Legal Question in Criminal Law in Kentucky

Being Arrested More than once On the same charge!

ok i want to know if a person can be arrested twice on the same charge? it's a criminal case....the charge is assault 2 a class c felony,,first arrest was the same as the one as on the second time ..the first time threw the county attorney's office..the person was arrested put in jail than let out on bond the first time,,than the case went to the commonwealth attorney's office than a grand jury indictment warrant was then issue on the same thing the person was charged with already once.....how can a person be arrested twice on the same thing? is basically what i need to know......Thank You ......PK


Asked on 12/06/01, 1:35 am

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Being Arrested More than once On the same charge!

You can be arrested twice. Once when the initial warrant was served. If this was a felony, the District Court can only (1) set bond and (2) conduct a preliminary hearing at which the Commonwealth (usually throught the County Attorney) must establish some reason for chargining the person. If the District Court sustains the warrant then the charge is passed to the Grand Jury who returns the real charge by issuing an indictment. The Court can order the arrest upon serving the indictment or it can, in its descretion, authorize service by summons.

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Answered on 12/06/01, 8:31 am


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