Our Services
Criminal Prosecution
If you are charged with a crime and have a question about your court date, please contact the Todd Circuit Clerk’s Office at 270.265.5631. You may also access www.kycourts.net to review specific court schedules.
If you are a victim of a crime and the perpetrator has already been charged with a criminal offense, please see Victim Advocacy for guidance.
The Todd County Attorney’s Office does not represent criminal defendants. If you are charged with a crime punishable by jail time and cannot afford to hire an attorney, you may be entitled to court-appointed counsel. The phone number for the Department of Public Advocacy is 833.254.2464.
Mental Health Petitions
In 1982, Kentucky passed the Kentucky Mental Health Hospitalization Act to address the sensitive issue of involuntary hospitalization. Involuntary hospitalization refers to the admittance of an individual to a hospital or psychiatric care facility against his or her will.
An individual suffering from mental illness can be involuntarily hospitalized if (a) he or she presents a danger of threat to self, family or others resulting from mental illness (b) he or she can reasonably benefit from treatment AND (c) hospitalization is the least restrictive means of treatment presently available.
TEMPORARY COMMITMENT
Initiated when a qualified medical professional, police officer, County or Commonwealth Attorney, spouse, relative, friend, guardian or other interested person files a petition (link) for involuntary hospitalization of a mentally ill individual.
An individual subject to temporary commitment is entitled to a hearing.
The court will determine if probable cause exists to order involuntary hospitalization.
IMMEDIATE DETENTION
The officer may immediately transport an individual believed to be mentally ill that presents a threat to self, family, or others to a hospital or psychiatric facility.
Individuals must be evaluated within 18 hours of detention to determine whether involuntary hospitalization is necessary.
EMERGENCY ADMISSION
Initiated by an authorized staff physician or health care provider.
Involves admitting a mentally ill individual, already present in a hospital, into a psychiatric care facility.
The individual must not be held for longer than 72 hours.
Involuntary hospitalization process:
A petition for involuntary hospitalization must be filed by a family member or other concerned individual in the District Court of the county where the person to be hospitalized lives or is present at the time of filing.
The District Court of the county must set a preliminary hearing date within six (6) days of holding or examination.
Notice of the involuntary hospitalization hearing must be given to the mentally ill individual and, if applicable, to the individual’s guardian, spouse, parents, nearest relative or friend, if known.
The District Court will examine the person filing the petition [“petitioner”] under oath about why he or she believes it is necessary to involuntarily hospitalize the mentally ill individual.
If the Court finds probable cause to involuntarily hospitalize the mentally ill individual, the court will order the person to a facility and set a final hearing within twenty-one (21) days from the examination in the county where the individual is hospitalized.
After the final hearing, the court can involuntarily hospitalize the individual for a period of sixty (60) to three hundred sixty (360) consecutive days from date of the court order, depending on what was requested in the petition.
If the court finds that no probable cause exists to involuntarily hospitalize, the proceedings must be dismissed and the individual will be released.
Casey’s Law
Casey’s law is the common name given to the involuntary treatment of persons suffering from alcohol and drug abuse in Kentucky. Casey’s Law provides a means of intervention with someone who is unable to recognize his or her need for treatment due to their addiction. Casey’s Law allows parents, relatives, and/or friends (called a “petitioner”) to petition (link) the court for treatment on behalf of the person who is abusing alcohol and/or drugs (called a “respondent”).
TREATMENT OPTIONS
The treatment options available under the law can vary depending on the circumstances of each individual case. The petitioner must sign a guarantee of payment, as they are obligated to pay all costs incurred in the process as well as the cost of treatment. Costs incurred can be extensive, something that the petitioner should be aware of before signing the guarantee of payment.
Under Casey’s Law, a person suffering from drug or alcohol abuse, known as the respondent, if the court finds:
The respondent suffers from alcohol or drug abuse:
The respondent presents an imminent threat of danger to their self, family or others as a result of alcohol or drug abuse, or there exists a substantial likelihood of such a threat of danger in the near future; and
The respondent will reasonably benefit from the treatment.
HOW TO SEEK INVOLUNTARY TREATMENT
A spouse, relative, friend, or guardian may file a petition with the County Attorney. Complete Verified Petition – AOC 700A for 60/360 Day Involuntary Treatment (Substance Use Disorder). This petition can be used for a 72-hour hold, 60-day treatment, or 360-day treatment. You will need the following information:
Petitioner’s relationship to the respondent
Respondent’s name, residence, and current location, if known
Name and residence of respondent’s parents, if living and if known, or respondent’s legal guardian, if any and if known
Name and residence of respondent’s spouse, if any, and if known
Name and residence of the person having custody of the respondent, if any, or if no person is known, the name and residence of a near relative or that the person is unknown; and
Petitioner’s belief, including the factual basis therefor, that the respondent is suffering from an alcohol or other drug disorder and presents a danger or threat of danger to self, family, or others if not treated for substance use disorder.
File the petition with the Todd Circuit Clerk’s Office at the Todd County Justice Center, First Floor.
While filing the petition, the petitioner must provide the Clerk with the names of a physician and one qualified mental health professional to evaluate the respondent. A qualified health professional can include a mental health professional, alcohol and drug counselor, or physician. The petitioner must make the appointments. The County Attorney’s Office cannot do this for you.
The Court will give a copy of the petition to the petitioner and will mail a copy to the respondent. The sheriff will also serve the respondent with the petition as well.
After the Court reviews the allegations in the petition, the Court will examine the petitioner under oath to determine whether there is probable cause to believe the respondent presents a danger to self or others as a result of alcohol or drug abuse. If probable cause is established, the Court will order the respondent to be evaluated by the named qualified health professionals and set the matter for a hearing within fourteen (14) days.
The respondent must be examined by the health professionals at least 24 hours prior to the hearing date. Each will either file a report with the district court clerk or give a report to the petitioner to file with the district court clerk at least 24 hours prior to the hearing date.
The Court will hold a hearing after evaluations to determine if the respondent should undergo treatment. The Court may order treatment from sixty (60) days or up to three hundred sixty (360) days, depending upon the request in the petition, the result of the hearing, and the opinions of the treating professionals.
The petitioner is responsible for obtaining treatment services and transporting the respondent to the treatment facility.
Delinquent Property Tax Collection
Duties of the County Attorney include assisting the Property Valuation Administration in Tax Assessment Appeals, working with the Sheriff and County Clerk on all tax matters, and overseeing the collection, sale, and foreclosure of delinquent tax certificates. The efforts are all part of meeting the Kentucky Constitutional Duty to impose a tax for the support of our schools, communities, fire districts, and governmental partners.
TAX COLLECTION PROCESS
Every year, a tax bill based on the assessed value is issued for each parcel of real estate in Todd County. These tax bills are generally issued in October each year with a due date of December 31st.
The tax bill is payable through the Sheriff’s Office from November 1st to April 15th. You can look up the current year’s real estate tax bill through the Todd County Sheriff’s Office. To review the real estate assessed value, please visit the Todd County Property Value Administrator.
If the tax bill is not paid by April 15th, it is turned over to the County Clerk and becomes a Certificate of Delinquency which is recorded as a lien on the real estate pursuant to KRS 134.122. The tax bill is also a personal obligation of whomever owned the property on the January 1st assessment date of a given year.
This certificate includes additional penalties, fees and interest at a rate of twelve percent (12%) per annum pursuant to KRS 134.125. This amount due will increase each month with the accrual of additional interest.
If your Certificate of Delinquency remains unpaid for 6 months, pursuant to KRS 134.452, “third-party purchasers” can then purchase your Certificate of Delinquency by paying the amount due.
The first offering of a Certificate of Delinquency for sale each year is typically done at what is known as a Tax Bill Sale which is usually held in October each year.
Certificates of Delinquency that are eligible to be purchased may be subject to being purchased by a third party at any time. If purchased, the Certificate of Delinquency lien is assigned to the third-party purchaser and the third-party purchaser may impose substantial additional administrative costs and fees. Before a Certificate of Delinquency is sold, the County Attorney’s Office will attempt to notify the property owner by regular mail.
FOR ANY CERTIFICATE OF DELINQUENCY THAT HAS NOT BEEN PURCHASED, Payment of the full amount due plus any accrued interest may be made to the County Clerk. If the Certificate of Delinquency has been purchased by a third-party purchaser, you must contact the purchaser for details on how to pay.
A Certificate of Delinquency cannot be sold to a “third-party purchaser” if the taxpayer has entered into a payment agreement with the County Attorney’s Office or if the subject property is involved in current litigation (foreclosure or bankruptcy generally) in which the County Attorney is a party.
If you are interested in purchasing a tax bill as a third-party purchaser, please contact the Todd County Clerk.
PAYMENT PLAN
If you are unable to pay a Certificate of Delinquency (overdue tax bill) in full, you may qualify for a payment plan with the Todd County Attorney’s Office. If the Certificate of Delinquency has been sold to a third-party purchaser, you will not be eligible, but you may want to contact the third-party purchaser who may be willing to enter a payment plan.
Payment plans generally run from 4 to 8 months depending on the amount of the tax bill and property owner’s income.
To sign up for a payment plan, please contact us by phone at 270.265.5651 or in person at the County Attorney’s Office at:
81 Public Square, Elkton, KY 42220
Traffic Safety Program
The Traffic Safety Program is an optional diversion program for traffic citations. TSP participants have the opportunity for the court to dismiss their traffic citations without the citation showing up on their driving record or having points deducted to their driver’s license.
To complete the Traffic Safety Program, a participant must register, pay the fee, and complete an online course. After completing the course, the County Attorney’s office will file a motion to ask the court to dismiss the citation.
Am I eligible? Eligibility is at the discretion of the Todd County Attorney’s Office. Some eligible offenses may include: Speeding, Disregarding a Stop Sign, Improper Passing, Careless Driving, etc. You are not eligible if you already paid for your ticket, signed up for State Traffic School, have a Kentucky Commercial Drivers License (CDL), completed the program within the last year, or received a citation for Speeding 26+ over.
How do I sign up? Eligible defendants will be pre-enrolled by the County Attorney’s Office and will receive notice of enrollment in the mail, to ensure participation defendants should contact the County Attorney’s Office after receiving notice to complete registration for the program. A defendant will be removed from the program by contacting the County Attorney’s Office and electing out of the program or by paying the ticket.
If you have been charged with a violation that does not qualify for automatic enrollment but would like to request the traffic safety program, you can contact the office and request consideration for enrollment.
How do I pay for the course? All payments are processed online through Drive Safe Kentucky. You can pay online. The course is $169.00 for most offenses. The course is not refundable under any circumstances.
Information for TSP Participants:
To register for the traffic safety program, go to drivesafekentucky.com and enter your Citation Control Number (the number located on the lower right hand of your citation). After you enter your control number, you will be able to pay for the course online and start the course.
If you lost your citation or do not know your citation control number, please call the Todd County Attorney’s Office for assistance.
If you have any issues with the course after you’ve registered, you will need to contact Drive Safe Kentucky at 866.703.7772.
Fiscal Court Representation
As required by KRS 69.210, the County Attorney attends all fiscal court meetings and conducts all business of that body touching the rights and interests of the County. This includes:
Legal Advice on County policies
Review Contracts and other Legal Agreements of County
Advice and Counsel on personnel and employment matters
Enacting and Enforcing County Ordinances
Collect Delinquent Taxes
Supervise Payment of Claims and Oppose Payment of any Illegal or Unjust Bills
Institute and Defend all civil actions where County has an interest
Investigate and Advise on Entertainment Permit Requests
Represent County on all Open Record Request Appeals
Represent Property Valuation Administrator for Property Assessment Appeals
Provide Training for all Election Officers
Advise Election Board and provide Election Instruction Cards
Assist in all Coroner Inquests
Provide Legal Training and Preparation of Legal Documents
Victim Advocacy
Our Victim’s Advocate, Jennifer Traughber, is available to be contacted during office hours regarding any and all issues victims may face, including but not limited to:
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Restitution
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No contact orders
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Guidance for treatment, both for the victim and defendant
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Information about court dates and the process
Victims may contact our office at 270.265.5651 or come in person to:
81 Public Square, Elkton, KY 42220
CAN I DROP THE CHARGES?
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Once the defendant is charged with a crime by a law enforcement officer, the victim cannot drop the charges. Only a prosecutor, after a careful review of the case, can make the determination to dismiss a case. We certainly understand that there are many reasons why a victim may want a case dismissed, and our prosecutors will take the victim’s desired outcome into consideration when evaluating the case.
Diversion Program
The Todd County Attorney’s diversion program is a series of over 15 online education courses , each designed by subject matter experts to address specific criminal behaviors.
Online education courses offer criminal justice professionals advantages over incarceration and traditional sentencing, including:
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Holds offenders accountable for their criminal behavior
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Better use of prosecutorial and court time and resources for low-level offenders
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Avoids collateral consequences to offenders of exposure to jails and courts
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Treats out-of-area offenders without access to local courts or classrooms
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Reduces recidivism by teaching offenders behavioral impacts and change strategies.
Admittance into the Todd County Attorney’s diversion program is at the full discretion of the Todd County Attorney’s Office.
If you have been permitted to enroll into an online education course, it will be available at www.advent-elearning.com. You will receive instructions for registration via email or mail.
If you have any questions concerning the program, please contact adventfs.com customer service at 866.494.8556 or by email at help@adventfs.com.
Cold Check Collection
In most cases, writing a cold check is a crime pursuant to KRS 514.040. The Todd County Attorney’s Office offers a program that allows qualifying checks to be delivered and processed through our office without the need for investigation by law enforcement.
The statute of limitations is one (1) year for checks under $1,000. These checks are considered misdemeanors. However, checks over $1,000 are felonies and do not have a statute of limitations.
Cold Check Collection process:
Bring the check to the Todd County Attorney’s Office at 81 Public Square, Elkton, KY 42220, Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m. After you provide the check to the Todd County Attorney’s Office, we will then send a letter notifying the check writer that he/she has ten (10) days to pay the check and fees. If the check writer fails to make the full payment, our office will file a criminal complaint for Theft by Deception. Once the criminal complaint is signed, a warrant will be issued for the check writer.
Note: not all cold checks are eligible for the program.
Guardianship
Guardianship and Conservatorship over another person are available when a person is unable to take care of their personal and financial affairs. Proceedings for determination of legal disability and appointment of guardianship and/or conservatorship take place in the district court where the respondent lives. Guardianship takes care of personal affairs or day-to-day activities, while conservatorship handles the respondent’s financial affairs.
Candidates for Guardianship include:
An adult who is unable to meet their daily needs due to serious mental illness or dementia (e.g. malnutrition, unpaid bills, hygiene, wandering from home).
An adult who may have an issue with their primary caretaker (e.g. abuse, neglect, or exploitation).
An adult with an intellectual disability.
A juvenile who is unable to meet their daily needs due to serious mental illness or physical or mental disability who is about to turn 18.
Guardianship cases in Todd County are handled by Assistant County Attorney, Mark Collins. Inquires about guardianship or questions about ongoing guardianship cases should be directed to his office. The phone number for Mark Collins office is 270.483.3001.
Child Support
Questions about child support cases should be directed to Assistant County Attorney, Mark Collins. This office has no information or knowledge of any child support cases. The phone number for Mark Collins’ office is 270.483.3001
Juvenile & Family Court
The goal of the County Attorney’s office is the care and protection of the child in juvenile family court cases. The goal of all dependency, neglect, and abuse cases is to reunify the child with the family through the appropriate treatment and therapies.
Juvenile family court proceedings are not criminal in nature; however, child abuse is a serious crime that can be prosecuted under the Kentucky Penal Code. Juvenile family court proceedings are independent of any criminal proceedings. It is possible to have both criminal and family court proceedings prosecuted at the same time.