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RCr 8.32 Transfer from the circuit or district for plea and sentence

Baldwin's Kentucky Revised Statutes AnnotatedRules of Criminal Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VIII Arraignment, Pleadings, and Motions (Refs & Annos)
Kentucky Rules of Criminal Procedure (RCr) Rule 8.32
RCr 8.32 Transfer from the circuit or district for plea and sentence
(1) A defendant arrested, held, or present in a county of a circuit or district other than that in which an indictment or information is pending against that defendant may state in writing that he or she wishes to plead guilty, to waive trial in the county of the circuit or district in which the indictment or information is pending, and to consent to disposition of the case in the county of the circuit or district in which the defendant was arrested, held, or present, subject to the approval of the Commonwealth's attorney for each county when the matter is in circuit court or the county attorney for each county when the matter is in district court. Upon receipt of the defendant's statement and of the written approval of the Commonwealth's attorney or county attorney for each county, the clerk of the court in which the indictment or information is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in the circuit or district in which the defendant is arrested, held, or present, and the prosecution shall continue in that county of the circuit or district.
(2) A defendant arrested, held, or present in a county of a circuit or district other than the county of the circuit or district in which a complaint is pending against that defendant may state in writing that he or she wishes to plead guilty, to waive trial in the county of the circuit or district in which the warrant or summons was issued, and to consent to disposition of the case in the county of the circuit or district in which the defendant was arrested, held, or present subject to the approval of the Commonwealth's attorney for each county when the matter is in circuit court or the county attorney for each county when the matter is in district court. Upon receipt of the defendant's statement and of the written approval of the Commonwealth's attorney or county attorney for each county and upon filing of an information or the return of an indictment, the clerk of the court for the county of the circuit or district in which the warrant or summons was issued shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county of the circuit or district in which the defendant was arrested, held, or present, and the prosecution shall continue in that county of the circuit or district.
(3) If after the proceeding has been transferred pursuant to paragraphs (1) or (2) of this Rule the defendant pleads not guilty, the clerk shall return the papers to the court in which the prosecution was commenced and the proceeding shall be restored to the docket of that court. The defendant's statement that he or she wishes to plead not guilty shall not be used against the defendant.

Credits

HISTORY: Amended by Order 98-3, eff. 3-1-99; adopted by Order 84-2, eff. 1-1-85
Rules Crim. Proc., Rule 8.32, KY ST RCRP Rule 8.32
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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