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Home > How to Post Bail in Kentucky: 5 Things to Know

How to Post Bail in Kentucky: 5 Things to Know

In 1976, Kentucky because the first state to ban commercial bail bonds and bounty hunting. Lawmakers made the move out of concern that a commercial bail bond system discriminated against the poor. Statistics showed that a majority of people arrested had difficulty affording bail. Instead of bail bond companies, Kentucky has a Pretrial Services Division. Every defendant is interviewed within 12 hours of arrest in order to fairly set bail, which is paid directly to the court. The workers are located in all 120 counties in the state and are available 24/7. Here are 5 things to know if you need to post bail in Kentucky.

 

  1. 5 Ways to Get Out of Jail


Released on recognizance – Known as ROR, the defendant only has to sign a contract agreeing to show up for all court appearances. The judge makes this decision based on the report from the Pretrial Services officer.

Cash bond – If the defendant has enough cash to pay for the full amount of the bail, a cash bond is perhaps the quickest way to get out of jail after an arrest. Cash bonds are generally only used for misdemeanors, in part because the bail is lower.

Partially secured bond – One option for the judge to encourage the defendant to show up in court is to request a certain percentage of the bond in cash. The money is paid directly to the court and is returned, minus fees, if the defendant follows all bail conditions. An example would be a $20,000 bail that would require a 10 percent cash payment or $2,000 to the court. A co-signor who is 18 or older also can make this payment on behalf of the defendant.

Unsecured bond – The judge sets a bond amount but the defendant is not required to pay the money before being released from jail. The difference between an unsecured bond and an ROR is that a defendant who doesn’t show up for all court appearances must pay the unsecured bond amount. A defendant who skips bail after an ROR release owes no money to the court.

Property bond – This option is not used often. The process is fairly lengthy and requires that the property be located somewhere in Kentucky. The defendant, or someone on behalf of the defendant, must prove ownership of the property and establish an equity value that is at least twice the amount of the bail. The court records a lien on the property.

  1. How to Get Bail


Without bail bond agents, Kentucky attempts to make the process as simple as possible by including kiosks in jail so that defendants, or family members or friends, can look up the case and post a bond. For defendants that can only afford to pay 10 percent of the bail amount to be released, that payment can be made 24 hours a day in any jail in the state.

  1. What Will Bail Cost


The 10 percent paid to the court is returned to all defendants who show up for court hearings. However, the state has a number of fees that all defendants must pay. This includes a $31 booking fee, a $5 jail bond fee, a $4 court fee and $430 for every day in jail.

  1. How Long Will I Stay in Jail


This process is not as complicated in Kentucky because there are no bail bond companies and no bounty hunters. An officer in the Pretrial Services Division must interview every defendant no more than 12 hours after arrest, but for misdemeanors with no aggravating circumstances, a defendant can post bond within a few hours of release because Pretrial Services officers often can conclude an interview in a less serious case quite quickly. For a more serious crime, an arraignment is usually held within 24 hours of arrest before a judge. The judge then relies on the pretrial report to set bail. 

  1. What if I Miss a Court Appearance


The court keeps the 10 percent payment for a partially secured bail and seeks the rest of the bail from the defendant or a co-signor. An arrest warrant is immediately issued for the defendant – for the original offense as well as failure to appear in court. There is no bounty hunter involved, but a co-signor may try the defendant in order to recoup the bond. If the defendant does return, bail may not be allowed. If it is, the amount will be much higher than the original bail.

This article is for informational purposes only. If you need legal advice you should visit an attorney.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

Helpful Articles

How to Post Bail in Kentucky: 5 Things to Know

In 1976, Kentucky because the first state to ban commercial bail bonds and bounty hunting. Lawmakers made the move out of concern that a commercial bail bond system discriminated against the poor....more

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