Prosecution

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The most visible duty of the Boone County Attorney’s Office is prosecuting criminal and violation cases in the Boone District Court. Criminal cases are either felonies or misdemeanors. A criminal case that can result in a jail term of more than one year with a conviction, is a felony. A case that can result in a jail term of one year or less with a conviction, is a misdemeanor. A case that can result in only a fine with a conviction, is a violation. The Boone County Attorney’s Office prosecutes misdemeanor and violation cases through their conclusion and felony cases through the preliminary hearing stage.

A case is concluded by a guilty plea, a dismissal of charges (this includes successful mediation or diversion), or a finding of “guilty” or “not guilty” by a bench trial (trial before a judge) or a jury trial. A preliminary hearing allows a district judge to determine whether there is sufficient evidence to bind over (send) a felony criminal case to the grand jury. If so, the case is handled by the Boone Commonwealth Attorney who prosecutes the case in the Boone Circuit Court.

If a citizen wishes to file a private complaint (“press charges”) because of a criminal act or violation that was committed by an adult in Boone County, he/she must complete an application and affidavit through the Boone County Attorney’s Office. Applications and affidavits can be completed at the Boone County Attorney’s Office Tuesday through Friday from 1:00 p.m. to 4:00 p.m. If the complaint is against a juvenile, applications and affidavits must be completed at the Court Designated Worker’s Office in the Boone County Justice Center in Burlington, Kentucky.