Frequently Asked Questions
The Boone County Sheriff Citizen’s Academy is a ten (10) week program designed to provide the citizens with an in-depth understanding of the science and art of Law Enforcement in Boone County. The academy will provide citizens an opportunity to learn more about the 256 square miles of Boone County and its 130,000 residents.
The academy will offer a “hands-on” opportunity to learn more about the complex and diverse service of the Boone County Sheriff’s Office.
The ten-week program will include an orientation concerning the duties of the Sheriff, as well as instruction by many Boone County Sheriff Deputies and other Criminal Justice Professionals.
The classes are held on Thursday evenings, once a week, over a (10) ten-week consecutive period. The classes begin at 6:00 pm and end at 9:00 pm.
How Do I?
How Do I File a Complaint?
An employee of the Boone County Attorney’s Office will ask you to fill out an application and affidavit on which you will provide all the information related to your request. The affidavit will be reviewed by the Boone County Attorney or an Assistant Boone County Attorney and a determination will be made as to whether a complaint will be taken and, if so, what charges it will contain.
What Happens to the Complaint?
If it is determined by the Boone County Attorney’s office that criminal charges are appropriate, a judge will review the complaint and issue one of the following:
- Criminal Summons: A criminal summons is an order that the defendant appear in the Boone District Court. This is a notice and not an order for arrest. The summons will advise the defendant to appear in the Boone District Court at a specified date and time for the arraignment (the first call of the case).
- Arrest Warrant: An arrest warrant is an order requesting any appropriate law enforcement officer to arrest the defendant. The complaint is then forwarded to the sheriff’s department in the county where the defendant lives for service of the summons or arrest warrant. The issuance of either the summons or arrest warrant does not guarantee an immediate court appearance or an arrest. Further, if a defendant is arrested, he may be released after appearing before an appropriate judge.
How Will the Case Proceed?
After the criminal summons or arrest warrant is served, an arraignment is the first step in the court process. The charges are read, and the defendant is advised of his/her rights. For misdemeanors and violations, the defendant may enter a plea of “guilty” or “not guilty”. For felonies, a “not guilty” plea will be entered.
Following arraignment, the next step for felony cases is a preliminary hearing. At a preliminary hearing, a Boone District Judge determines if there is sufficient evidence to send a case to the grand jury. If so, the case is presented to the grand jury by the Boone Commonwealth Attorney. If a felony indictment is returned, the Boone Commonwealth Attorney prosecutes the case in the Boone Circuit Court. If a misdemeanor indictment is returned, the case returns to the Boone District Court.
For misdemeanors and violations, if the defendant entered a “not guilty” plea at the arraignment, the next step is a pretrial conference. At a pretrial conference, the resolution of the case is explored. If there is no resolution, a trial is set.
Mediation and diversion are possible conclusions of misdemeanors and violations. The court may order mediation even if mediation has previously been attempted and was not successful. Diversion allows a defendant to avoid a conviction if court-ordered conditions are met. Not all defendants are eligible for diversion. The court will decide if a defendant is eligible for diversion.
If mediation or diversion are not ordered or are not successful, misdemeanor and violations will proceed through the Boone District Court. If a guilty plea is not entered or if the action is not dismissed, the case will likely proceed to a bench trial or jury trial. After trial, a defendant may be found “guilty” or “not guilty”. If found “not guilty”, the complaint is dismissed. If found “guilty”, the defendant, in addition to being required to pay court costs, can receive a sentence containing the following:
A fine; and/or jail time (if convicted of a violation, the court cannot order jail time);
If jail time is part of a sentence, the defendant can be placed on probation (conditional discharge) for up to two years. If the defendant meets all the conditions placed on him/her during that period, he/she will not serve the jail time.
Many times cases have to be continued for various reasons. Please be prepared for this possibility. The Boone County Attorney’s Office will make every effort to ensure all charges are prosecuted in a timely and appropriate manner.
What Are Your Responsibilities?
You are required to appear at all scheduled mediations, the arraignment, and all subsequent court dates. It is your responsibility to keep track of your court dates. When and if your case is set for trial or a preliminary hearing, at that time, it is your responsibility to contact the Boone County Attorney’s Office with a list of all witnesses that need to be subpoenaed.
When appearing in court, be sure to dress neatly and appropriately. At any trial or preliminary hearing, bring with you any relevant witnesses and physical evidence. The Boone County Attorney or an Assistant Boone County Attorney will prosecute the case and present evidence to the court. Make sure you identify yourself to the prosecutor prior to court starting, and if you have any questions, ask the prosecutor.
Property and Evidence
The property and evidence unit is responsible for the initial intake and preservation of evidence and other property collected by deputies of the Boone County Sheriff’s Department.
How to Claim Your Property
Boone County Snow Emergency Policy
Pursuant to the provisions of krs 67.083, krs 39.409 and county ordinance #1011, the county judge executive or their designee may declare a state of emergency, when conditions caused by a natural or man-made occurrence warrant such actions.
A snow emergency may be declared by the boone county judge-executive directly or through the boone county emergency management office after consultation between the boone county emergency management office, the boone county public works department and the boone county sheriff department. The boone county public information officer shall notify all media outlets, local government jurisdictions and school district authorities in boone county of snow emergencies
Snow emergencies shall be defined at one of the following levels:
During snow emergencies where snowfall is 2 inches or greater, it is required that vehicles parked on the street be moved from the street to allow trucks t0 safely and effectively treat and/or plow the streets.
During snow emergencies it may be necessary for the boone county public works department to assist in the clearing of non-county or state-owned roadways in order to accommodate emergency vehicles for medical response or other emergency response functions. This assistance can be discretionary based on the situation or by order of the boone county judge-executive.
Summons and Subpoena Fees
Change in fees for summons & subpoena’s – Effective 6/27/2019
Effective 6/27/2019, the Boone County Sheriff’s Office will charge $70.00 for the service of a subpoena and $70.00 for the service of a civil summons. This includes a $60 charge, as indicated in KRS 64.090 (2), as well as a fee of $10 imposed by Boone County.
KRS 64.090 (2):
Sheriffs shall charge and collect a fee of sixty dollars ($60) from any person not requesting the service of the sheriff on behalf of the Commonwealth, any of its agencies, or the Department of Kentucky State Police for the services provided in subsection (1) of this section where a percentage, commission, or reasonable fee is not otherwise allowed.
If a percentage, commission, or reasonable fee is allowed, that amount shall be paid. If payment is specified from a person other than the person who requested the service, then the person specified shall be responsible for payment.