HOW TO FILE A CRIMINAL COMPLAINT (“PRESS CHARGES”) WHERE DO YOU GO? To file against a juvenile (a person under the age of 18 years), you must go to the Court Designated Worker’s Office in the Kenton County Justice Center located at 230 Madison Avenue, Covington Kentucky 41011 .
Can police press charges if victim doesn’t want to?
Can the Police Arrest Me if the Victim Doesn’t Want to Press Charges? ... The short answer is, yes , the police can make arrest you and refer the matter to the state for charges despite the alleged victim’s wishes.
How long after an incident do I have to press charges?
In simple assault cases, you have one year to report the attack to the police. However, most felony assaults carry a three-year statute of limitations. While these numbers may give you an idea of the maximum amount of time you can wait to file charges, you should not wait to file charges against your assailant.
What’s the process of pressing charges?
What does it mean to press charges? After the initial report is made to law enforcement, a survivor can decide whether or not they would like to move forward with the investigation , a process referred to as pressing charges. Ultimately, the decision to press criminal charges is up to the state.
How do I press charges on someone in Kentucky?
HOW TO FILE A CRIMINAL COMPLAINT (“PRESS CHARGES”) WHERE DO YOU GO? To file against a juvenile (a person under the age of 18 years), you must go to the Court Designated Worker’s Office in the Kenton County Justice Center located at 230 Madison Avenue, Covington Kentucky 41011.
On what grounds can a case be dismissed?
An order to dismiss a case can occur when the appellate court , having reversed the conviction on the grounds of a bad search or arrest, examines what’s left of the case and determines that there is not enough evidence to warrant another trial.
What happens if someone doesn’t want to press charges?
Domestic Violence Charges When the Victim Does Not Want to Press Charges. If a victim does not appear at trial, the prosecutor may dismiss the case if there is not sufficient evidence to convict the accused without the victim’s testimony . Some prosecuting agencies will subpoena the victim for trial, while others do not ...
How do most domestic violence cases end?
The vast majority of domestic violence defendants are first time offenders who have never been arrested before and are facing their first blush with the criminal justice system. Although it may seem very confusing, frustrating and stressful to go through the process most cases end with a dismissal of all charges .
What happens if charges are filed against you?
If the prosecution decides to file charges, a warrant for your arrest may be issued . ... If you have been arrested, your attorney may be able to convince the prosecutor to agree to recommend a reduction in your bail, or to have you released on your own recognizance.
What is considered lack of evidence?
Evidence which fails to meet the burden of proof . In a trial, if the prosecution finishes presenting their case and the judge finds they have not met their burden of proof, the judge may dismiss the case (even before the defense presents their side) for insufficient evidence.
Can a good lawyer get charges dropped?
The first way your attorney can get the charges against you to be reduced is by having them dropped or dismissed. ... Even if your attorney can’t have the charges against you dropped or dismissed, he or she may be able to have them reduced. One of the most common ways this is done is through a plea deal .
Can you press charges after deciding not to?
The simple answer is, Yes . The victim of crime always has the right to bring charges and if the police can substantiate the charge with the evidence and the statute of limitations on bringing the charge has not elapsed, then it can be initiated.
Does the prosecutor talk to the victim?
As an alternative to—and, in some states, in addition to—permitting the victim to address the court or submit a victim impact statement
Who prosecutes domestic violence cases?
One important strategy for reforming prosecutor response to domestic violence in the United States has been to create dedicated domestic violence units with the state prosecutor’s office—that is, teams of prosecutors who prosecute only domestic violence cases.
How long do domestic abuse cases last?
Some cases can go on for as long as a year . Other cases are done much sooner. Again, it really depends on the particular circumstances. Are There Many Domestic Violence Cases Where The Alleged Victim Later Claims They Exaggerated The Incident?
How do you know if someone is pressing charges?
Arrest. The most obvious way to find out if charges are being pressed is when you’re arrested, taken to the police station, and booked: your fingerprints are taken , among other requirements. ... In the meantime, the police investigate the circumstances of your arrest and provide any evidence to the prosecutor.
