Saturday, July 23, 2016

Citizen criminal complaints

The Kentucky legal system is somewhat unusual in that for minor criminal violations and misdemeanor offenses, citizens have the option to bypass the police and complain directly to the County Attorney. The County Attorney, or an Assistant County Attorney, reviews the citizen complaint and makes an initial determination of probable cause.

If there is probable cause, the Assistant County Attorney completes AOC Form 315.B, Criminal Complaint and refers the matter to the District Court for final determination. It seems that if the Assistant County rejects the citizen complaint, that too is referred to the District Court. I don't know what form is used, but there must be one. There is always a form.

The District Court may accept the County Attorney's recommendation and issue an arrest warrant or summons or refer the matter to mediation.  The District Court may also reject the County Attorney's recommendation regarding the citizen complaint and not take action.

Domestic violence is a common basis for such citizen complaints, but the process can be employed for any violation or misdemeanor.

The first step is to convince an Assistant County Attorney that a non-felony crime has been committed.


Tom Fox, J. D.
Southern Specialty Law Publishing Company
Louisville, Kentucky

A division of Accountable Kentucky Incorporated
a Kentucky Non-profit corporation

----------- oOo ----------

Self-help Law Books on Amazon
Subscribe to RSS Post feed

This is not legal advice and I am not a lawyer.

No comments:

Post a Comment