Kentucky Bail Bond Agreement

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Multi-State
Control #:
US-00006DR
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

Partially Secured. Requires a percentage of the cash amount set as bail, which is usually 10% but the amount can vary. For example, if bail is set at 10% of $500, then $50 would be required to have the defendant released. There is also a 10% processing fee for this type of bail.

If a partially secured bond is being posted at 10% and there is a plea or finding of guilt, the State of Kentucky will keep 10% of the amount posted, not less than $5.00. Release on Personal Recognizance (known as ROR or OR), Defendant is released based on the Defendant's written promise to appear.

In Kentucky, a judge ultimately has the final say on the exact dollar amount of a set bail. When a person is arrested, a judge immediately reviews the case file, taking into consideration the charges, citation narrative and the person's criminal history. They then determine the initial bail amount.

You are not allowed to leave the state without permission. If you are required to leave the state as a condition of your defense, you may be allowed to do so, but you need to reach out to the prosecutor to get approval, You are required to show up to all of your court hearings.

If a bail is set, the defendant can be released by paying the court 10 percent of the bail amount in cash or by property bond. Unlike bail-for-profit systems, the bail amount is returned to the accused when he/she makes good on the promise to appear in court as scheduled.

However, there are some factors that may help you determine how high or low it may be. KRS §431.510 makes it illegal to offer bail bonds in the state which means there is no formal fee structure like we see in other states.

A no bond status signifies that an individual is not eligible for release from county jail through the payment of bail, as a judge has not set a bail amount. The arrested person will remain in custody until a judge potentially sets bail at a later hearing or the case concludes.

In 1976, Kentucky became the first of the four U.S, states that ban commercial bail bonds and bounty hunting. The law was passed because of the belief that commercial bail bond systems discriminate against the poor by punishes most those who are least able to pay.

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Kentucky Bail Bond Agreement