March 21, 2025 | Criminal Defense
How long you can be held in jail before a conviction depends on the circumstances of your case. Typically, when someone is arrested, they are released within 24 hours if the person can make bail. However, if you are ineligible for or unable to make bail, you can be held nearly indefinitely before your trial. This is why you need an aggressive and committed Louisville criminal defense attorney who may be able to help you.
What is Arraignment and Bail?
Once you are arrested and read your Miranda Rights, you will be held until your arraignment is scheduled for the next available docket for Jefferson County. Arraignment is where you are officially charged with a crime and enter a plea. After arraignment, the judge will set your bail within 24 hours, according to the Kentucky Department of Public Advocacy.
Holding Limitations if You Cannot Bail Out
If you cannot make bail, you may find yourself in jail until your trial date. Kentucky courts are often backlogged, meaning you can be legally held in jail for months or years while you wait for a trial date. If you are convicted at your trial date, the time you have already spent in jail is credited to your sentence as time served. If the court finds you not guilty, you are released, often without recourse for the time lost.
The Kentucky Bail System
Bail is the system where you leverage property of value or cash in exchange for your release from jail pending trial. Although this system has faced significant scrutiny, it is currently in operation across Kentucky.
Models of Release
The judge may provide nonfinancial options for release, such as release on your own recognizance or into the care of someone else.
According to Kentucky Pretrial Services, the available models for financial bail include:
- Cash – You must pay the full bail and filing fees in cash. If you appear for your court date, the full amount will be returned, but failure to appear may mean the entire amount is forfeited.
- Property – If you or someone you know has property and the equity is twice the amount owed, they may use that as collateral. A lien will be placed on the property to ensure fulfillment of payment should you fail to appear in court.
- Partially secured – A partially secured bail allows you to pay a percentage of what is due. Like other forms of bail, the full amount will be returned or forfeited based on your attendance in court.
If you cannot pay the cost of bail outright, you or your family may seek out a bail bond. These agreements will often come at a premium, adding an additional 10% to 30% of your costs. In Kentucky, many people cannot afford the full cost of bail to release their loved ones.
Contact a Criminal Defense Lawyer Today for Help With Your Case
Jefferson County courts face a backlog of cases, leaving individuals who have yet to be convicted indefinitely detained while they await their trial. One of the best things you can do for your case is to have a Louisville criminal defense attorney on your side who will fight for your rights to a speedy trial and help you see a nonfinancial release or a reduced bail.
The team at Suhre & Associates DUI and Criminal Defense Lawyers is working with the experience of a previous cop and prosecutor on our side, helping us provide comprehensive and aggressive defenses to your charges.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (502) 371-7000 or visit us at our Louisville Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A
Louisville, KY 40202
United States
