How to File a Criminal Complaint
Misdemeanors matter! However, they often rise out of conflict unobserved by police and require the victim to initiate the process to hold individuals accountable for any criminal behavior that was committed.
The Fayette County Attorney’s Office is NOT an investigative agency, meaning we do not have the authority to investigate potential crimes. To file a criminal complaint against an individual, you must submit an affidavit swearing to the allegations, and sufficient supporting evidence to our office for review before we can determine if your allegations are supported by probable cause.
Where do I go to file a complaint against juvenile?
Administrative Office of the Courts
Court Designated Worker
155 East Main Street
Where do I go to file a complaint against an adult (18 years old or order)?
Fayette County Attorney’s Office
201 E. Main Street, 6th floor
Lexington, KY 40507
What do I need to file a complaint?
A police report is MANDATORY for filing a complaint in our office. You must provide the report to our office. To ensure the report will be ready by your appointment date, please schedule your appointment at least 5 days AFTER you report the matter to the police.
At your appointment, you will have to complete an affidavit attesting to the crime you are alleging. Please be prepared with all the relevant information needed, such as: full name of the accused, the individual’s current address, date of birth, details of the event, full names and contact information of witnesses, etc.
The affidavit will be reviewed by the office to determine whether charges will be filed, based on the existence of probable cause. If charges are filed, the case is sent to a Fayette District Court Judge to determine whether a criminal summons or warrant is to be issued.
“Criminal summons” is an order for the defendant to appear in district court for an arraignment. An individual is not arrested based on a criminal summons.
“Warrant” is an order for the individual to be arrested and detained in jail.
The complaint, along with the criminal summons or warrant, is forwarded to the Fayette County Sheriff’s Office to be served upon the defendant.