6.02 Use of indictment and information

Serious crimes in Kentucky usually have to go through a grand jury, which issues something called an indictment. This is required by the Kentucky Constitution. However, a person accused of a crime can give up this right if they choose. If they do, they must tell the circuit court in writing that they are waiving their right to an indictment. Once that happens, the case can move forward right away using a document called an information instead of waiting for a grand jury.

For less serious offenses, the rules are more flexible. These cases can be started with an indictment, an information, a complaint, or a post-arrest complaint. If the charge is a traffic violation or a fish and wildlife offense, the case can also be started with a simple citation, like a ticket. This gives police and prosecutors an easier way to handle minor offenses without needing the more formal process used for serious crimes.