A plain-language guide for people facing criminal charges for the first time — and for the families who support them.
The information on this page is provided as general guidance for educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Every case is different, and the right course of action depends on the specific facts and circumstances of your situation. If you have been charged with a crime, please consult with a qualified attorney before making any decisions. The Damon Law Office is happy to provide a free, confidential consultation — call 502-783-6626 any time, seven days a week.
No. Being charged means the government believes you may have committed a crime. A charge is not a conviction — it is the beginning of a legal process, not the end of one. You are presumed innocent, and the prosecution must prove its case beyond a reasonable doubt unless you later negotiate an agreement with them. Nothing has been decided yet.
No. This is one of the most important things to understand: you have the right to remain silent, and you should use it. Anything you say to law enforcement — even something that seems harmless or helpful — can be used against you in court. You are not required to answer questions beyond identifying yourself. Politely tell the officer you would like to speak with an attorney before answering any questions, and then say nothing more until you do. If you have an explanation or information that could help your case, your attorney will work with you to figure out how best to present it to an officer or a prosecutor.
After an arrest you will typically be booked — photographed, fingerprinted, and processed. While a "right to a phone call" does not exist as a guaranteed legal right, you will likely be given an opportunity to make a call after you are booked at the jail. If you only get one call, call your spouse or a family member who can help you — and who is probably worried about you. Ask them to contact a qualified defense attorney if you plan to hire one.
If you remain in custody, a pretrial release officer will interview you within a few hours. They will not ask about your case, and you should not discuss it. Their focus is background information — where you live, whether you have a job, whether you need a public defender, and how much money you might be able to post for bail. Be completely honest with the pretrial officer. They will be the first person to speak to the judge about your possible release, and their report matters.
If you are still in jail when court is next in session — usually the next business day — you will appear before a judge sometime during the day, likely by video. At that hearing the judge will notify you of the charges, consider appointing a public defender if you have requested one, and consider reducing your bail.
If you or your family have contacted an attorney, he or she can appear at this hearing and argue on your behalf. This is one of the most important reasons to contact a lawyer as soon as possible after an arrest. If you have been appointed a public defender, someone from that office will likely be present to argue for your release as well.
You will probably not be asked how you plead at this first hearing — but if you are, plead "Not Guilty." If you have an attorney, they will likely enter that plea for you.
The entire hearing will probably last less than a couple of minutes. At the end the court will schedule your next court date.
Bail — sometimes called bond, which means the same thing — is the method by which someone who has been arrested may be released while their case proceeds through the court system. It often involves paying a set amount of money, but it can also include conditions such as appearing for all court dates and obeying the law.
A judge sets bail based on factors like the severity of the charge, your ties to the community, and your prior record. If you cannot afford the bail set by the judge, you may remain in custody until your case is resolved — which is another reason early legal representation matters. An attorney can argue for lower bail or for your release on conditions without any payment of money, often called "ROR" or release on your own recognizance.
If you remain in custody, do not discuss your case with anyone. Other people in the jail may repeat anything you say in order to help their own case. Additionally, every phone call made from a jail or prison is recorded — and law enforcement officers and prosecutors regularly listen to those recordings. Do not say anything over the phone about your case or your conversations with your lawyer.
If you are released on bail with conditions, you must follow them without exception. Any violation could result in your arrest and return to custody — and you will likely forfeit any money that has been posted as bail.
Felonies are the more serious offenses and can result in prison sentences of more than one year, significant fines, and lasting consequences for your employment, housing, and civil rights. Some felonies carry minimum sentences of five years or more, and the most serious felonies carry the possibility of a life sentence.
Misdemeanors are less serious offenses, but they still carry a possible jail sentence of up to one year plus fines. Misdemeanors can also affect your driver's license and harm your ability to find employment or pursue education.
Both are serious. Both deserve experienced legal representation. Do not make the mistake of thinking any charge is too minor to warrant a lawyer.
For some minor traffic violations, prepaying a fine without going to court is an option — but for criminal charges, paying a fine or pleading guilty without fully understanding the consequences can affect you for years. A conviction — even for a misdemeanor — creates a criminal record that can affect your employment, housing, professional licenses, and more. Before making any decisions about how to respond to a charge, speak with an attorney who can explain exactly what you are agreeing to.
In some circumstances, with the court's permission, an attorney may be able to appear on your behalf — saving you from having to be present. If avoiding a court appearance is important to you, make sure to discuss it with your attorney at your first meeting.
You should never miss a court date unless your attorney has specifically told you it is not required. Failing to appear can result in a warrant for your arrest and additional charges — making a difficult situation significantly worse.
If you are charged with any misdemeanor or felony in Kentucky and cannot afford an attorney, the court can appoint one for you. Kentucky's public defender system — the Department of Public Advocacy, or DPA — employs skilled, dedicated attorneys who work hard for their clients. If you are appointed a public defender, your case will be in good hands.
The reality, however, is that public defenders often carry very heavy caseloads, which limits the amount of time they can dedicate to any one case. If you are able to hire private counsel, you gain the benefit of an attorney with more time for your case — one you chose yourself, who will be present at every court appearance and available when you have questions.
The Damon Law Office offers a free initial consultation so you can understand your options and what representation would cost before making any decisions.
The most important step you can take is to contact an experienced criminal defense attorney as soon as possible. Do not discuss your case with anyone — including family and friends — even if you think it might help. Do not post anything about your situation on social media. When you have a private moment, write down everything you remember about the events surrounding the accusations against you and your arrest while the details are fresh.
Then call the Damon Law Office at 502-783-6626, any time, seven days a week. Your first conversation is free and confidential.
Any other questions? Call us, email us at Damon@NotGuiltyKY.com, or send us a message on the Contact page and we’ll get right back with you.
