and preparing any reports necessary for further review.

For incidents involving juveniles (individuals under the age of 18), you may also contact the local Court Designated Worker’s Office at (606) 677-4093 for information regarding the juvenile intake process and procedures established under Kentucky law.

What Should You Bring?

When filing a complaint, you should bring as much information and documentation as possible, including:

• The full name and address of the individual you wish to file against;

• A copy of any police report or incident report related to the matter;

• Any photographs, videos, text messages, documents, or other evidence relevant to the complaint; and

• The names and contact information of any witnesses.

Providing complete and accurate information helps the office properly review the matter and determine whether criminal charges are appropriate under Kentucky law.

How Is a Complaint Filed?

After a report is made, the investigating law enforcement agency will gather relevant information, interview witnesses as necessary, and prepare any reports or supporting documentation related to the alleged offense. Once the investigation is completed, the case may be submitted to the appropriate prosecuting authority for review.

The County Attorney or an Assistant County Attorney will evaluate the available evidence and applicable law to determine whether sufficient legal grounds exist to pursue criminal charges. The filing of criminal charges is based upon the facts, evidence, and legal standards applicable to each individual case.

Not all complaints result in criminal charges. Charging decisions are based upon the available evidence, applicable Kentucky law, and whether probable cause exists to support the allegations.

What Happens After a Complaint Is Approved?

If criminal charges are authorized, the complaint will be submitted to a judge for review. The court may issue either:

1. Criminal Summons: A criminal summons directs the defendant to appear in court on a specified date and time. A summons is not an arrest order, but a formal notice requiring the defendant’s appearance in court.

2. Arrest Warrant: An arrest warrant authorizes law enforcement to take the defendant into custody and bring the individual before the court.

Once issued, the summons or warrant is forwarded to the appropriate law enforcement agency for service. The timing of service may vary depending on the circumstances and location of the defendant.

What Happens in Court?

The first court appearance is known as an arraignment. At arraignment, the defendant is informed of the charges and advised of his or her legal rights. The defendant may enter a plea of guilty or not guilty.

If a not guilty plea is entered, the case may proceed through additional stages, including:

• Pretrial conferences;

• Motion hearings;

• Diversion eligibility review;

• Bench trial; or

• Jury trial.

In some cases, defendants may qualify for diversion programs that allow charges to be dismissed upon successful completion of court-ordered conditions. Eligibility for diversion is determined by the court and is not available in every case.

If a case proceeds to trial, the judge or jury will determine whether the defendant is guilty or not guilty based upon the evidence presented in court.

Your Responsibilities as a Complainant or Witness

Individuals involved in criminal cases may be required to appear at scheduled court proceedings. It is important to:

• Keep track of all court dates;

• Maintain current contact information with the court and prosecutor’s office;

• Notify the office of any witnesses who may need to be subpoenaed;

• Bring any relevant evidence to court; and

• Dress appropriately and arrive on time for all proceedings.

The prosecutor assigned to the case will present the evidence on behalf of the Commonwealth of Kentucky.

Court dates are sometimes continued or rescheduled due to legal or scheduling issues. The Pulaski County Attorney's Office strives to ensure that all matters are handled fairly, efficiently, and in accordance with Kentucky law.