Kentucky Motion to Revoke Bond When Charged with First Degree Felony

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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A motion to revoke bond occurs when a defendant, charged with a first-degree felony in Kentucky, violates the conditions of their release on bail. This legal procedure aims to revoke the defendant's bond and place them back in custody until their trial or other legal proceedings take place. Let's delve into the specifics of the Kentucky Motion to Revoke Bond When Charged with First Degree Felony in more detail. Kentucky's law provides provisions for different types of motions to revoke bond when a defendant faces a first-degree felony charge. These categories may include: 1. Motion to Revoke Bond Based on New Criminal Offense: If a defendant commits a new criminal offense while out on bond for a first-degree felony, a motion to revoke bond can be filed. This motion highlights the defendant's failure to comply with the law and emphasizes the potential risk they pose to public safety. 2. Motion to Revoke Bond Due to Violation of Pretrial Release Conditions: A defendant must adhere to certain conditions when released on bond. These conditions may include refraining from contact with certain individuals, staying away from specific locations, or abstaining from drug and alcohol use. If a defendant violates these conditions, a motion to revoke bond can be filed to ensure the defendant's compliance with the set rules. 3. Motion to Revoke Bond Based on Flight Risk: If there is reason to believe that a defendant poses a flight risk, such as having no permanent residence, significant ties outside the jurisdiction, or a history of evading authorities, a motion to revoke bond can be filed. This aims to prevent the defendant from potentially fleeing the area and avoiding trial. 4. Motion to Revoke Bond Due to Witness Intimidation or Tampering: In cases where the defendant attempts to intimidate or tamper with witnesses, jeopardizing the integrity of the legal process, a motion to revoke bond can be filed. This motion seeks to protect the witnesses and maintain a fair trial free from interference. It is important to note that each motion to revoke bond must be supported by substantial evidence, demonstrating the defendant's alleged violation or risk they pose. The court will carefully review the evidence, consider the defendant's criminal history, and assess the potential danger the defendant may pose to society before making a decision. In conclusion, the Kentucky Motion to Revoke Bond When Charged with First Degree Felony encompasses various scenarios, including new criminal offenses, violation of pretrial release conditions, flight risk, and witness intimidation. These motions serve to ensure public safety, maintain the integrity of the legal process, and deter potential offenders from violating their bail conditions.

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FAQ

If the defendant is found guilty, the court will keep 10 percent (but not less than $5) of the amount you posted as a service fee. If the defendant is found not guilty, the full amount of the bond will be returned to you.

In the event of forfeiture, the indemnitor is responsible to pay the full amount of the bail, or the defendant has been returned to custody, usually with the assistance of the indemnitor, and the court has exonerated the bond, and all incurred expenses are paid. The bond then becomes void.

By posting a bond you are promising that the defendant will appear for all of their court appearances and obey all bond conditions. If the defendant fails to appear or breaks the conditions, you may lose any cash or property posted.

A: This is the first appearance a defendant makes in court after the indictment has been returned. At the arraignment, the judge will advise the defendant of the charges brought against him and advise the defendant of his rights.

If the prisoner is admitted to bail, and fails to appear and surrender himself ing to the conditions of his bond, the judge, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state.

To obtain a bond withdrawal, the surety must file a motion to be heard before the judge. THE JUDGE WILL ISSUE A WARRANT FOR THE DEFENDANT'S ARREST, AND THE DEFENDANT MUST BE IN CUSTODY BEFORE THE SURETY IS RELEASED FROM RESPONSIBILITY.

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.

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If the person violates the terms of their bond, a bond revocation is a change in the court order that confines them to jail until their trial date. This initial request should occur at the District Court arraignment by request of your attorney. If you are facing a misdemeanor charge you are then scheduled ...The only way to do this is if you and the bondsman agreed to it in the initial contract. If not you can request it from them and give an explanation of why ... ... the defendant's bond, the prosecutor must first make a motion for a hearing and prove the need for a modification of bond by clear and convincing evidence. Any violation generally justifies bail revocation and bond forfeiture. In some cases, say a first violation (not involving another crime), a judge may modify ... This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Motions for refund of a cash bond will normally be permissible in misdemeanor cases in which private counsel appears with the defendant. Such Motions may be ... The Department of Pretrial Services oversees a statewide program based on the premise that defendants are presumed innocent until proven guilty and are ... Jul 6, 2013 — Your bond can be revoked. You're lucky your bond was already revoked upon entering the jail for the new arrest. At this point, the prosecutor ... A person held in custody for violating probation or supervised release must be taken without unnecessary delay before a magistrate judge. (A) If the person is ...

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Kentucky Motion to Revoke Bond When Charged with First Degree Felony