Harlan County Detention Center Inmate Bail & Bonds
Harlan County Bail and Pretrial Release
Anyone arrested in Harlan County is booked at the Harlan County Detention Center (6000 Highway 38, Evarts, KY 40828; 606-837-0096), and getting them released on bail or bond means paying the circuit clerk inside the Harlan County Justice Center, 129 S. 1st St., Harlan, KY 40831 (606-573-7114). Harlan is a one-county circuit, the 26th.
Where can I find a bond amount?
Phone the jail in Evarts at 606-837-0096 and give the arrested person's full name and date of birth. The inmate roster might display the bond too. When the figure is missing, the judge likely hasn't ruled yet, so check after the first court appearance.
↑ Back to the question listHow do I pay bond at the Harlan justice center?
Take cash, a money order or a check from a local bank to the clerk on South First Street; ePay handles many court payments online. Call 606-573-7114 first for the exact total, because bond can't be paid at the jail. Bring photo ID, and park near the front if you need disability access.
↑ Back to the question listIs there a bail bondsman locally?
No. Whoever pays works with the Harlan circuit clerk (606-573-7114) or the Evarts detention center (606-837-0096) directly, since commercial bail bonding has long been illegal in Kentucky (KRS 431.510). The money goes to the court, and the deposit, less a ten-percent fee, is returned at the end as long as the defendant attends every hearing.
↑ Back to the question listHow does a Harlan judge choose release terms?
After booking at the Evarts detention center (606-837-0096), Pretrial Services interviews the defendant, checks the address, work history and record, and estimates the odds of a skipped hearing or a fresh arrest (KRS 431.515). A low risk rating points toward release without any money (KRS 431.066).
↑ Back to the question listWhat bail types do judges use here?
The Harlan clerk (606-573-7114) records whichever form the judge picks. A judge can accept a written promise to appear, an unsecured bond, a 10 percent deposit (KRS 431.530), the full amount in cash, or real property worth twice the bail (KRS 431.535). A family member can sometimes sign on as surety without paying (KRS 431.520).
↑ Back to the question listDoes state law put limits on bail?
Yes. A Harlan district judge sets the figure, and the clerk at 606-573-7114 can confirm it. Bail has to reflect a defendant's finances (KRS 431.525), and lockup purely for a violation is disfavored (KRS 431.062). For nonviolent misdemeanors, the amount can't surpass the top fine with costs added. Many Class D felonies use a statewide schedule (KRS 431.540), and domestic violence charges bring extra safeguards (KRS 431.064). Each day in custody before release earns a $100 credit against bail (KRS 431.066).
↑ Back to the question listHow long until bail money is refunded?
The refund follows the end of the case. A defendant who made every appearance gets the deposit minus a 10 percent fee, with a $5 minimum. No fee applies after a dismissal or an acquittal. The clerk subtracts any unpaid fines or costs first. Ask 606-573-7114 when the refund will be issued.
↑ Back to the question listWhat conditions may come with release?
Judges may bar contact with a complainant, order sobriety and testing, add a GPS monitor or require check-ins. An absence from court or a broken condition may lead to an arrest order and forfeiture 20 days after notice (KRS 431.545). A lawyer can ask to modify any term that's impossible to meet.
↑ Back to the question listWho prosecutes and defends these cases?
The Harlan County Attorney (210 East Central Street, Suite 106, Harlan, KY 40831 (606-573-1794)) prosecutes misdemeanors and starts felony cases. The 26th Circuit Commonwealth's Attorney, in the same building on East Central Street (210 East Central Street, Suite 111, Harlan, KY 40831 (606-573-6162)), handles indicted felonies. Defendants unable to pay for counsel are appointed the Harlan Trial Office of the Department of Public Advocacy (120 Professional Lane, Harlan, KY 40831; 833-254-2462). Our court guide covers each step.
↑ Back to the question listDoes bail cover a federal or ICE hold?
No. Federal release is set by the U.S. District Court, Eastern District of Kentucky, 310 South Main Street, London, KY 40741, 606-877-7910. An ICE detainer lets the jail in Evarts keep someone as long as 48 hours once the state case would free them. Call 606-837-0096 and check the ICE locator or BOP locator.
↑ Back to the question listHarlan County Detention Center
Address:
6000 Highway 38
Evarts, KY 40828
Phone:
606-837-0096
Frequently Asked Questions about Bail and Bonds in Harlan County
What kind of bonds are accepted in Harlan County?
Who can set bail in Harlan County?
When is bail set in Harlan County Kentucky?
Does Harlan 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 Harlan County court system.
What kind of bonds are accepted in Harlan 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 Harlan 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 Harlan 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 Harlan 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 Harlan County Detention Center 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 Harlan 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 Harlan 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 Harlan County court system.
What kind of bonds are accepted in Harlan 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 Harlan 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 Harlan County Kentucky?
Yes, your attorney can file a request for bail adjustment with the District Court Judge assigned to the case.
In Harlan 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 Harlan 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 Harlan County Detention Center for contact information about the jails in Harlan County or the Clerk of Court.
What options are there to pay bail in Harlan 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 Harlan County Detention Center for more information about the jails in Harlan 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 Harlan 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.