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You’ve been arrested… Now what?

Posted by Abe Mashni | Jun 15, 2017 | 0 Comments

Youve been arrested...now what

Arrested in Kentucky? The following might be helpful to know!

You will be taken to the jail in either a paddy wagon or a patrol vehicle.

Remember, remain silent while riding in the vehicle with officers because your statements could and will be used against you later.

While different jails have different procedures, here's what you can generally expect:

  • To have a “mugshot” taken
  • To be finger printed
  • To be asked basic background questions
  • To be searched for contraband
  • A physical and mental health screen
  • To have pictures taken of any tattoos

Once the booking has been completed, a pretrial officer will ask if you consent to a pretrial interview.  This interview is very important to the judge making your initial bond decision.  It's always in your best interest to be nice and respectful to the pretrial officer.

Next, the pretrial officer will check your criminal history. Once the pretrial officer has conducted the interview and received the results from your criminal history report, they will conduct a risk assessment of your likelihood to appear in court and not get re-arrested while the case is pending, if you are pretrial released from jail.

Within 24 hours, the pretrial officer presents the information gathered to a local judge.  While the pretrial officer can make a recommendation regarding release, the judge ultimately makes the final decision.

There are several types of bonds that a judge may initially order.  These bonds can be categorized into two groups: (1) Non-financial bonds and (2) Financial bonds.

Non-Financial Bonds

  • Release on Recognizance (“ROR” for short):  This only requires the signature of the defendant.  This signature essentially promises the court you'll appear for all scheduled court hearings and abide by any conditions that may be imposed by the Court.  If the defendant violates this type of bond, he/she may face new charges or revocation of the bond and warrant for arrest – however, there are no financial consequences to violating this type of bond.  Judges will usually only issue this type of bond when the defendant is low risk, no/minimal criminal history, and the charge(s) are minor.
  • Unsecured Release:  This type of bond also only requires the defendant's signature to be released.  However, instead of only promising to appear for all court dates, abide by the conditions imposed by the Court, the Defendant also promises to be on the hook for a prescribed amount of money the judge sets.  For example, a judge may order an unsecured bond of $5,000 (it could be significantly less or more).  The defendant is released upon signing the paperwork.  If the defendant violates the bond, he/she may face new charges, revocation of the bond and warrant for arrest, and be ordered to pay $5,000 to the court.
  • Third-Party Surety Release:  This bond is exactly the same as an Unsecured Release bond except that instead of the defendant making the promises, a third-party signs the paperwork on behalf of the defendant.  The third-party makes promises that he/she will ensure the defendant will attend all court appearances, abide by all conditions of release, and acknowledge that if the defendant violates any condition of bond, the third-party will be on the hook for the amount of money previously set by the judge.   In the example above, if the defendant violates his/her conditions of release, the third-party may be ordered to pay $5,000 to the court.

Financial Bonds

  • Full Cash Bond:  This can be paid via cash or credit card.  There are fees associated with this type of bond.  If the defendant violates the terms and conditions of bond, this money is subject to forfeiture.  If no violations occur, the full amount will be refunded to the person who posted it upon disposition of the case.
  • Property Bond:  There are fees associated with this type of bond.  The property must be located in Kentucky and the owners must have equity equal to twice the face amount of the bond in order to qualify.  A lien will be placed on the property to secure the bail.  If the defendant violates the terms and conditions of the bond, the value of the posted property will be subject to forfeiture by the Court.
  • Partially Secured Bond:  This requires a percentage of the full cash amount (usually 10%).  For this type of bond, a judge can set the bond at $1,000 @ 10% meaning only $100 would be required to be released from jail.  There is a 10% processing fee associated with this type of bond once the case is disposed.  Using the example above, assuming the defendant did not violate the bond and the case had been disposed, the person who posted the 10% bond would receive $900 back.  If the defendant violates the terms and conditions of release, the person who posted the bond may be responsible for the entire cash amount of the bond – which in above example would be $1,000.

If you have other questions, please ask in the comments. Perhaps we can answer in future blog posts!

About the Author

Abe Mashni

Abe Mashni is a trial attorney practicing in Lexington, Kentucky.  His practice focuses on criminal defense, family law, and personal injury litigation.  After graduating the University of Kentucky, magna cum laude with a Bachelors of Arts in Political Science, Abe earned his Juris Doctorate f...

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