What is Bail?
Bail is money paid that is held by the Elliott County or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment.
The State of Kentucky has banned commercial bail by a bail bond company.
Pretrial officers are mandated to conduct an interview and assessment within 12 hours of arrest on individuals arrested on bailable offenses. If a defendant does not qualify for administrative release, pretrial officers then present the findings to a judge, who makes the decision about pretrial release.
It is always important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf, but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. There are no bond companies in Kentucky.)
If the pretrial officer and judge determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Elliot County Jail until the case is resolved or goes to trial. Bail can also be denied if the defendant did not comply with bail conditions from a previous arrest.
What is the difference between Bail and Bond?
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
What are the different types of bonds in Elliott County?
Based on a review of information from the pretrial officer, the judge will determine and notify the accused of which types of bonds are available to them.
These are the bonds that the Clerk of Court can process in Kentucky:
For minor offenses, the defendant, friend, or family can pay the full amount of bail.
A personal recognizance bond is where the defendant or someone representing the defendant signs paperwork which only requires a signature and promise from the defendant to return to court. If the defendant does not return to court, a warrant for arrest and detention can follow.
An unsecured release requires the defendant’s signature and conditions to be met. If the defendant does not return to court, the bail amount would need to be paid.
Cash percentage bond. If the bond order permits, the defendant pays 10% to the court, which then holds the money until the case is over. 10% of the 10% paid remains with the court and in most cases, there are court fees or fines due in addition, so if the defendant returns to all court hearings, 90% of the money paid to the court will be returned but additional fines and fees might be owed.
Third-party surety release requires another person called a surety to sign with the defendant. The other person would need to put up property or partial money. Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted). Usually, the property must be in the same state as the courts, and it must be worth at least 2 times the amount of the bond. There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back, although the court generally does not start the process to acquire the deed unless the defendant does not show to a court appearance.
Does Elliott County Kentucky have bail?
Yes, Section 16 the Kentucky Constitution guarantees the right to bail for all but capital crimes. However, Kentucky does not permit bond companies to operate within the state. Any bonds would be gotten through the Elliott County court system.
What kind of bonds are accepted in Elliott County?
Kentucky offers several options when it comes to paying bail including release on own recognizance, cash bail, percentage bond, property bond, surety bond or unsecured bond.
Who can set bail in Elliott County?
Pretrial officers are mandated to conduct an interview and assessment within 12 hours of arrest on individuals arrested on bailable offenses. If a defendant does not qualify for administrative release, pretrial officers then present the findings to a judge, who makes the decision about pretrial release.
When is bail set in Kentucky?
Bail is set either the day of the arrest or by a judge at the arraignment, which is when the defendant will also enter a plea. In most cases the arraignment will occur the morning following arrest.
Can I get the bail or bond reduced in Elliott County Kentucky?
Yes, your attorney can file a request for bail adjustment with the District Court Judge assigned to the case.
In Elliott County Kentucky, who can pay bail for me?
The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back. A surety is not responsible for court fees or paying off personal debts for the defendant.
Can bail be paid online in Elliott County Kentucky?
Kentucky does not have an online bail payment system; however, you can add funds to an inmate’s spending account which can then be used to post bail. Please contact the jail for specific information on how to pay bail. Go to the Elliot County Jail for contact information about the jails in Elliott County or the Clerk of Court.
What options are there to pay bail in Elliott County Kentucky?
Most all jail and courts accept cash, a cashier or bankers’ check. Some accept a credit card with fees. Contact the jail for specific information on what methods of payment are accepted: Go to the Elliot County Jail for more information about the jails in Elliott County.
Will I get all my bond money back in Kentucky?
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. Not all money is returned due to bond percentages and court fees.
Can I get bail or a bond with no money down in Elliott County?
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
What are the least expensive and affordable bail bonds in Kentucky?
Kentucky does not allow bond companies to operate in the state. The bond is acquired through the courts. A cash bond or a personal recognizance bond does not require money down.
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