Once arrested the police will take you to jail. After entry into the jail you will be booked. Booked means fingerprinting, photo (mugshot), and medical inquiry. This process can take as little as twenty minutes or it can take hours. It depends on how busy the jail is. After booking an officer from the Pretrial Services Agency will interview you. The Pretrial Service interview must be conducted within twelve hours of your arrest. It is important to cooperate with the pretrial service officer. Prior to arraignment a duty judge will review the Pretrial Service report to determine whether a bond should be set and the amount of the bond. You should give information that can be easily verified such as your home phone number, employment, and school history.
The information on the Pretrial report is confidential and is not subject to subpoena or disclosure unless:
– you jump bond
– information in relevant to sentencing
– information is provided to your attorney
Five Methods To Getting Out of Kentucky Jail
Release on Own Recognizance- This is called ROR, you must sign a ‘contract’ promising to return to court and obey all bond conditions (no firearms)
Cash Bond- Judge sets bond at a cash level, you must have the cash to be released
Partially Secured Bond- The judge sets the bond at a certain level but you are only required to post a portion of that bond. Kentucky judges usually set the portion at 10%
Unsecured bond- The judge will set the bond at an amount that you promise to pay if you fail to show up or if you violate the bond condition
Property Bond- This method allows a person to post real estate to secure a release from jail. You must get the property deed and the property tax statement. The equity of the property must be twice the amount of the bond. You must have the original deed or a certified copy of the tax statement. A current assessment form issued by the Property Valuation Administration (PVA) will be sufficient. The property must be in Kentucky, RCr 4.30(1). The property cannot have been used for bond in the last 12 months. (Unless it’s the Defendant’s property.) The property owner must take the deed to the property valuation office (PVA) and tell them he needs to put the property up for bond. The PVA will give him an assessment which he can take to the circuit court clerk.
Uniform Scheduled of Bail
You can post a bail amount for nonviolent class D felony, misdemeanor and violation prior to seeing a judge. If you post bond according to the Uniform Scheduled Bail you waive your right to have the bond set by a judge.
Bail bond can be posted in Jefferson County, Louisville, Kentucky, 24 hours a day at the Hall of Justice on the first floor. Go to the District Court window. You must have a photo identification. There is a $25 non refundable fee.
Daily Credit toward bail regarding the amount of bail. You will get $100.00 a day reduction from the set bond amount. Once you have served enough days for the $100.00 a day credit to satisfy the original bond, you will be released. Daily credit does not apply on violent crime, sex crimes or anyone who the judge determines is a flight risk or danger risk.
If you are charged with a misdemeanor the Louisville Metro Corrections has a computer kiosk ebond touch system that allows you to post your own bond with a credit card.
Purpose of Bail: – secure Appearance in Court
– protect the community
– protect the accused against punishment prior to conviction
Eighth Amendment- US Constitution excessive bail shall not be required
§ 16 Ky Constitution
– “all prisoners shall be bailable”
§ 17 Ky Constitution
– “excessive bail shall not be required”
The 8th Amendment directs judges to make a reasonable calculation about what would be proper amount for each individual Defense considering the Defense’s resources, education, family, schooling, employment. Stack v. Boyle
Salerno v. US (1987) In our society Liberty is the norm and detention prior to trial is the carefully limited exception.
KRS 431.525 Bail factors for setting bond.
(a) Sufficient to insure compliance with the conditions of release set by the court
(b) Not oppressive
(c) Commensurate with the offense
(d) Considerate of criminal history/anticipated conduct
(e) Financial ability of Defendant
“Sufficient” mean barely sufficient and no more. The standard is not “overly sufficient.”
The Court must consider all 5 factors
RCr 16 (1) bail shall not be oppressive
When does a Court know if a bail is oppressive?
Clearly disproportionate and excessive as to be an invasion of Defendant’s Constitutional Rights (Adkins v. Ky) 1950
If the amount of bail is so excessive as to be prohibitory the result is a denial of bail.
Excessive bail violates the Defendant’s Presumption of Innocence. Any attempt to impose excessive bail as a means to deny freedom pending trial amounts to punishment before conviction. Such procedure strikes a blow at the liberty of every citizen. Long v. CW (1971)