What Happens After You Are Indicted by a Kentucky Grand Jury
Receiving a grand jury indictment is one of the most frightening experiences in the criminal justice system. An indictment means that a grand jury of Kentucky citizens has determined that there is probable cause to believe you committed a felony. But an indictment is not a conviction — it is the beginning of the felony court process, and there are many opportunities to fight the charges. Clark + Harris explains what to expect after a grand jury indictment in Kentucky and how we defend clients through the Circuit Court process.
Understanding the Grand Jury Indictment
Under the Kentucky Constitution and KRS 452.400, no person may be prosecuted for a felony unless they are indicted by a grand jury or waive the right to grand jury proceedings. The grand jury consists of 12 citizens who hear evidence presented by the Commonwealth Attorney and decide whether probable cause exists to charge the defendant. Grand jury proceedings are secret — neither the defendant nor their attorney is present.
The standard for an indictment is probable cause, which is a much lower standard than the beyond a reasonable doubt standard required for conviction at trial. The grand jury only hears the prosecution’s side of the story. This is why the common saying exists that a grand jury could “indict a ham sandwich” — the process is heavily tilted in the prosecution’s favor.
Arraignment in Circuit Court
After indictment, your case moves from District Court to Circuit Court, where all felony cases are tried in Kentucky. You will be scheduled for a Circuit Court arraignment, where the judge will formally read the indictment, advise you of the charges and potential penalties, ensure you have legal representation, and set conditions of release or modify your bail.
If you were previously released on bail from District Court, the Circuit Court judge may continue those conditions, modify them, or set a new bond. Having an attorney present at arraignment is critical to advocate for reasonable bail conditions.
Discovery and Investigation
Following arraignment, the discovery phase begins. Under Kentucky Rules of Criminal Procedure (RCr) 7.24, the prosecution must disclose certain evidence to the defense, including witness lists, physical evidence, statements made by the defendant, and expert reports. Clark + Harris conducts a thorough review of all discovery materials and supplements the prosecution’s investigation with our own independent investigation.
This phase is critical for identifying weaknesses in the prosecution’s case, locating favorable witnesses, obtaining expert opinions on forensic evidence, and developing defense strategies.
Pretrial Motions
Before trial, Clark + Harris files pretrial motions as appropriate, including motions to suppress evidence obtained through unconstitutional searches or seizures, motions to suppress statements obtained in violation of Miranda rights, motions to dismiss based on insufficiency of the evidence or procedural defects, motions in limine to exclude prejudicial or irrelevant evidence, and motions for discovery of additional evidence.
Successful pretrial motions can dramatically change the trajectory of a case — suppressing key evidence may force the prosecution to reduce charges or dismiss the case entirely.
Plea Negotiations
The majority of felony cases in Kentucky are resolved through plea negotiations rather than trial. Clark + Harris approaches plea negotiations from a position of thorough preparation, using our knowledge of the evidence, the law, and the potential trial outcomes to negotiate the most favorable terms possible. We never pressure clients to accept a plea — the decision is always yours, and we ensure you have all the information you need to make an informed choice.
Trial
If your case goes to trial, you have the right to a jury trial in Circuit Court. The prosecution bears the burden of proving every element of every charge beyond a reasonable doubt. Clark + Harris is prepared to take cases to trial and has the courtroom experience to present a compelling defense.
Contact Clark + Harris After a Grand Jury Indictment
If you have been indicted by a grand jury in any Kentucky county, time is of the essence. Call Clark + Harris at 859-474-0001 today for a confidential consultation. We defend felony cases in Circuit Courts throughout Kentucky from our Lexington and Louisville offices.
Clark + Harris — Guiding You Through the Kentucky Felony Process.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful: