- If you or your loved one is in jail with a bond that you cannot afford, call Neil Roy to discuss whether there is a possibility of reducing your bond. or having that person released on his/her own recognizance.
- Under Kentucky law, “A defendant shall be released on personal recognizance or upon an unsecured bail bond unless the court determines, in the exercise of its discretion, that such release will not reasonably assure the appearance of the defendant as required. In the exercise of such discretion the court shall give due consideration to recommendations of the local pretrial services agency when made as authorized by order of the Supreme Court.” RCr 4.10.
- Every person is bailable before conviction, except when death is a possible punishment for the offense or offenses charged and the proof is evident or the presumption is great that the defendant is guilty. RCr 4.02.
The factors the court uses in determining the amount of bail to set are:
- Defendant’s past criminal acts
- Defendant’s reasonably anticipated conduct if released
- Defendant’s financial ability to give bail
- Under Kentucky law, a warrant for arrest is issued if there is probable cause that the offense has been committed and that the defendant committed the offense. RCr 2.04
- If there is reasonable grounds to believe that the defendant will appear then the court may issue a summons instead which is an order to appear in court.
- Whenever a witness or defendant fails to appear in court as required, the judge may issue a warrant for his/her arrest. RCr 2.05
If you or a loved one has an active arrest warrant or bench warrant, then call our office today to see about getting your warrant removed as soon as possible.