Juveniles Tried as Adults in Kentucky

Kentucky tries juveniles as adults through 'youthful offender' transfer. On the county attorney's motion, a child who was 14 or older and is charged with a capital offense or a Class A or B felony, a child 16 or older charged with a Class C or D felony who has a prior felony adjudication, a child 14 or older charged with a felony in which a firearm was used, or a child previously convicted as a youthful offender, goes to a preliminary hearing where the district court, after finding probable cause, may transfer the case to circuit court for trial as an adult if two or more listed factors (such as seriousness, offense against persons, maturity, prior record, public protection and prospects for rehabilitation) favor transfer. A child 15 or older charged with a Class A, B or C felony in which a firearm was used is transferred to circuit court for trial as an adult if the court finds probable cause, though the case may be sent back. Youthful offenders convicted as adults are held in juvenile facilities until 18.

Kentucky's rule on court-appointed lawyers: A 'needy person' who is detained on suspicion of, or formally charged with, a serious crime (and certain juvenile public or status offenses) is entitled to be represented by an attorney from the Department of Public Advocacy, with court costs waived (§ 31.110). The court in which the case is pending determines, at each step, whether the person is needy, considering factors such as income, property, vehicles, assets, obligations, dependents, federal poverty guidelines, complexity of the case and any money bail paid; counsel may be appointed at the earliest necessary proceeding upon the person's declaration of being needy, subject to reimbursement if later found not needy. The person certifies an affidavit of indigency (compiled by the pretrial release officer), under penalty of perjury (§ 31.120). At arraignment the court holds a nonadversarial hearing to decide whether a person who requested a public defender can pay a partial fee for representation and court costs, in an amount the court determines (lump sum or installments); an unpaid partial fee becomes a civil judgment (§ 31.211). KRS 31.110, 31.120, 31.211

Lawyers set their own fees, and Kentucky has rules on how they may charge. See hiring a criminal defense lawyer in Kentucky for fee rules, how to check a lawyer's license and free help.

How release before trial works in Kentucky: Any person charged with an offense shall be released by a court of competent jurisdiction on personal recognizance or an unsecured bail bond in an amount set by the court or fixed by the Supreme Court, unless the court determines release will not reasonably assure appearance or that the person is a flight risk or a danger to others; then the court may impose conditions such as supervised custody, travel restrictions, a surety bond, a 10% deposit bond, a full cash bond, drug/alcohol testing, GPS monitoring, or other conditions (§ 431.520). A person still detained 24 hours after conditions are imposed because of inability to meet them is entitled, on written application or the court's own motion, to have the conditions reviewed (§ 431.520(8)). Bail must be sufficient to ensure compliance, not oppressive, commensurate with the offense, considerate of past criminal acts and anticipated conduct, and considerate of the defendant's financial ability; for one or more misdemeanors not involving physical injury or sexual contact, bail for all charges shall not exceed the fine and court costs for the highest misdemeanor charged; these limits do not apply to a defendant found to be a flight risk or danger, and a denial of release must be documented in a written order (§ 431.525). Commercial bail: it is unlawful for any person to engage in the business of bail bondsman; charitable bail organizations may not post bail of $5,000 or more, or any bail for certain domestic-violence, dating-violence or violent-offender charges (§ 431.510). KRS 431.510, 431.520, 431.525 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Kentucky expungement and record sealing rules.