Even though the terms “bail” and “bond” mean slightly different things, they are often used interchangeably in Kentucky courts.  They both generally refer to money paid to release a defendant from custody while his or her case is pending.

For the money to be returned, the defendant must comply with everything the Court orders while the case is pending.  The Court typically requires that the defendant stay out of trouble and show up to all mandatory Court appearances.  If the defendant violates the judge’s conditions of the bond while out of custody, the money can be forfeited (taken by the Court) after a bond forfeiture hearing.

When determining the amount of a defendant’s bail, the judge will consider several factors.  In Kentucky, the bail amount shall be:

1. Sufficient to insure compliance with the conditions of release set by the court;
2. Not oppressive;
3. Commensurate (corresponding) with the nature of the offense charged;
4. Considerate of the past criminal acts and the reasonably anticipated conduct of the defendant if released; and
5. Considerate of the financial ability of the defendant.

KRS 431.525.

Several factors can affect the amount of the bail, including (but not limited to) the following:

• The defendant’s criminal history,
• The defendant’s history (if any) of appearing (or failing to appear) for court appearances, and
• The defendant’s age and family situation.

In addition, the judge can use his or her discretion to increase the bail amount or alter the bond’s conditions in other ways.  The judge could even refuse to release the defendant from jail with a proper explanation in the order.

The bail may be reviewed at every stage in the criminal trial process.  If a judge refuses to lower bail at the arraignment, for example, it could still be lowered at the preliminary hearing (which occurs later).  However, in some cases, a judge will not review and lower a defendant’s bail unless some of the defendant’s information, such as his or her residential address, has been verified by third parties through the Court’s Pretrial Services office.

If you are interested in reducing your bail amount or changing the conditions of your bond, you need to speak with an experienced criminal defense attorney.  He or she will be able to guide you through the legal process and present your best arguments.

If you (or a loved one) are interested in reducing your bail amount or changing the conditions of your bond in Kentucky (or the Lexington area in particular), call my office for a free consultation at (859) 685-1055.

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