Section 2.04 of the Kentucky Criminal Procedure deals with the issue of legal instruments like arrest warrants and summons. Paragraph 1 of this code states that when a complaint is filed against a criminal act in court, upon deliberation over the affidavit, if it is found that there is enough reason to suspect the involvement of a person in a criminal act, the sitting magistrate who examines the complaint can issue an arrest warrant.
Warrants for arrests can be issued by any judicial officer who has the authority of the magistrate or judge including the clerk of court when he/she has been ordered to issue a warrant by the justice of a tribunal. The only time when a summons is issued in response to a complaint is when there is reasonable cause to believe that the defendant will appear in court upon receipt of the summons or if a corporation is being held responsible for a criminal incident.
The magistrate will issue an active warrant instead of a capias if he has reasonable grounds to assume that the defendant will fail to honor the judicial order for appearance. In this scenario, the affidavit can be admitted in court as a petition for warrant and a directive for arrest can be issued in response to it. More than one warrant or judicial provisions can be issued on the same complaint.
The petition filed for a warrant is always a written complaint that states the essential facts of the case including evidence and testimonies. The document is prepared under oath and it serves the all important purpose of helping the judiciary come to a conclusion on the availability of probable cause. This is a requisite that has to be fulfilled if a criminal warrant is to be issued.
The warrant released by the court is also a written order and it issued in the name of the Commonwealth. The warrant will bear the signature of the judicial officer who sanctioned its release along with the date on which the order was issued and the county in which it was released.
A bench warrant which is defined in RCr 2.05 is also a detention order from the court. However, unlike an arrest warrant released in case of felony, this directive can be issued by the court of its own volition. In other words, a supporting affidavit is not required when it comes to bench warrants.
Usually used as a means to make sure that a litigant appears in court bench warrants are often used by civil tribunals and also when the defendant has skipped bail. While a regular warrant search in KS may not always get you information on bench orders for arrests, you will certainly be able to find details on these orders in the court records. To find this information in the court dockets database, you will need to get in touch with the local county clerk's office.
Search warrants are also frequently issued in criminal cases to ensure that the police get a free hand when collecting evidence against the suspect. Like outstanding warrants, search orders are also released upon the availability of probable cause.
Kentucky criminal records can be found through the State Administrative Office of the Courts. The agency offers a name based search which is open to all including civilians who may be desirous of conducting a warrant search. However, a civilian applicant will only be able to get a standard check done.
Background inquiries are conducted at four levels starting at 1 which offers the most basic information on the criminal involvement of a person and going up to level 4 which provides details on every criminal transgressions that the subject was ever accused of, including traffic and civic violations.A level 4 inquiry can only be conducted with the consent of the subject.
Apart from this, local justice agencies also provide checks for vulnerable sections; this includes criminal information on offenders who are minors. At the time of writing this article, the Courtnet database contained almost 4 million records. Information can be sought from the courts office by mailing in your request, submitting it in person or sending it through their online portal.
Online check: To get a warrant search done online, you will need to visit http://courts.ky.gov/aoc/criminalrecordreports/Pages/default.aspx
In person and mailed inquiries: To send your warrant search request by mail, download the crime records form at the website and send it to the address mentioned below. If you would rather submit your request form in person, you can use the drive-in service of the Administrative Office of the Courts at Records Unit, 100 Millcreek Park, Frankfort, KY 40601. Alternatively, you could also check out the most wanted list displayed on the websites of some of the police departments in the state.