The First Month of Your Kentucky Criminal Case: What Is Happening Behind the Scenes
The first month of a criminal case in Kentucky is a period of intense activity, even though it may not feel that way from the defendant’s perspective. While you are going about your daily life and complying with release conditions, your attorney should be working behind the scenes to build your defense. The attorneys at Clark + Harris explain what happens during this critical period for clients in Lexington, Louisville, and throughout Kentucky.
The Discovery Process
One of the most important activities during the first month is the discovery process — obtaining all of the evidence the prosecution plans to use against you. Your attorney will request police reports, witness statements, laboratory results, photographs, video footage including body camera and surveillance footage, electronic evidence, and any other materials relevant to the case. In Kentucky, the prosecution is required to provide discoverable evidence to the defense under the rules of criminal procedure and under the constitutional requirements established by Brady v. Maryland.
Reviewing discovery materials thoroughly is essential. Your attorney will analyze every piece of evidence looking for inconsistencies, weaknesses, constitutional violations, and opportunities for defense. This review often reveals that the prosecution’s case is not as strong as it initially appeared.
Independent Investigation
A thorough defense does not rely solely on the prosecution’s evidence. During the first month, your attorney should be conducting an independent investigation that may include visiting the scene of the alleged offense, interviewing witnesses identified in the police reports, identifying and interviewing additional witnesses not mentioned in the reports, obtaining surveillance footage from nearby businesses and traffic cameras, reviewing social media and electronic evidence, and consulting with experts in relevant fields such as forensics, toxicology, or accident reconstruction.
At Clark + Harris, we believe that independent investigation is one of the most important things we do for our clients. The police investigation is focused on building a case against you, but our investigation is focused on finding the truth and identifying evidence that supports your defense.
Pretrial Motions and Legal Research
During the first month, your attorney may begin preparing pretrial motions that can shape the course of your case. Common pretrial motions include motions to suppress evidence obtained through unconstitutional searches or seizures, motions to dismiss charges based on legal deficiencies, motions to compel the prosecution to produce additional discovery, and motions related to bail or release conditions. Identifying and filing appropriate pretrial motions early in the case can create leverage for plea negotiations and set the stage for a successful defense at trial.
Communication With the Prosecutor
Your attorney will also begin communicating with the assigned prosecutor during the first month. These early conversations can provide insight into the prosecution’s view of the case, the strength of their evidence, and their willingness to negotiate. In some cases, presenting evidence or arguments early in the process can result in reduced charges or even dismissal before the case progresses further.
What You Should Be Doing
During the first month, your primary responsibilities are to comply with all release conditions without exception, attend all scheduled court appearances and appointments, stay in regular communication with your attorney, avoid any behavior that could result in new charges, gather any documents or evidence your attorney has requested, and maintain your employment and normal routine as much as possible. Judges and prosecutors look favorably on defendants who demonstrate responsibility and compliance during the pretrial period.
Contact Clark + Harris for Your Defense
If your criminal case is in its early stages, Clark + Harris can help ensure that the critical first month is used effectively. Call 859-474-0001 for a free consultation.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful: