Legal Question in Criminal Law in Kentucky
Wrongfully accused
my husband was wrongfully accused of a crime, placed in jail, then required to post bond and go on house arrest until a court date was set. First is that legal? Secondly,the court date is tomorrow, when he his able to prove his innocence, what legal options might we have available?
1 Answer from Attorneys
Re: Wrongfully accused
The bond situation is legal. At this next hearing, he will most likely be arraigned, that is he will enter his initial plea of guilt or not-guilty. At this point, the Court (in Kentucky) will inquire if he can afford an attorney. If the offense carries potential jail time then he will be apponted one if he cannot afford one. He will have to fill out a qualifying affidavit for this. If the charge is a misdemeanor, (less than 12 mo in jail) then most likely the case will be set for a pre-trial or maybe even a trial date. If the charge is a felony, then it will be set for a preliminary hearing to determine the basis of the charge. If there is reason to bring the charge then the case will be bound over to the Grand Jury. Your attorney will advise you as you go along. This is not the point where guilt or innoncence is established.
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