Navigating Pretrial Release in Kentucky: Understanding Your Options

When you or a loved one is facing criminal charges, one of the most immediate and pressing concerns is securing release from jail before trial. At the Law Office of Brian Reed, we understand the critical importance of effective bail advocacy. Getting home to your family and preparing for your case is often the number one priority for jailed clients. Knowing the various forms of release and how they are determined is key to navigating this complex process.

The primary purpose of bail is to ensure the client comes back to court and to prevent punishment prior to conviction. Courts are generally required to impose the "least onerous conditions"—meaning the easiest conditions possible—reasonably likely to ensure a person's appearance.

Here are the main forms of release available:

Personal or "Own" Recognizance (ROR)

• This is a release based on your promise to appear in court.
• It is the default bond the court must grant unless it believes it would not reasonably ensure your return or if you are deemed a danger to others.
• For individuals charged with non-violent/non-sexual misdemeanors assessed as low or moderate risk, ROR release is automatic through a pretrial officer prior to judicial review.

Unsecured Bond

• This form of release does not require money or property to be put down upfront.
• It specifies an amount you would owe only if you fail to appear in court.
• Similar to ROR, it is the default the court must grant for low or moderate risk individuals unless specific findings indicate otherwise.

Nonfinancial Conditions

• If ROR or an unsecured bond is not granted, a judge can impose various nonfinancial conditions. These are meant to be the "least onerous conditions" necessary.
• Examples include:
• Home incarceration (with or without electronic monitoring). Note that time spent in pretrial home incarceration is now credited against a sentence upon conviction.
• Substance abuse treatment.
• Work release or "weekends."
• Being placed in the care of another person.
• Restrictions on leaving a specific area or contacting certain individuals.
• For felony sex offenses, the court must consider imposing electronic monitoring and home incarceration as conditions of an ROR or unsecured bond.

Surety Bond (Third-Party Bond)

• This bond also does not require the charged person to put down money.
• Instead, someone other than the charged person (a surety) promises to pay a specified amount to the court if the charged person fails to appear. The surety must be financially capable of covering the promised amount.

Cash Bond

• This requires the entire amount of the bail to be paid in cash.
• A 10% bail fee is applied to the deposited amount and is non-refundable.

Ten Percent Bond

• This is a type of cash bond where the charged person (or someone on their behalf) needs to pay only 10% of the total bail amount.
• Similar to a full cash bond, 10% of this deposited amount is a non-refundable bail fee.
• If a bond is partially secured by a 10% payment, the credit applies to the 10% portion, not the whole bond amount.

Property Bond

• Property located in Kentucky can be used, provided its equity is worth double the cash bond amount.
• The property generally cannot have been used for bond within the last twelve months unless owned by a relative.

Bail Credit

• Regardless of the set bail amount, individuals are typically permitted a credit of $100 per day for each day (or portion of a day) they remain in jail prior to trial.
• Once sufficient credit is accrued to satisfy the bail, the court must order the person released.
• Certain sex offenses are ineligible for bail credit, or a court may deny it if it finds the person is a flight risk or a danger to others, provided it makes a written finding stating the reasons for the denial.

Administrative Release

• For certain non-violent misdemeanors, pretrial services may automatically release you without a judge's direct order, based on a risk assessment.
• Persons charged with non-violent misdemeanors who score low or moderate risk of flight and new criminal activity are subject to automatic ROR release by pretrial services before judicial review.

The Importance of Experienced Legal Counsel



Securing pretrial release requires robust advocacy. An attorney ensures that these constitutional and statutory considerations are properly raised and preserved. They can present evidence, highlight favorable pretrial risk assessments, and argue against excessive bail or arbitrary decisions. Having counsel at the first appearance significantly increases the likelihood of release on recognizance or a reduced bail amount.

If you or a loved one are facing criminal charges, contact the Law Office of Brian Reed. Our experienced attorneys can advocate for your prompt release.