by admin | May 13, 2021 | Criminal Procedure, Kentucky
If two (2) or more offenses are charged in the same indictment, information, complaint or uniform citation and they cannot be properly joined, the Commonwealth may be required to elect which offense it will prosecute.Ky. R. Crim. P. RCr 8.29Adopted by Order 2014-22,...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
(1) The defendant shall be present at the arraignment, at every critical stage of the trial including the empaneling of the jury and the return of the verdict, and at the imposition of the sentence. The defendant’s voluntary absence after the trial has been...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
(1) Motion. A motion to suppress evidence shall be filed by the deadline set by the court pursuant to Rule 8.20 for the filing of such motion. If the court has set no deadline under Rule 8.20, the motion shall be filed within a reasonable time before trial. (2)...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
If it appears from either the indictment, information or evidence that the offense was committed in a county other than that in which the trial is being held, the defendant may move for a transfer of the prosecution to the proper venue. If the motion is sustained, the...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
(1) If a motion is determined adversely to the defendant the defendant shall be permitted to plead if the defendant has not previously done so. A plea previously entered shall not be affected by the adverse determination of a motion. (2) If the court grants a motion...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
A pretrial motion raising defenses or objections shall be determined before trial unless the court orders that it be deferred for determination at the trial of the general issue, but no such determination shall be deferred if a party’s right to appeal is...
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