Law Enforcement Resources

Felony cases begin in Campbell District Court, which handles arraignments and felony probable cause hearings but cannot try a felony. Felony trials take place in Campbell Circuit Court. In general terms, a case moves through these stages.

1. 1Charging: an arrest on probable cause, or a sworn criminal complaint that leads to an arrest warrant or a summons.
2. 2District Court: the defendant is arraigned, and a judge may hold a preliminary hearing to decide whether probable cause supports sending the case to the grand jury. The investigating officer is often the main witness at this hearing.
3. 3Grand jury: the Commonwealth’s Attorney’s office presents the evidence, and the grand jury decides whether to return an indictment.
4. 4Direct submission: some cases go to the grand jury without a preliminary hearing, when the investigating agency brings the case straight to the prosecutor.
5. 5Circuit Court: after indictment, the case proceeds through arraignment, discovery, motions, and a plea or trial.

As general good practice, a complete file sent early serves a case better than pieces sent over time. A thorough file usually contains:

• Incident and supplemental reports from every officer involved, including those who only assisted.
• The citation, complaint and warrant, and any search warrant with its affidavit, return and inventory.
• Evidence and property logs showing chain of custody from collection through storage and lab submission.
• Lab requests and results, or a note that results are still pending.
• Every recording: body-worn and in-car video, 911 and dispatch audio, interviews, surveillance video and photographs.
• Any statements by the suspect, with documentation of rights advisements and waivers.
• Full contact information for each victim and witness, plus any interpreter or accessibility needs.
• Criminal history, and records of prior convictions that may matter for enhanced charges.
• Medical records releases, injury photographs, damage estimates and restitution information.

If follow-up work is still underway, say so in the file so the prosecutor knows what else is coming.

The Kentucky State Police Forensic Laboratory System runs a central laboratory in Frankfort and regional laboratories, including a Northern Laboratory in Cold Spring. Submissions use the KSP 026 Request for Evidence Examination, and the laboratory publishes a Physical Evidence Collection Guide and case acceptance policies for disciplines such as forensic biology. Lab work takes time, so tell the prosecutor early when a case depends on results that are not yet back.

KRS 421.500, part of Kentucky’s Crime Victim Bill of Rights, places specific duties on law enforcement. At first contact, officers must make sure victims receive information on available protective, emergency, social and medical services. As soon as possible after that, victims must also be told about:

• Crime victim compensation, where it applies.
• Community-based treatment programs.
• The criminal justice process as it involves the victim or witness.
• The arrest of the accused.
• How to register for notice when an offender is released from custody.

The same statute requires officers to tell victims and witnesses how they can be protected from intimidation, harassment and retaliation, to return a victim’s property held as evidence promptly unless there is a compelling reason to keep it, and, on request, to help victims and witnesses explain to employers why they may need time off work.

Section 26A of the Kentucky Constitution, known as Marsy’s Law, gives victims constitutional rights that include timely notice of proceedings on request, the right to be heard at release, plea and sentencing, reasonable protection from the accused, and the right to be informed of these rights. Victims can register for custody notifications through VINE online or at 1-800-511-1670.

Under Brady v. Maryland, the prosecution’s suppression of evidence favorable to the accused violates due process when the evidence is material to guilt or punishment, whether or not the failure was in good faith. In Kentucky, RCr 7.24 governs discovery in criminal cases. The prosecutor can disclose only what the prosecutor has, so officers should preserve everything and pass it on, including:

• All body-worn, in-car and other video, even when it seems unhelpful or duplicates other footage.
• Field notes, texts, emails and messages about the case.
• Anything that could help the defense, such as an identification of someone else or a statement that conflicts with other evidence.
• Information bearing on the credibility of any witness.
• Evidence that was collected but not tested or submitted.

Make sure recordings are flagged so they are not lost to routine retention schedules, and tell the prosecutor about any evidence held by another agency.

Officers are often the key witnesses at the preliminary hearing, before the grand jury and at trial. A subpoena is a court order. Report conflicts such as leave, training or shift changes to the office as soon as they are known, rather than on the day of court.

• Review reports, notes and recordings before testifying.
• Bring anything the subpoena or the prosecutor asks for.
• Answer the question asked, and say so plainly when you do not know or do not remember.
• Tell the prosecutor before the hearing about any new information or any error in a report.
• Treat grand jury testimony as confidential.

For questions about a pending case, a subpoena, a discovery request or a victim’s concerns, call the office. Have the defendant’s name, case number and next court date ready. For general questions about new statutes or recent court decisions, the Department of Criminal Justice Training’s Legal Training Section also answers questions from law enforcement agencies.