Breathitt County Jail Inmate Bail & Bonds
Breathitt County Bail and Pretrial Release
This page covers bail for Breathitt County arrests and how to get someone released. Bail is posted in Jackson, yet Breathitt keeps no jail, which means prisoners may be housed at the Three Forks Regional Jail (2221 Fairground Ridge Road, Beattyville, KY 41311; 606-464-2598) or the Kentucky River Regional Jail (200 Justice Drive, Hazard, KY 41701; 606-436-4032), so relatives may have to phone both jails. The money side stays local: the circuit clerk at the Breathitt County Justice Center, 1131 Main St., Jackson, KY 41339 (606-666-5768) takes bond. Breathitt, Powell and Wolfe share the 39th Judicial Circuit.
1. Who can tell me a Breathitt bond amount?
Call the Three Forks Regional Jail in Beattyville (606-464-2598) or the Kentucky River Regional Jail in Hazard (606-436-4032) and say the arrest came from Breathitt County. If one jail has no record, try the other. The inmate roster may show bond as well. A blank amount means no figure has been set yet.
↑ Back to the question list2. Where is bond paid?
Breathitt bonds are paid to the circuit clerk's office in the Breathitt County Justice Center, 1131 Main St., Jackson, KY 41339. Call 606-666-5768 ahead to ask what payment the office takes for bond and whether the amount has changed. Bond is paid in Jackson even when the person is held in another county. Bring photo ID and the person's full legal name.
↑ Back to the question list3. Is a bail bondsman an option in Jackson?
No. A Breathitt family deals directly with the Main Street clerk (606-666-5768) or the jail holding the person, Three Forks (606-464-2598) or Hazard (606-436-4032). Kentucky ended the for-profit bail business (KRS 431.510). Family members pay the clerk directly, and if the defendant keeps every court date, the deposit comes back minus the clerk's fee after the case.
↑ Back to the question list4. Who screens an arrest for release?
Staff at whichever jail booked the person, Beattyville (606-464-2598) or Hazard (606-436-4032), can say if it is done. A Pretrial Services officer interviews the person soon after booking, checks address, job and record, and scores the risk of a missed hearing or new charge (KRS 431.515). That rating is sent to the judge. People rated low risk can be released without paying (KRS 431.066).
↑ Back to the question list5. Which bail types do Jackson judges use?
Whatever the judge picked is written in the order, and the Jackson justice center clerk (606-666-5768) will read it to you. Options run from recognizance and unsecured bail to a 10 percent deposit (KRS 431.530), full cash, or a bond backed by property worth twice the amount (KRS 431.535). A relative may be allowed to sign as surety with no payment (KRS 431.520).
↑ Back to the question list6. What keeps bail from being set too high?
Breathitt's circuit clerk (606-666-5768) can give you the amount once it is set, and state rules limit how high it goes. Bail has to fit the person's ability to pay (KRS 431.525), and jail for a violation alone is disfavored (KRS 431.062). For a nonviolent misdemeanor, bail can't pass the largest fine plus costs. Listed Class D felonies get a preset amount (KRS 431.540), and domestic abuse cases add protections (KRS 431.064). Jail days count as $100 each (KRS 431.066).
↑ Back to the question list7. How is bail money refunded?
The Breathitt circuit clerk in Jackson sends the refund after the case ends. A defendant with perfect attendance gets the deposit back minus 10 percent, at least $5. Defendants cleared by dismissal or acquittal owe no fee. Unpaid court debts or restitution get deducted before the check goes out. Ask the clerk (606-666-5768) when to expect it.
↑ Back to the question list8. What release conditions does Breathitt County use?
Terms can include staying away from named people, sobriety, regular testing, an ankle tracker or call-in reporting. Breaking one or skipping court can mean a new warrant, and bail can be forfeited 20 days after notice (KRS 431.545). If a rule is impossible to follow, defense counsel may seek relief from it.
↑ Back to the question list9. Which lawyers are part of a Breathitt bail case?
At a Breathitt bond hearing, the county attorney (1149 Main Street, Jackson, KY 41339; 606-666-4400) speaks for the state in misdemeanors and in the early steps of a felony. Indicted felonies go to the 39th Circuit Commonwealth's Attorney in Stanton (720 Breckenridge Street, Stanton, KY 40380 (606-612-5066)). Defendants who can't hire counsel get the Stanton Trial Office of the Department of Public Advocacy (452 Washington St., Stanton, KY 40380; 833-895-0582). Our court guide has more.
↑ Back to the question list10. Does Breathitt bail cover a federal charge or ICE hold?
No. The U.S. District Court, Eastern District of Kentucky, 101 Barr Street, Lexington, KY 40507, 859-233-2503 decides release on federal charges. With an immigration detainer, the jail may hold someone for up to 48 hours beyond state release. Call 606-464-2598 or 606-436-4032, then search the ICE locator or BOP locator.
↑ Back to the question listBreathitt County Jail
Address:
2221 Fairgrounds Ridge Road
Beattyville, KY 41311
Phone:
606-464-2598
Frequently Asked Questions about Bail and Bonds in Breathitt County
Does Breathitt County have bail?
What kind of bonds are accepted in Breathitt County?
Who can set bail in Breathitt County?
When is bail set in Breathitt County Kentucky?
Does Breathitt County have bail?
Yes, Section 16 the Kentucky Constitution guarantees the right to bail for all but capital crimes. However, Kentucky does not permit bond companies to operate within the state. Any bonds would be gotten through the Breathitt County court system.
What kind of bonds are accepted in Breathitt County?
Kentucky offers several options when it comes to paying bail including release on own recognizance, cash bail, percentage bond, property bond, surety bond or unsecured bond.
Who can set bail in Breathitt County?
Pretrial officers are mandated to conduct an interview and assessment within 12 hours of arrest on individuals arrested on bailable offenses. If a defendant does not qualify for administrative release, pretrial officers then present the findings to a judge, who makes the decision about pretrial release.
When is bail set in Breathitt County Kentucky?
Bail is set either the day of the arrest or by a judge at the arraignment, which is when the defendant will also enter a plea. In most cases the arraignment will occur the morning following arrest.
What is Bail?
Bail is money paid that is held by the Breathitt County or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment.
The State of Kentucky has banned commercial bail by a bail bond company.
Pretrial officers are mandated to conduct an interview and assessment within 12 hours of arrest on individuals arrested on bailable offenses. If a defendant does not qualify for administrative release, pretrial officers then present the findings to a judge, who makes the decision about pretrial release.
It is always important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf, but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. There are no bond companies in Kentucky.)
If the pretrial officer and judge determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Breathitt County Jail until the case is resolved or goes to trial. Bail can also be denied if the defendant did not comply with bail conditions from a previous arrest.
What is the difference between Bail and Bond?
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
What are the different types of bonds in Breathitt County?
Based on a review of information from the pretrial officer, the judge will determine and notify the accused of which types of bonds are available to them.
These are the bonds that the Clerk of Court can process in Kentucky:
For minor offenses, the defendant, friend, or family can pay the full amount of bail.
A personal recognizance bond is where the defendant or someone representing the defendant signs paperwork which only requires a signature and promise from the defendant to return to court. If the defendant does not return to court, a warrant for arrest and detention can follow.
An unsecured release requires the defendant’s signature and conditions to be met. If the defendant does not return to court, the bail amount would need to be paid.
Cash percentage bond. If the bond order permits, the defendant pays 10% to the court, which then holds the money until the case is over. 10% of the 10% paid remains with the court and in most cases, there are court fees or fines due in addition, so if the defendant returns to all court hearings, 90% of the money paid to the court will be returned but additional fines and fees might be owed.
Third-party surety release requires another person called a surety to sign with the defendant. The other person would need to put up property or partial money. Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted). Usually, the property must be in the same state as the courts, and it must be worth at least 2 times the amount of the bond. There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back, although the court generally does not start the process to acquire the deed unless the defendant does not show to a court appearance.
Does Breathitt County Kentucky have bail?
Yes, Section 16 the Kentucky Constitution guarantees the right to bail for all but capital crimes. However, Kentucky does not permit bond companies to operate within the state. Any bonds would be gotten through the Breathitt County court system.
What kind of bonds are accepted in Breathitt County?
Kentucky offers several options when it comes to paying bail including release on own recognizance, cash bail, percentage bond, property bond, surety bond or unsecured bond.
Who can set bail in Breathitt County?
Pretrial officers are mandated to conduct an interview and assessment within 12 hours of arrest on individuals arrested on bailable offenses. If a defendant does not qualify for administrative release, pretrial officers then present the findings to a judge, who makes the decision about pretrial release.
When is bail set in Kentucky?
Bail is set either the day of the arrest or by a judge at the arraignment, which is when the defendant will also enter a plea. In most cases the arraignment will occur the morning following arrest.
Can I get the bail or bond reduced in Breathitt County Kentucky?
Yes, your attorney can file a request for bail adjustment with the District Court Judge assigned to the case.
In Breathitt County Kentucky, who can pay bail for me?
The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back. A surety is not responsible for court fees or paying off personal debts for the defendant.
Can bail be paid online in Breathitt County Kentucky?
Kentucky does not have an online bail payment system; however, you can add funds to an inmate’s spending account which can then be used to post bail. Please contact the jail for specific information on how to pay bail. Go to the Breathitt County Jail for contact information about the jails in Breathitt County or the Clerk of Court.
What options are there to pay bail in Breathitt County Kentucky?
Most all jail and courts accept cash, a cashier or bankers’ check. Some accept a credit card with fees. Contact the jail for specific information on what methods of payment are accepted: Go to the Breathitt County Jail for more information about the jails in Breathitt County.
Will I get all my bond money back in Kentucky?
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. Not all money is returned due to bond percentages and court fees.
Can I get bail or a bond with no money down in Breathitt County?
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
What are the least expensive and affordable bail bonds in Kentucky?
Kentucky does not allow bond companies to operate in the state. The bond is acquired through the courts. A cash bond or a personal recognizance bond does not require money down.