prosecution

One of the major responsibilities of the Campbell County Attorney’s Office is to prosecute all adult misdemeanors and violations that occur in the Campbell County.  These crimes include DUIs, traffic violations, assaults, and thefts.  The Campbell County Attorney’s Office prosecutes these cases to their conclusion, as well as being responsible for prosecuting all felony cases through the preliminary hearing stage. The Assistant County Attorney assigned to work on a case depends on when the case is set for arraignment. To find out which prosecutor is assigned to a particular case, call the Criminal Office at (859) 581-8015.

How to Request Criminal Charges

As the victim, to request a criminal complaint:

  • You must have the person’s full (first and last name) and exact address

  • The person’s date of birth or Social Security number or Driver’s License number

  • The person must be 18 years of age or old

  • The crime must have occurred in Campbell County, KY

  • You must have a valid government-issued ID

Once this information is gathered and a police report is created:

  • Go in person to the Criminal Division’s Office of the Campbell County Attorney’s Office located at the Campbell County Courthouse, 3rd Floor, 330 York Street, Newport, Kentucky 41071 between the hours of 9 am to 4 pm, Monday through Friday, and fill out the appropriate paperwork.

  • May take other actions such as a warning letter, mediation, etc.

  • If a criminal prosecution is pursued:

    • A criminal complaint summons will be issued, stating that the defendant must appear in Campbell County District Court for arraignment.

    • If the defendant does not appear for the arraignment:

      • A warrant may be issued.

If you are a victim of violent crime, you may also contact our Victim Advocate to learn more about the support our office can provide to you.

What is an Arraignment?

  • The Arraignment in the criminal process is first step in the court process.

  • In this step, the defendant is

    • Read the charges alleged against them;

    • Advised of their rights;

    • And enters a plea of either guilty or not guilty.

      • If the defendant pleads not guilty, the matter will continue through the litigation process, concluding with a trial.

For a more in-depth detail of the Court Process click here - Court Process Flow Chart

Sentencing

For sentencing the defendant could:

  • be fined;

  • be made to pay court costs;

  • be sentenced to jail

  • be given a Conditional Discharge which is a suspended sentence. This is where the defendant is given a jail sentence, but will not serve it unless committing another crime or violating other court orders;

  • be placed in suspended probation. The defendant serves some time in jail and be released early under the supervision of a probation officer; or

  • all of the above.

Restitution to the Crime Victim – KRS 532.032 states that restitution to the named victim shall be ordered:

  • If pretrial diversion is granted, restitution shall be a part of the diversion agreement.

  • If probation, shock probation, conditional discharge, or other alternative sentence is granted, restitution shall be a condition of the sentence.

  • If a person is sentenced to incarceration and paroled, restitution shall be made a condition of parole

  • Restitution payments ordered under this section shall be paid by the defendant to the clerk or a court-authorized program run by the county attorney or the Commonwealth’s attorney of the county.

KRS 532.033 states that “When a judge orders restitution, the judge shall”:

  • Order the restitution to be paid to a specific person or organization through the circuit clerk, who shall disburse the moneys as ordered by the court;

  • Be responsible for overseeing the collection of restitution;

  • Set the amount of restitution to be paid;

  • Set the amount and frequency of each restitution payment or require the payment to be made in a lump sum;

  • Monitor the payment of the restitution to assure that payment is being made;

  • If restitution is not being paid as ordered, hold a hearing to determine why the restitution is not being paid;

  • If the restitution is not being paid and no good reason exists therefor, institute sanctions against the defendant; and

  • Not release the defendant from probation supervision until restitution has been paid in full and all other aspects of the probation order have been successfully completed.

The County Attorney’s Office also prepares search warrants for local police agencies and takes private complaints from citizens when a criminal act or violation is committed in Campbell County.  To file a criminal complaint, you must go in person to the Criminal Division’s Office of the Campbell County Attorney’s Office located at the Campbell County Courthouse, 3rd Floor, 330 York Street, Newport, Kentucky 41071 between the hours of 9 AM to 4 PM, Monday thru Friday, and fill out the appropriate paperwork.  You will need to bring a copy of your driver’s license, a police report, and pertinent information about the person against whom you wish to file a criminal action against, including name, address, date of birth, social security number, and/or driver’s license number, if known.

In addition, if you are a victim of violent crime, you may also contact our Victim Advocate to learn more about the support our office can provide to you.

In addition, our office prosecutes all juvenile offenses, juvenile dependency, neglect, abuse, and emergency-custody orders.  Lastly, our office is responsible for cases involving the extradition of criminals to and from other jurisdictions.