Bell County Attorney's Office

How do I file a Criminal Complaint in Bell County?

To file a criminal complaint you must go in person to:

3rd Floor, Bell County Courthouse

Pineville Ky, 40977

What do I need to file a Criminal Complaint?

• A valid picture I.D.;
• Full name and complete address of the person you wish to file the complaint against (defendant);
• A Date of Birth and Social Security Number of the defendant are helpful;
• Any police reports, estimates, photos etc. related to the complaint

What happens to the complaint?

If the prosecutor determines that there is sufficient evidence your complaint will be forwarded to the district judge’s office where a judge will review the complaint and issue one of the following:

1. Criminal Summons

A summons is an order that the defendant appear in district court. This is a notice and not an arrest. The summons will advise the defendant to appear in court for the arraignment.

2. Arrest Warrant

The defendant will be arrested, taken to jail and later arraigned in district court. An arrest warrant must be issued by the Bell County District Judge’s Office.

The issuance of either a summons or an arrest warrant does not guarantee any of the following: an immediate court appearance; an arrest; the defendant will stay in jail after his/her arrest.

The criminal complaint is then forwarded to the sheriff’s department in the county where the defendant lives for service of the arrest warrant or summons.

How does the court process work?

Arraignment is the first step in the court process. The charges are read, the defendant is advised of his/her rights, and a plea of guilty or not guilty is entered. When and if your case is set for pretrial or trial, it is your responsibility to contact the county attorney’s office with a list of all witnesses that need to be subpoenaed. When you come to court, dress neatly and bring with you any witnesses and/or evidence (such as photos, receipts, damages estimates, etc). The prosecutor will represent the Commonwealth of Kentucky and will prosecute your criminal complaint. Identify yourself to the prosecutor as the prosecuting witness. Don’t be afraid to ask questions.

What will the court do?

• The case may be continued until another date. You should be prepared for this possibility.
• The defendant may be found not guilty and the case may be dismissed.
• The case may be referred to diversion.
• The case (in the case of a felony charge) may be bound over to the grand jury.
• The defendant may be found guilty.

If found guilty any of the following may occur:

• Defendant may be fined, made to pay court costs, sentenced to jail or all of these.
• The
  defendant may receive a suspended sentence. The defendant would be
  given actual jail time, but would not serve it unless he/she violated a
  court order or committed another crime.
• The defendant may be placed on probation.