Knott County Jail Criminal Court Process

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Criminal Court Process for Knott County Kentucky

Hindman, a small town on Troublesome Creek, is the Knott County seat, and Knott's criminal cases are heard there at the Knott County Judicial Center on West Main Street. Knott and neighboring Magoffin County make up the 36th Judicial Circuit and 36th Judicial District, so the same judges cover Hindman and Salyersville. Misdemeanor, DUI and traffic cases are decided by Knott District Court, which also holds the first hearings on Knott felonies; Knott Circuit Court takes those felonies after indictment. Knott County has no jail in Hindman; Knott arrestees are driven to the Kentucky River Regional Jail in Hazard.

  • Knott Circuit Court Clerk (Knott District and Circuit court files), Knott County Judicial Center, 53 W. Main St., P.O. Box 1317, Hindman, KY 41822, (606) 785-5021
  • Knott County Judicial Center, 53 W. Main St., Hindman, KY 41822 (where Knott District and Circuit Court sit)
  • Knott County Attorney, Hindman (Knott District Court prosecutions, juvenile cases and felony preliminary hearings)
  • 36th Circuit Commonwealth's Attorney (felonies from Knott and Magoffin), 167 W. Maple St., Salyersville, KY 41465, (606) 349-6171
  • Knott County's public defenders, DPA Hazard Trial Office: (833) 514-8977, located at 470 Main St. in Hazard, 41701, and also assigned to Letcher and Perry
  • Jail for Knott County prisoners: Kentucky River Regional Jail on Justice Drive (No. 200) in Hazard, 41701; booking (606) 436-1008, administration (606) 436-0622

Which court hears your case. For a Knott County violation, misdemeanor or DUI, the only court involved is Knott District Court in Hindman. Knott felonies make their first stop in that same District Court, where arraignment and any preliminary hearing occur, and they move on to Knott Circuit Court at the Judicial Center after Knott grand jurors vote an indictment.

Where people are held before trial. Rather than operating its own lockup, Knott County lodges its prisoners at the Kentucky River Regional Jail, 200 Justice Drive in Hazard, about a half-hour drive from Hindman. Knott detainees are booked in Hazard and kept there until release money is posted, a judge releases them on conditions, or the Knott case concludes. Call booking at (606) 436-1008 to ask whether someone is being held.

Misdemeanor (for example, theft, a first DUI, assault, criminal trespass)

Knott deputies, Hindman police and state troopers may cite a person for a lesser offense, which means a Hindman court date and no trip to jail. After a custodial arrest, the Knott officer transports the person to Hazard, and regional jail staff handle photographs, fingerprints and a property log.

Getting released

Soon after a Knott booking, usually inside 24 hours, a court-employed Pretrial Services officer covering Knott questions the arrestee about home, job, family and record and completes a risk score. Knott County arrestees who score low on qualifying nonviolent misdemeanors can be let go by that officer under the statewide administrative release rules. For the remaining Knott arrestees, a 36th District judge decides, and that judge may release a Knott defendant on recognizance or unsecured bail, require a deposit on partially secured bail (normally 10%), set a full cash amount, or take real property as security. No one in Knott County sells bail bonds, since Kentucky made commercial bonding unlawful in 1976; families deposit funds with the court. Pretrial Services offers text reminders for Hindman court dates.

Arraignment and a lawyer

If the Knott defendant is still in custody, arraignment typically happens a day or two after arrest, often on a video screen connecting the Hazard jail to the Hindman courtroom. The 36th District judge reads the Knott charge, notes a plea and addresses representation. A Knott defendant who might be jailed and has no money for counsel swears out an indigency affidavit; the Hindman judge can then assign the DPA Hazard Trial Office, (833) 514-8977, whose attorneys travel to Hindman for Knott dockets.

How Knott misdemeanors end

Most are worked out with the Knott County Attorney. Diversion leading to dismissal, a lesser charge, conditional discharge and probation are the usual Hindman results, and a defendant who asks for a jury trial in Knott District Court gets a panel of six.

Penalties and time frame

  • Class A misdemeanor in Hindman: Knott District Court can order up to 12 months in the Hazard regional jail, plus a fine reaching $500.
  • Class B misdemeanor in Hindman: the Hindman court can order up to 90 days in the Hazard regional jail, plus a fine reaching $250.
  • Violation in Hindman: Knott District Court can order a fine reaching $250, but no jail.
  • First DUI in Hindman: Knott District Court must impose between 48 hours and 30 days, and no less than four days where an aggravator applies (such as a .15 reading, or a Knott child under 12 riding along); a Knott fine from $200 up to $500, with court costs; a license suspension that a Knott driver may shorten through an ignition interlock license; and, last, a Knott County alcohol and drug evaluation with any treatment the evaluator prescribes.

In Hindman, a misdemeanor case usually reaches its end within one to four months.

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Felony (for example, burglary, felony theft, drug trafficking, wanton endangerment)

When the Knott charge is a felony, Pretrial Services still conducts its interview at the regional jail, but the 36th District judge is the one who sets release in almost every case. Conditions can include monitored conditional release, with Pretrial Services overseeing reporting, drug tests or electronic monitoring of the Knott defendant.

Knott District Court stage

The Knott felony arraignment takes place in District Court in Hindman. Kentucky Criminal Rule 3.10 sets a 10-day deadline for the preliminary hearing of a Knott defendant held in Hazard and a 20-day deadline for a Knott defendant out on release, though an earlier Knott indictment makes the hearing moot. Should the 36th District judge find probable cause, the Knott County grand jury takes up the case.

Indictment and Knott Circuit Court

No Knott felony reaches trial without a grand jury indictment, except where a defendant waives it so the 36th Circuit Commonwealth's Attorney, (606) 349-6171, can file an information, which normally happens in connection with a plea. Once indicted, the defendant is arraigned in Knott Circuit Court in Hindman, and the case moves through discovery, plea negotiations and pretrial conferences. Knott Circuit Court juries are made up of 12 people, and a guilty or not-guilty verdict must be unanimous.

Public defender

DPA's Hazard Trial Office, (833) 514-8977, defends eligible Knott County felony clients from District Court arraignment through Circuit Court sentencing.

Penalties and outcomes

  • Knott County Class D felony: Hindman's Circuit Court sentences in a 1-to-5-year range.
  • Knott County Class C felony: Hindman's Circuit Court sentences in a 5-to-10-year range.
  • Knott County Class B felony: Hindman's Circuit Court sentences in a 10-to-20-year range.
  • Knott County Class A felony: Hindman's Circuit Court sentences in a 20-to-50-year range or to life.

Knott Circuit Court offers many Class D defendants pretrial felony diversion; the term can last five years, and those who complete it have their charges dismissed. Probation is common in Knott plea deals, and a Knott defendant with prior felony convictions risks a persistent felony offender charge that increases the potential sentence. Knott County felonies usually conclude in six to 18 months.

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Violent felony (for example, murder, rape, robbery)

A Knott County homicide, rape or robbery prosecution goes from Knott District Court to a Knott grand jury and then to Knott Circuit Court in Hindman. In these cases a 36th District or Circuit judge often denies release or sets an amount the family cannot raise, so the defendant may spend many months at the Kentucky River Regional Jail.

Prosecution and defense

The 36th Circuit Commonwealth's Attorney tries these cases. DPA's Hazard Trial Office represents Knott defendants who cannot afford private counsel, and when the Commonwealth announces it will seek capital punishment in a Knott murder case, DPA's capital trial attorneys typically join the defense.

Penalties

  • Murder, Knott Circuit Court: a capital offense under Kentucky law; Hindman jurors may choose death, a life term with parole never available, a life term with parole deferred 25 years, a life term, or imprisonment for 20 to 50 years. Kentucky has not executed anyone since 2008.
  • First-degree rape, Knott Circuit Court: for most Knott defendants a Class B felony bringing 10 to 20 years; it is charged as Class A, with a Hindman range of 20 years to life, when the Knott victim was not yet 12 or was seriously injured.
  • First-degree robbery, Knott Circuit Court: Class B, which means 10 to 20 years in a Hindman case.

Kentucky's violent offender statute covers these offenses, so Knott defendants convicted of them become parole-eligible only after completing 85% of the sentence. Under Marsy's Law, Kentucky's 2020 constitutional amendment for crime victims, Knott County victims are notified of hearings and may address the court. A Knott violent felony case usually lasts one to three years.

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Juveniles (under 18) arrested in Knott County

Adults only are held at the Hazard regional jail, so arrested Knott youth go elsewhere. An officer who detains a Knott juvenile calls a Court Designated Worker, the court staffer who handles juvenile intake. The CDW interviews the youngster and a parent, decides whether the child goes home, and in many first or low-level Knott cases sets up a diversion agreement so no court petition is needed.

Petitions charging a public offense are heard in Knott District Court's juvenile session in Hindman, where the Knott County Attorney is the prosecutor. Detained Knott youth are transported to the closest secure center run by the state Department of Juvenile Justice, and a Hindman judge has to review the detention within 24 hours, Saturdays, Sundays and holidays excepted. A Kentucky law passed in 2024 requires that a Knott youth charged with a violent felony remain detained until that review. DPA's Hazard office represents children as well.

Knott youth 14 or older may be transferred to Knott Circuit Court and tried as youthful offenders when prosecutors request it for a capital charge, for a felony classed A or B, or for one of the gun felonies named in the transfer statute. Records of Knott juvenile cases are confidential under Kentucky law.

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The material on this page is a general description of how criminal cases proceed in Knott County and is not legal advice. People charged in Hindman should consult a defense attorney or call the DPA Hazard Trial Office at (833) 514-8977.

Criminal Court Process for Knott County Kentucky

Knott County Kentucky Criminal Court System - Definitions

It might be helpful to define some words that will be used on this site, when explaining the Kentucky Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.

If you scroll down below this content, and the listing of the courts in Knott County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.

Arrest is when Kentucky, Knott County, or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed. 

In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Knott County court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.

Booking is when the Knott County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.

The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of Kentucky, Knott County or a city or town.  The prosecuting attorney for Knott County or the district is called the Commonwealth’s Attorney.  A U.S. Attorney prosecutes federal cases.  

Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case.  For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case.  If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime.  Jurisdiction varies from state to state and sometimes county to county.

Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.

A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. A judge or court officer in the {county extended} or municipal court sets bail. Judges in Kentucky rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses.

Judges can still exercise discretion in setting bail above or below the recommended range.  Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance.  

Bail is money paid that is held by the Knott County or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment. The State of Kentucky has banned commercial bail by a bail bond company.  These are the bonds that the Clerk of Court will process in Kentucky:

For minor offenses, the defendant, friend, or family can pay the full amount of bail.

A personal recognizance bond is a bond where the defendant or someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible for paying the court.  

Cash percentage bond.  If the bond order permits, the defendant pays 10% to the court, which then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.

A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted).  Usually, the property must be in Knott County, and it must be worth at least twice the amount of the bond.

It is always important to have family involvement after being arrested.  Not only can they make calls and communicate on your behalf but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. 

(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information.  There are no bond companies in Kentucky.)

A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest.

If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings.

Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases The State of Kentucky provides 95% of the costs for Public Defenders across the state and the remaining 5% of costs are provided by the local governments.  Assigned counsel is provided for cases requiring special counsel.

For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often hold clinics to teach people how to represent themselves in court. This website provides contact information for pro bono services in Kentucky.

Many courts will provide forms and help for people who want to represent themselves, called pro se.  Here is a link for self-help centers in Kentucky.

A district court can refer to the first level of the legal system, or a minor court. District courts are in the community.  A district court can also refer to a U.S. Federal District Court that hears federal cases. There two U.S. federal district courts in Kentucky, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late for court can land you in custody as well.

Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered.  This information does not include conversations between the arrested and their attorney.

Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings.  A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment.  The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty.  There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.  

Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial.  If a jury is selected, it is called a jury trial.  If the defendant is found not guilty, they are released.  If they are found to be guilty, the next step is sentencing.

Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.

Appeal is asking for a higher court to hear the case again at an appellate court.  If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.

Kentucky Felony vs Misdemeanor

In Kentucky, a misdemeanor is a crime that is punishable by 1 year or less with a fine of up to $500 or both. Misdemeanors are divided into three classes:

  • Class A misdemeanor is the more serious and examples include certain assaults, possession of marijuana up to 8 ounces and some criminal trespassing.
  • Class B misdemeanor examples are disorderly conduct, harassment, possession of drug paraphernalia.
  • Class C misdemeanor examples are public intoxication and trespassing.

A felony crime is a more serious crime than a misdemeanor and are divided into different classes which are general guidelines and are based on the crime, prior criminal history and other factors.  Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping and identity theft.  In Kentucky, felonies are divided into four classes. 

  • Class A felonies are the most serious and can result in prison time of 20 years to life without parole and examples of Class A include murder, rape and kidnapping.  
  • Class B felonies carry a punishment of 10 to 20 years and examples include assault, manslaughter and robbery in the first degree.  
  • Class C felonies carry a punishment of 5 to 10 years in prison and examples include forgery, burglary in the second degree, possession of a controlled substance in the second degree. 
  • Class D felonies carry a punishment of 1 to 5 years in prison and examples include theft of property valued over $10,000 and possession of a controlled substance in the first degree.

The Knott County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.

A warrant is used to get someone to appear in court or to law enforcement.  There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime. 

A criminal summons is issued to request that a person appear in court at a particular time and date.  It does not involve an arrest.  A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.

A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.

Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Knott County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest.  It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket. 

Kentucky Criminal Court System - How it Works

In Kentucky, there are various courts that handle criminal cases. The Supreme Court and Court of Appeals hear appeals from “lower” courts.  The “lower” courts are the Circuit court, Superior courts, Family courts and local city or town courts, sometimes called Municipal courts.

Municipal courts handle violations of municipal ordinances (city laws), traffic violations, parking violations and criminal misdemeanor offenses that occur within the city or town’s police jurisdiction.

District courts may overlap with Municipal courts in the types of cases that it handles in Kentucky.  District courts handle juvenile matters (juvenile is considered under the age of 18), city and county ordinances, misdemeanors, traffic offenses, arraignments for misdemeanors and some felonies and cases related to domestic violence.

Circuit courts process felony cases and hear appeals from District courts. Circuit courts serve one or more counties in Kentucky, depending on the population.

Family court is a specialized division of Circuit courts and may coordinate with District courts in cases that involve domestic violence and abuse and family support.

Court of Appeals hears cases from district, circuit and family courts.

Supreme Court is similar to our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The Kentucky State Supreme Court deals with the Kentucky state constitution or laws or policies. Sometimes the Kentucky Supreme Court will hear criminal cases on appeal when there is question on the state laws or procedures that lead to the appeal.  The criminal cases are usually referred from the district courts of appeal.

Specialty courts or problem-solving courts are being adopted in many states as a way to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances. Kentucky offers specialty courts in drug courts, mental health and veteran’s treatment courts.

The Kentucky Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The Kentucky State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal.  

The criminal cases are usually referred from the district courts of appeal.

FEDERAL COURT

Federal Court deals with crimes involving violations of United States laws.  Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.  

Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime. 

There are some differences in the Federal court system as compared to the Kentucky state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).  

Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.

There are two U.S. Federal Judicial Districts in Kentucky.

Courts

KNOTT COUNTY JUDICIAL CTR
53 W
HINDMAN KY, 41822
606-785-5021

Search for an Inmate or Active Arrest Warrant in Knott County

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