A person accused of committing sex crimes in Kentucky faces serious penalties if prosecutors are able to prove that the allegations are true. The state's criminal laws allow a judge to sentence a person to a lengthy prison sentence and to order that the person be registered with the sex offender registry.
There are, however, alternatives to the harsh prison sentences normally associated with a conviction for sexual misconduct, child sexual abuse and other sex offenses.
As a general rule, if an investigation into allegations of sex crimes uncovers evidence supporting the charges, the case is marked for aggressive prosecution. Even under these circumstances, a well-planned and executed defense strategy might be able to win a reduction of the charges at the criminal trial or convince prosecutors and the court to offer a lighter sentence.
The recent case of a 67-year-old clergyman serving a 15-year prison sentence illustrates the options judges have when sentencing someone, and the way in which sentences are carried out.
The clergyman requested release from his sentence after he had served six months in prison. His attorney asked that his client be released on what is referred to as "shock probation." Under Kentucky law, shock probation allows for a person to be released from prison after serving one to six months.
Even though the court denied the clergyman's request for shock probation, he will be eligible for supervised release from prison by 2016. If he is not granted early release, his 15-year sentence may end in 2025 because of credit for good behavior that takes time off the total sentence.
Allegations of sexual assault, rape and online solicitation can cause irreparable damage to your reputation. A criminal defense attorney might be able to help to protect your rights and look out for your best interests in the face of a criminal prosecution.
Source: The Courier-Journal, "Judge rejects shock probation for molester," Matthew Glowicki, Dec. 19, 2014