The role of a criminal prosecutor in Kentucky is to ensure that justice is served within the bounds of the law. In doing so, a prosecutor will review criminal cases brought by law enforcement, regulatory officials, and private citizens, and will work with these individuals to present cases in court.
When an individual over the age of eighteen (18) years is charged with a crime under the Kentucky Penal Code or a Boone County ordinance violation, he or she is known as the accused and is presumed innocent until proven guilty. The accused may be charged with a felony, misdemeanor, or violation offense. A felony offense is punishable by one or more years in state prison. A misdemeanor offense is punishable up to one year in the county detention center. Some offenses are classified as violations, which are often resolved with a fine only.
Boone County prosecuting attorneys address a variety of misdemeanor charges and violations in District Court, including impaired driving, domestic violence, traffic offenses, shoplifting, assault, and drug crimes. They research and present cases against those accused of committing misdemeanor offenses at all stages of the criminal justice system, which begins at arraignment. At that time, the accused is made aware of his or her rights, and he or she enters a plea of guilty or not guilty upon court record. If a not guilty plea is entered, the prosecutor will participate in all pretrial hearings by providing discovery information to the accused’s counsel, speaking to witnesses, and seeking justice for victims. Often, the prosecutor will make a plea offer to an accused to resolve the case based upon what the evidence shows and what can be proven in court. If pretrial resolution is not possible, the prosecutor will try the case in District Court. This includes presenting witnesses, photographs, objects, and other evidence of the crime(s) allegedly committed by the accused to the trier of fact. The prosecutor will also participate in the appeals process should the accused appeal his or her decision to the Circuit Court, Court of Appeals, or Supreme Court.
In addition to misdemeanors and violations, Boone County prosecuting attorneys present felony cases up through the preliminary hearing stage in District Court to determine if probable cause exists to transfer a case to Boone Circuit Court, where it is ultimately handled by the Commonwealth’s Attorney.