Marshall County Detention Center Inmate Bail & Bonds
Marshall County Bail and Pretrial Release
Whether the arrest was in Benton, Calvert City, Hardin or the countryside, a Marshall County arrestee is booked at the Marshall County Detention Center, 54 Judicial Drive, Benton, KY 42025 (phone 270-527-4760), and bail or bond to win release is paid to the circuit clerk a short walk away in the Marshall County Judicial Building, 80 Judicial Drive, Unit 101, Benton, KY 42025, phone 270-527-3883. Marshall shares the 42nd Judicial Circuit with Calloway County.
How do I learn the bail set at the county jail?
Check the inmate roster or call 270-527-4760 on a weekday between 8 and 4. Write down the charge, the dollar figure and the case number. A pretrial officer meets each new booking in Benton, and a person may go home on a signed promise, so ask about that before gathering money.
↑ Back to the question listWhat can I use to pay bond at the Benton clerk's office?
For court payments in general, the clerk takes currency, money orders, bank or personal checks, and cards for a surcharge, with ePay as well. Phone the circuit clerk (270-527-3883) or district clerk (270-527-1721) to confirm which ones work for a bond. Carry ID and know how the defendant's name is spelled on the roster.
↑ Back to the question listCan a bondsman post bail in Benton?
No. In Marshall County the money goes straight to the circuit clerk on Judicial Drive (270-527-3883), because for-profit bail is outlawed (KRS 431.510). No middleman takes a cut, and a defendant who attends each hearing gets most of it back.
↑ Back to the question listHow does pretrial release work in Marshall County?
At the Benton jail (270-527-4760), a pretrial officer interviews each person booked on Judicial Drive and scores the risk from the charge, prior record and past court attendance (KRS 431.515). The judge makes the final call. A low score can mean release without cash (KRS 431.066). A middle score can bring check-ins instead of a money bond.
↑ Back to the question listWhich bail types do Benton judges use?
- Own recognizance, signed with no money.
- Unsecured bond, owed only after a no-show.
- A 10 percent cash deposit (KRS 431.530).
- The full amount can be paid in cash.
- Real estate can be pledged if it is worth twice the bail (KRS 431.535).
A relative can sign as an unpaid surety when the judge approves (KRS 431.520).
↑ Back to the question listWhat limits does Kentucky put on bail amounts?
The clerk (270-527-3883) records the amount a Benton judge sets. Judges must look at what a defendant can afford (KRS 431.525) and rarely hold anyone for a violation alone (KRS 431.062). For an injury-free misdemeanor, bond is capped at the top fine and court costs. A statewide chart covers some Class D charges (KRS 431.540). Each day in the jail in Benton counts as $100 toward bail.
↑ Back to the question listHow are Marshall County bail deposits refunded?
If the defendant made every hearing, the clerk sends the deposit back after the case, minus a 10 percent fee with a $5 floor. After an acquittal or a dropped charge, Marshall keeps nothing. Old Benton court debts may be subtracted. Save the receipt and call 270-527-3883 if the check is slow to arrive.
↑ Back to the question listWhat release conditions might a Marshall judge order?
Common rules include staying away from a named person, no alcohol, drug screens, GPS monitoring and regular reporting. A Benton no-show triggers a warrant, with forfeiture possible 20 days after notice (KRS 431.545). Defense counsel may move to loosen any term that blocks a Marshall defendant's job.
↑ Back to the question listWhich lawyers are involved in a Benton bail hearing?
The county attorney's office sits in the same Judicial Building at 80 Judicial Drive, Unit 130, Benton, KY 42025, 270-527-4730. The Commonwealth's Attorney for the 42nd Circuit is at 91 North Main Street, Suite B, Benton, KY 42025, 270-527-3624. The Murray Trial Office (607 S. 6th Street, Murray, KY 42071; 833-514-8983) defends people who cannot pay a lawyer and can argue for lower bail at arraignment. Our court guide explains each office's role.
↑ Back to the question listWill paying a Marshall bond clear a federal case or ICE hold?
No. Call the jail at 270-527-4760 first to learn about any hold. Federal charges from the county are filed at the U.S. District Court, Western District of Kentucky, 501 Broadway, Paducah, KY 42001, 270-415-6400, and a state bond has no effect there. A lodged ICE detainer lets Judicial Drive staff hold someone 48 hours past release. Call the jail at 270-527-4760, then check the ICE finder or federal prison locator for the person's location.
↑ Back to the question listMarshall County Detention Center
Address:
54 Judicial Drive
Benton, KY 42025
Phone:
270-527-4760
Frequently Asked Questions about Bail and Bonds in Marshall County
Does Marshall County have bail?
What kind of bonds are accepted in Marshall County?
Who can set bail in Marshall County?
When is bail set in Marshall County Kentucky?
Does Marshall 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 Marshall County court system.
What kind of bonds are accepted in Marshall 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 Marshall 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 Marshall 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 Marshall 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 Marshall 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 Marshall 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 Marshall 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 Marshall County court system.
What kind of bonds are accepted in Marshall 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 Marshall 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 Marshall County Kentucky?
Yes, your attorney can file a request for bail adjustment with the District Court Judge assigned to the case.
In Marshall 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 Marshall 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 Marshall County Detention Center for contact information about the jails in Marshall County or the Clerk of Court.
What options are there to pay bail in Marshall 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 Marshall County Detention Center for more information about the jails in Marshall 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 Marshall 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.