Brendon Miller

County Attorney Policies
Warrant Policy

Delinquent Taxes

OFFICE OF THE BREATHITT COUNTY ATTORNEY
BRENDON D. MILLER
CRIMINAL COMPLAINT POLICY
EFFECTIVE JANUARY 6, 2003
(606) 666-3808 (courthouse)
(606) 666-4400 (private office)
(606) 666-5927 (child support)

IT IS THE POLICY OF THIS OFFICE TO REPRESENT THE LAW-ABIDING CITIZENS OF BREATHITT COUNTY WHILE TREATING THOSE CHARGED WITH CRIMINAL BEHAVIOR WITH FAIRNESS AND RESPECT THROUGHOUT THE CRIMINAL PROCESS.

The Office Hours of the Breathitt County Attorney’s Office are as follows:

Monday, Tuesday, Thursday, and Friday: 8:00 a.m. to 4:00 p.m.
Wednesday: 8:00 a.m. to 12:00 noon
      Saturday: 9:00 a.m. to 12:00 noon

The Saturday Office hours will either be in the Courthouse or the Law Office of Brendon D. Miller/Division of Child Support, 1128 Main Street, above First National Bank.

Complaints during Office Hours

Upon a citizen presenting to the County Attorney’s Office to initiate a criminal complaint, same will be referred to a Law Enforcement Agency to register the complaint. If the matter happened within the city limits, then the referral will be to the Jackson Police Department or the Kentucky State Police. If the matter is outside the city limits, then to the Breathitt County Sheriff or Kentucky State Police.

Complaints after Office Hours

THERE WILL NOT BE ANY CRIMINAL COMPLAINTS TAKEN OR ISSUED OUTSIDE OF THE ABOVE OFFICE HOURS UNLESS SAME ARE INITIATED BY A LAW ENFORCEMENT AGENCY. If the matter is serious enough to necessitate the immediate issuance of a complaint resulting in the arrest of another person, then a law enforcement agency should be involved from the beginning.
Postings at the County Attorney Office and on the answering machine on the phone line, will direct all persons to contact dispatch (666-2424) or 911 after hours to report a crime.

Law Enforcement Activity

IT IS THE DUTY OF LAW ENFORCEMENT AGENCIES TO TAKE CRIMINAL COMPLAINTS AND INVESTIGATE SAME. IF THERE IS AN ACTUAL CRIME, THE LAW ENFORCEMENT AGENCY SHOULD GATHER THE EVIDENCE THAT IS NEEDED TO SUBSTANTIATE THE CHARGE.

Upon receiving the complaint, the supplied Criminal Incident Report should be filled out by the officer who takes the complaint to register all the pertinent information. Please take care to accurately question the complaining party and document all pertinent evidence and possible witnesses. After sufficient inquiry, a determination should be made if the matter should be proceeded upon by that agency and a case opened. If a crime is substantiated, the agency should then seek a criminal complaint itself or direct the claimant back to the County Attorney’s Office to initiate a complaint. In theft cases, I would it is preferred that the Officer get the complaint based upon the entire case report. If the citizen is sent for the complaint, then the officer who filled out the report will be listed as a witness for purposes of prosecution.

NOTE: The better the investigation and documentation of the matter, the less likely the officer will be subpoenaed to any court proceeding other than when actual testimony is needed.

The officer should also have the complaining party fill out in their own writing the supplied Affidavit of Events. Upon completion, the complaining party should be sworn and the Affidavit of Events signed before a notary. This document should be supplied, along with the Criminal Incident Report to the County Attorney Office. This document will be used in the event that the complaining party retracts their story to pursue a charge of Filing a False Report, or Perjury against the party.

Policy Regarding Warrants/Summons

It shall be the policy of this Office to issue a summons vs. a warrant in non-violent and non-theft matters. Most misdemeanor offenses can be handled by summons unless there is a threat of immediate danger to a person or the general public.

Cold Checks

All cold checks should be handled through the cold check collection program.

Reasons Behind Policy

This policy is being implemented to bring Breathitt County in line with most other venues regarding criminal complaints. There have been too many instances where parties use arrest warrants simply to prove a point, for revenge, or to put pressure on someone who had a complaint against them to compromise. Citizen complaints should not be brought directly to the County Attorney. Law Enforcement Agencies are much better equipped to handle complaint receipt, investigation, and disposition, and in fact, are trained for this purpose. The end result to this policy is that the public will eventually understand that only verifiable claims will result in criminal charges, and those charges will have more validity and be imminently more prosecutable due to the participation of a law enforcement agency from the beginning.

Emergency Protection Orders

EPO’s are very serious issues. EPO’s will be issued by the Office during the above hours. Outside office hours, EPO’s have been delivered to the JPD for issuance. EPO’s do not require issuance by the County Attorney or a designee. EPO’s may only be issued in certain situations based upon the relationship of the parties. All EPO’s should be filled out by the claimant in their own handwriting (per Judge Profitt’s wishes) and the claimant sworn and signature notarized.

IT TAKES COOPERATION OF LAW ENFORCEMENT AND THE PROSECUTOR’S OFFICE TO MAKE CONVICTIONS POSSIBLE. WORKING TOGETHER, WE CAN MAKE THE FUTURE OF BREATHITT COUNTY BRIGHTER.

CONTACT NUMBERS:

BRENDON D. MILLER
County Attorney Office (606) 666-3808
Private Office   (606) 666-4400
Child Support Office (606) 666-5927

STANLEY T. TURNER
Private Office   (606) 666-4321