Judge Heather Fryman

When seeking pretrial diversion, counsel must state and the defendant must agree on the record to waive speedy-trial and charge-disposition rights if diversion is granted.

Applies to

Written recommendation

The Commonwealth must submit a written recommendation to the Court for each application.

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations stating the diversion conditions and the appropriate sentence if the agreement is unsuccessful.

An eligible person may apply for pretrial diversion after indictment, but no later than 30 days before trial.

The court must review a protective-order petition immediately after it is filed.

Petitions should be reviewed within an hour after presentation to a judge or trial commissioner, unless neither is available.

The Court may void participation in pretrial diversion for noncompliance or unsatisfactory progress only after a hearing with notice to the Commonwealth and the defendant.

The moving party must give the opposing party reasonable notice, or the matter will not be heard.

For a contested hearing, parties must identify intended expert witnesses and provide a list of other potential witnesses ten days before the hearing.

Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1.

A party may use an available AOC form, but forms are optional and matters may be presented in any manner that complies with the FORPP.

For tendered orders, the judge's signature line should appear on a page with some order text, and preparers should leave space on the preceding page when needed to avoid isolating the signature line.