The Kentucky Order Granting Pretrial Diversion of Class D Felony is a court order that allows a person accused of a Class D felony to avoid serving jail time and prosecution. This order is issued by a judge and allows the defendant to participate in a pretrial diversion program. The program typically involves the completion of activities such as community service, substance abuse counseling, or other activities deemed necessary by the court. If the defendant successfully completes the program, the charges against them are dismissed and their criminal record is sealed. There are two types of Kentucky Order Granting Pretrial Diversion of Class D Felony. The first is a Deferred Diversion Order, which allows the defendant to postpone prosecution for up to one year while they complete the diversion program. The second is a Dismissal Diversion Order, which allows the defendant to complete the diversion program and then have the charges against them dismissed without a conviction.
Kentucky Order Granting Pretrial Diversion of Class D Felony
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FAQ
Status Hearing/Pretrial Conference in Circuit Court It is an opportunity for the lawyers to meet to discuss the case and for the government to make an offer for a guilty plea. These jurisdictions may also hold status hearings to meet with the judge.
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.
There is no statute of limitations on a felony in Krntucky so you can be indicted at any time.
At any point after arraignment, the defendant may choose to plead guilty. Often, the County Attorney reviews the case and decides to offer a plea ?deal.? This offer is an agreement between the State and the defendant that he or she will plead guilty under certain specified terms.
At the arraignment, the judge will advise the defendant of the charges brought against him and advise the defendant of his rights. The defendant is the only person that needs to be present for the arraignment. There will be NO evidence heard by the judge at this court event.
Here a defendant will plead not guilty, have a bond set by a judge, and receive a date for their next court appearance ? typically a preliminary hearing. At a preliminary hearing, a defendant appears before a district judge who decides if there is enough evidence to send a defendant's case to a grand jury.
If the Defendant is SUCCESSFUL and completes diversion without violation, the case will be DISMISSED and voided from the Defendant's record. 60 days after dismissal, the Defendant may move the court to Expunge the charges entirely.
In Kentucky, nine of 12 members must believe there is enough evidence to return an indictment. If someone is indicted, then an arraignment is scheduled. That's a type of hearing where charges against someone are formally presented to them. In felony cases, a plea of not guilty will be entered for them.