The Kentucky Waiver of an Indictment is a legal document signed by a defendant in a criminal case in which they waive the right to be formally charged by a grand jury. This document, also known as an “indictment waiver” or “waiver of indictment”, is used when a defendant wishes to proceed directly to a trial or plea hearing with the criminal charges brought against them. By signing the waiver, the defendant agrees to the charges and waives the right to have a grand jury consider the evidence and decide whether to indict. The Kentucky Waiver of an Indictment includes two types: a voluntary waiver of an indictment and a waiver of an indictment due to a speedy trial violation. The voluntary waiver of an indictment is signed by a defendant in a criminal case who wishes to proceed directly to a trial or plea hearing without the formality of an indictment. The waiver of an indictment due to a speedy trial violation is applied when a defendant is denied a speedy trial within the time mandated by statute. In this case, the court may grant the waiver of an indictment to bring the matter to trial or plea hearing.
Kentucky Waiver of an Indictment
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FAQ
In Kentucky, nine of 12 members must believe there is enough evidence to return an indictment. If someone is indicted, then an arraignment is scheduled. That's a type of hearing where charges against someone are formally presented to them. In felony cases, a plea of not guilty will be entered for them.
Matters can also be "waived" to the grand jury. This involves the defendant electing against having the hearing and allowing the matter to proceed to the grand jury.
There is no statute of limitations on a felony in Krntucky so you can be indicted at any time.
What Happens Once a Person is Indicted? Once a prosecutor has presented the evidence and the grand jury has indicted the defendant, the case is headed for trial. The defendant will have the chance to work with a criminal defense attorney and come up with the best defense possible.
(3) In any event, if a defendant has been held to answer, without being indicted, for longer than 60 days from the finding of probable cause pursuant to RCr 3.14(1), the circuit court shall, upon motion, thereupon make an order discharging such defendant from custody; or, if such defendant is free on bail that has not
There is no time limit for any felony. Cases for misdemeanors must be started within 1 year. If the victim of a misdemeanor sexual offense (under Kentucky Revised Statutes section 510.010 et seq.) is a minor at the time of the crime, the case must start within 5 years of the victim's 18th birthday.
