Criminal Cases
Criminal cases
The County Attorney’s office prosecutes traffic citations and misdemeanor crimes. A felony charge can be initiated in district court.
Misdemeanors are punishable by up to one year in county jail or a fine up to $500, or both. Charges can be negotiated and resolved in several ways. The defendant can enter a plea of guilt, or the charge could be amended or dismissed. If the case is not able to be resolved, then it will be scheduled for a bench or jury trial.
Felony cases can be resolved if amended to a misdemeanor otherwise a preliminary hearing will be set. If the Judge believes there is sufficient evidence, the case will be bound to the Grand Jury. Cases where there has been an indictment are handled by the Commonwealth’s Attorney’s Office.
Juvenile criminal
Juvenile Court is a confidential court except for juveniles adjugated guilty of either a capital, Class A, B, or C felony. The County Attorney’s Office prosecutes juveniles charged with status and public offenses, as well as trying to collect restitution for the victims of these offenses.
Status Offenses include habitual runaway, habitual truancy and beyond control of parent or guardian. Public Offenses would include any criminal charge that could be filed against an adult, such as burglary, assault, possession, etc. In very serious offenses, a juvenile defendant will start in Juvenile Court but may be eventually waived up to Circuit Court for the juvenile to be tried as an adult, if the statutory requirements are met.
Before a juvenile criminal action is filed it must first go through the Court Designated Worker. Unless it is a felony charge, a juvenile gets two chances to work with the CDW before the third is filed. If the child can waive working with the CDW and have the charge filed immediately.