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How long after you are served an indictment in KY do they have to schedule a court date?

Somerset, KY |
Filed under: Criminal defense

My son while incarserated in one county was just served an indictment from an offence that happend back in August of last year but there was not a court date on it. How long do they have to bring him back to this county for court?

Attorney Answers 2


Depending on the other charges pending, it might be a while. The best approach is to be served the warrant so that any time he spending counts towards his case. However, there are some speedy trial issues. The delay before he can get to the court to fight the charges should not affect his case. If they do, that's what his attorney should be fighting against. So, depending on the nature of the charges, witnesses, and other evidence, he should have an attorney to fight for his speedy trial right, not to mention the charges themselves.

This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship.

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Assuming your son is still in jail in another county when he was indicted for a felony in another county, you need to hire a competent criminal defense attorney ASAP.

That attorney will review the case/judgment/sentence where he is serving time and the out of county indictment. If your son is serving a sentence in the non-indicted county, they may be waiting for him to finish that sentence before transporting him to answer the indicted charge. This needs to be examined by counsel. There may be an unserved Grand Jury arrest warrant that has been lodged with the county jail where he is in custody. I really need more specifics to answer your precise question. He can file a written demand to be returned to the indicted county to answer the charges there, copy to the judge, prosecutor and clerk of court (retaining a copy for himself). This will set up his motion to dismiss when he is finally returned to the indicted county. Check with local counsel there.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Frank Mascagni III

Frank Mascagni III


Review KRS 500.110 stating that the state has 180 days after notice to transport the defendant and bring him to trial AFTER a detainer has been lodged. See copy of statute below:

Frank Mascagni III

Frank Mascagni III


§ 500.110. Trial of prisoner on untried indictment within 180 days after prisoner's request for final disposition. Kentucky Statutes Title 50. KENTUCKY PENAL CODE Chapter 500. GENERAL PROVISIONS Current through Chapter 106, Regular Session 2011 § 500.110. Trial of prisoner on untried indictment within 180 days after prisoner's request for final disposition Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of this state, and whenever during the continuance of the term of imprisonment there is pending in any jurisdiction of this state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred and eighty (180) days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint; provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. History. Effective: June 17, 1978 Created 1978 Ky. Acts ch. 78, §7 , effective June 17, 1978

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