WHERE DO YOU GO?
To file against an adult (18 years or older), you must go in person to the Office of the County Attorney located at 600 Columbia St., Newport, Kentucky. Our hours for filing a complaint are:
| Monday - Friday |
| 9:00 a.m. - 12:00 p.m. |
To file against a juvenile (a person under the age of 18 years) you must go to the Court Designated Worker's Office also located at 600 Columbia St., Newport, Kentucky.
WHAT DO YOU NEED TAKE WITH YOU?
A valid I.D. with a picture.
You will need the full name and complete address of the person you wish to file against (the defendant). A date of birth and social security number of the defendant are also helpful.
HOW DO I FILE THE COMPLAINT?
An employee of the County Attorney's Office will ask you to fill out a form (an affidavit) in which you will provide all the information related to your complaint.
The affidavit will be reviewed and a determination will be made regarding what charges, if any, are contained in the complaint.
WHAT HAPPENS TO THE COMPLAINT?
Your complaint may be referred to mediation in an effort to resolve the case outside of the criminal court system. If mediation is not successful your complaint will again be considered for criminal prosecution; or your complaint may be forwarded to the District Court Judge's Office where a Judge will review the complaint and issue one of the following:
1. Criminal Summons
A Criminal Summons is an order that the defendant appear in District Court. This is a notice and not an arrest. The Summons will advise the defendant to appear in Court for the arraignment.
2. Arrest Warrant
The defendant will be arrested, taken to jail, and later arraigned in District Court. An Arrest Warrant must be issued by the Campbell County District Judge's Office.
The issuance of either the summons or warrant does not guarantee an immediate court appearance, an arrest, or that once arrested a defendant will stay in jail.
Your complaint is then forwarded to the Sheriff's Department in the County where the defendant lives for service of the arrest warrant or summons.
THE COURT PROCESS
Arraignment is the first step in the court process. The charges are read, the defendant is advised of his/her rights, and a plea of guilty or not guilty is entered. You are required to appear at the arraignment and all subsequent court dates. It is your responsibility to keep track of the court dates. When and if your case is set for trial or preliminary hearing it is your responsibility to contact the County Attorney's office with a list of all witnesses that need to be subpoenaed. When you come to Court, dress neatly and bring with you any witnesses and/or evidence (such as photos, receipts, damage estimates, etc.). The prosecutor (the County Attorney or an Assistant County Attorney) will represent the Commonwealth of Kentucky and will prosecute your criminal complaint.
Identify yourself to the prosecutor as the prosecuting witness and if you have any questions, ask.
WHAT WILL THE COURT DO?
The case may be continued until another date and you should be prepared for this possibility. The defendant may be found not guilty and the case may be dismissed. The case may be referred to mediation or diversion. The case (in the case of a felony charge) may be bound over to the grand jury. The defendant may be found guilty. If found guilty, any of the following may occur: 1. Defendant may be fined, made to pay court costs, sentenced to jail, or all of these. 2. The defendant may receive a suspended sentence. The defendant would be given actual jail time, but would not serve it unless he/she committed another crime or violated Court order. 3. The defendant may be placed on probation.