Felony suspects always plead ‘not guilty’ in KY court because they have to. This is why
When a crime makes news headlines, sometimes the case doesn’t seem to be a question of “whodunit.” It’s common for criminal cases to feature video or photos of a suspect committing the crime.
Despite that, a defendant charged with any felony crime in Kentucky will plead not guilty during their first court appearance, leaving some to wonder how they can deny guilt if there is clear evidence of them committing a crime.
Attorney Chris Tracy, who is the bluegrass regional manager/assistant general counsel for the Kentucky Department of Public Advocacy, says a defendant legally cannot plead guilty to a felony in district court. In Kentucky, district courts don’t have the jurisdiction to accept a guilty plea for a felony.
“Circuit court is the court of general jurisdiction, and district court is ‘carved out’ of that power,” Tracy said. “As such, district court doesn’t have jurisdiction to take a felony guilty plea. They could only accept a plea on a felony case if the county attorney first amends all the felony charges to misdemeanors.”
Tracy acknowledged that it can “sound funny” when someone who was caught in the act of a crime pleads not guilty, but it’s the only option.
“The district court would reject that plea – it would make no sense,” he said. “Even if they showed up and said ‘Hey judge, my client is super sorry and they want to take responsibility today,’ whatever district judge who has that case would have to say, ‘I can’t take this plea – it is a felony.’”
But even if they could, there are additional reasons why it would be detrimental for a defendant to plead guilty at their first court appearance, Tracy said. A defendant typically doesn’t have any idea what punishment they may face if they pleaded guilty at the first court appearance.
What happens after the first court appearance?
In a felony case, the first appearance in district court is an arraignment. Here a defendant will plead not guilty, have a bond set by a judge, and receive a date for their next court appearance – typically a preliminary hearing.
At a preliminary hearing, a defendant appears before a district judge who decides if there is enough evidence to send a defendant’s case to a grand jury.
In the preliminary hearing, prosecutors and defense attorneys are given the chance to question a witness during the hearing, typically a police officer involved in the case. The prosecutor must prove to the judge there is enough evidence to keep the charges in place and advance the case.
A defendant can choose to waive this hearing, and can send their case directly to a grand jury. The grand jury’s role is to decide if there is sufficient evidence to indict someone, which sends their charges to a circuit court, where a trial could potentially take place, according to state law.
The grand jury doesn’t determine guilt, and it can decide not to indict the defendant, or indict the defendant on different charges. The grand jury consists of a panel of citizens summoned by the circuit court to review any criminal charges brought against the defendant and to hear evidence from witnesses.
If a grand jury does decide there is enough evidence against the defendant for the charges against them, they will hand down an indictment. The indictment sends the case to the circuit criminal court, where a defendant is arraigned again, according to the state of Kentucky’s website.
Tracy said after a circuit court arraignment, a defendant will receive two court dates from a judge. The first is a pretrial conference, which is a meeting between prosecutors and the defense team with no judge present.
Tracy said this is the first instance in which both sides will work towards some sort of agreement, offer or settlement on the charges.
The second date given at the arraignment is a status hearing, which includes discussion on the status of the case. Status hearings are conducted in open court with a judge present, Tracy said.
How often do cases go to trial?
All of these proceedings are organized in an effort for a defendant to make it to trial.
However, fewer than 3% of federal criminal cases result in a trial, with more than 97% of criminal cases being resolved by plea, according to a study by the National Association of Criminal Defense Lawyers.
Tracy said the numbers for federal plea deals are very similar to what Kentucky sees in state court, and what Fayette County sees locally.
A plea deal is an agreement between prosecutors and a defendant in which the defendant pleads guilty to some or all charges. Plea deals offer a quicker resolution to the case and defendants are often able to get a reduced sentence or a conviction on lesser offenses.
Parties can also be required by a judge to take part in mediation. Mediation is an informal process in which a neutral mediator – a retired judge – facilitates the resolution of a dispute between two or more parties. Any case can be mediated with the exception where one party may pose a risk to other participants, such as domestic violence cases.
Felony mediations were introduced and encouraged in Fayette County in April 2021 by Kentucky Supreme Court Justice John Minton, in efforts to reduce a backlog in criminal cases caused by COVID-19.
If a case does make it to a trial, that process begins with jury selection on the first day. The timelines for trials can vary greatly depending on the amount of evidence in the case and the number of witnesses who will testify.
This story was originally published May 9, 2023 at 12:00 PM.
