KRS 505.060: Effects of fraudulent prosecution or lack of jurisdiction.

A prosecution is not barred, as provided in KRS 505.030, 505.040 and 505.050 if the

former prosecution:

(1) Was procured by the defendant without the knowledge of the proper prosecuting

officer and with the purpose of avoiding the sentence which otherwise might be

imposed; or

(2) Was before a court which lacked jurisdiction over the defendant or the offense.