Kentucky Motion to Release Defendant and Set Reasonable Bail

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US-02728BG
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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 second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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FAQ

Release on recognizance (ROR) ? The court releases some defendants on a signed agreement that they will appear in court as required ? [which] includes citation releases in which arrestees are released pending their first court appearance on a written order issued by law enforcement or jail personnel.

Own Recognizance (OR) A person is granted release on their own recognizance when the judge releases them with no money bail or conditions. The person is simply released and can fight their case outside of custody.

?Bail? is money or property that a defendant puts up as a promise to return for future court dates.

Bail is a sum of money placed with the court whose purpose is to ensure the appearance of the accused at trial. If paid in full or secured by a deposit (depending on the statutory regulations) it enables the accused to remain at liberty pending trial.

This can be done either at the jail in which the defendant is located or at the District Courthouse in that county. Most often these will be a full cash bond which requires the entire amount of the bond be paid at once. However, sometimes a judge will only require 10% of the total bond to be posted to allow release.

Factors Considered by the Court: When determining bail, Kentucky courts assess several factors. The severity of the charges, the defendant's criminal history, ties to the community, employment status, financial resources, and the potential risk posed to the community are all taken into account.

Simply put, OR release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required. No bail has to be paid, either to the court or to a bail bond seller. However, all other aspects of bail remain the same.

For minor offenses, the court may release you on your own recognizance without posting bail. You still have to appear in court for any upcoming hearings, and failure to show up could mean a warrant for your arrest.

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Kentucky Motion to Release Defendant and Set Reasonable Bail