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Kentucky Motion for Pretrial Diversion of a Class D Felony

Louisville Kentucky Motion for Pretrial Diversion of a Class D Felony

Name: Louisville Kentucky Motion for Pretrial Diversion of a Class D Felony
Brand: US Legal Forms
Rating: 4.56 (335 reviews)

Category:

Kentucky Criminal - Statewide - Felonies

State:

Kentucky

City:

Louisville

Control #:

KY-AOC-347

Format:

Instant download

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Description

This Motion for Pretrial Diversion is an official form used by the Commonwealth of Kentucky in criminal matters, and it complies with all applicable codes and statutes. USLF updates all forms as required by statutes and law.

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FAQ

Effect of Pretrial Diversion on Immigration Applications Pretrial diversion or pretrial intervention that does not require a formal plea before the court, and that results in the ultimate dismissal of the charges, will avoid a conviction for immigration purposes.

DEFINITION. Pre-trial diversion is the postponement of imposition of sentence upon any person who qualifies for this program, subject to certain conditions established by the Court, for a period not to exceed two (2) years.

A: A pre-trial conference is a proceeding in which the judge determines if the defense and prosecution have come to an agreement on a plea of guilty. If so, the judge swears in the defendant and takes the plea of guilty on that date.

When diversion programs fail, individuals suffer, tax dollars are wasted, victimization is increased, and the system loses credibility, and in some of these cases diversion can actually be more expensive than normal processing, because offenders later have to be reprocessed and possibly incarcerated.

Deferred Prosecution - In Deferred Prosecution, the Defendant and the Commonwealth agree, with Court approval, to pass the case on the active docket for a period not to exceed 24 months.

Employing diversion programs rather than going through the formal system is a more productive way of addressing and preventing future delinquency, thus reducing recidivism. It grants youth the chance to alter their trajectory and decision making moving forward without unnecessary and long-lasting punitive consequences.

A diversion is an alternative procedure in a criminal case where the prosecution is interrupted through a deal between the defendant and the prosecutor where the prosecutor either dismisses the charges completely or does not bring any charges to begin with.

There are two general types of diversion programs: informal and formal. Informal or caution or warning programs are the least invasive and serve to divert youths out of the system with little to no further action.

Class D: Class D felonies in Kentucky include possession of a firearm by a convicted felon, unauthorized use of a credit card involving a sum of money between $500 and $1,000, stalking in the first degree, possession of a controlled substance, and wanton endangerment in the first degree.

Under the rules of Criminal Procedure, the grand jury must indict the defendant within sixty days, or the defendant is discharged from bond and either released from custody, or their money is refunded.

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Ive been on Pretrial Diversion for a Felony in the state of Kentucky can i get early termination? Order Granting Pretrial Diversion Of Class D Felony Form.This is a Kentucky form and can be use in Pretrial Diversion Statewide. 256 Failure to complete provisions of pretrial diversion agreement.

A defendant cannot be convicted of a felony by reason of his being required to enter a pretrial diversion agreement as a condition of conviction of a felony (Kentucky Rev. Stat. Ann. § 21B-724.2). This section does not allow the Commonwealth to terminate a pretrial diversion agreement (Kentucky Rev. Stat. Ann. Ann. § 21B-724.1). Felony Court Bond Class D (Misdemeanor: Failure to Appear): In addition to providing pretrial diversion services, it is mandatory to have a criminal history information collection form completed by each defendant, under the direct supervision of the court or court workers. Felony Court Bond Class D1 (Misdemeanor: Failure to Appear) Felony Court Bond Class M (Misdemeanor: Attempt to Commit Felony) What are my options for dealing with a non-citizen in the federal courthouse? Non-citizens in Kentucky will normally be required to appear in person to surrender their Non-U.S. Citizen U.S. immigration status.

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The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.

Louisville Kentucky Motion for Pretrial Diversion of a Class D Felony

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Does diversion affect immigration?

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What is deferred prosecution in KY?

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Which are the two main kinds of diversion programs?

What is a Class D felony in KY?

How long do they have to indict you in Kentucky?

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