Criminal defense in Kentucky is necessary because at any time you could be arrested for committing a crime. Everyone thinks it can’t happen to them, but it is highly possible, even if you are a law abiding citizen. The entire criminal process in the state is composed of the following steps: arrest, booking, arraignment, bail, trial, and appeals.
The first step in the criminal process in Kentucky is the arrest. In order to arrest you, the officer must have probable cause. This means that he or she must have a reason to believe that you committed a crime. During the arrest you will be protected by your rights to remain silent and the rights to an attorney.
The next step in criminal defense in Kentucky is the booking process. During this step in the process you will be taken to the police station, finger printed, and asked simple questions such as your name and date of birth. Your person will be searched and photographs of you will be taken. Any personal property that you are carrying will be taken from you and kept in a safe place. This is not an interrogation and an attorney will not be necessary.
Next is the arraignment. This is a brief hearing that occurs some time within the first 72 hours following your arrest. It is during this hearing that you will have to make a plea concerning your innocence. The types of pleas that you have to choose from differ among the states. In the state of Kentucky, you have 4 pleas to choose from: guilty, not guilty, no contest, and mute. Now, the mute plea is a bit different and isn’t offered in every state. When you stand mute, the court will enter the plea as ‘not guilty’. The reason for this plea is so that if something along the way was not done as prescribed by the law your attorney may bring it up later in order to defend you. After the arraignment you may post bail in order to get out of prison for the time being. Bail is an amount of money or property that you give the court to make sure that you show up for your trial.
The trial and any appeals you make will be the last step of criminal defense in Kentucky. In order to prove your innocence, you and your lawyer must prove your case. This is why it is so important that you find an excellent criminal defense lawyer.