HOPKINS COUNTY, KY - Recently Hopkins County has been abuzz with talk over the recent Hamilton case, or more specifically, how Earlington Mayor Seiber could withdraw the $20,000 he put up for Hamilton's Bond after Hamilton had allegedly been arrested for shoplifting, therefore seemingly breaking the rules set forth on his bonded release. iSurf News took this opportunity to speak with local officials on how bonds work, and the legalities therein. The case itself has resulted in a considerable amount of finger-pointing towards local politically-oriented individuals and Judiciary officials. The main question that is being asked by local residents is, "If I posted a bond for someone and they committed a crime when they were free, could I get my money back?" The answer is somewhat sketchy, but there is an answer nonetheless.

Initially, let's take a look at what a bond is. A bond is, according to Commonwealth Attorney David Massamore, a financial promise that the individual will follow a preset order of guidelines, such as not using alcohol, drugs, violating the law, showing up for court, and in some cases, not driving a motor vehicle. According to Judge Jim Brantley, who oversaw the Hamilton case, this amount can at any given point in time before the actual trial, be subject to filing for withdrawal by the individual that posted the bond. Massamore also agreed with this statement, quoting the innocent until proven guilty excerpt from the Constitution.

iSurf News staff researched the bonding process and found that, indeed, anyone can file to withdraw a bond before the actual court date, however, it is not always a positive that the bond money will be released or forfeited. This is where the law seems to get a bit sketchy. In the end, the final decision seems to lie with the judge himself, in this case, Jim Brantley.

The actual bond amount itself is judged by the individual in question's criminal record, the severity of the crime itself, and any other relevant conditions. There are no guidelines for Commonwealth attorneys to go by when deciding what financial amount to suggest per crime. In the Hamilton Case, Massamore openly admitted to iSurf reporters that he suggested an amount that he did not think Hamilton could come up with.

"Most local people don't have $20,000 to put up," said Massamore. "I didn't think that anyone would step up and put that kind of money on the line for Hamilton. Frankly, I do apologize to the people of Hopkins County. I guess I should have gone higher, but I thought it was a safe bet that this high of an amount wouldn't be paid and Hamilton would remain in jail. My emphasis is public safety, and I suggested raising the bond from the original $5000 to $20000 so that he would remain in jail and the public would be safe.

When asked why he chose to return the money to Seiber, Brantley replied with, ""In Mayor Seiber's Case, there was really no reason not to allow him to get his money back. Of course, anytime you post a bond, it is subject to forfeiture, but this only comes to pass in extreme circumstances. There was no just cause to deny him his money back"

Inevitably, the facts are that in most cases the judicial system is indeed urged to return monies paid forth towards bonds when the individual posting requests a withdrawal. However, as Massamore stated, the end decision lies entirely with the judge on each particular case.

With all the information gathered into one place, the answer is simply yes. Though it may not always seem fair, the law is the law, and absolutely anyone can request a withdrawal of a bond placed for someone else.

"It's like the strike zone in baseball," said Massamore. "There is a preset strike zone, but in the end the final call lies with the umpire. The judge is the umpire."

J. L. Graham
iSurf News