HOW DO JAIL BAIL & BONDS WORK FOR KANSAS CRIMES?

It is possible to be taken into custody by the state of Kansas in several ways - extradition, bench warrant, arrest warrant or immediate arrest. Should this happen to you law enforcement generally cannot hold you in custody forever without the opportunity to bail or bond out. You are innocent until proven guilty. These terms are used interchangeable, are similar in purpose, but have different  meanings. Bail is the money you pay to get out of jail. Bond is the money someone else pays to get you out (usually a bondsman). Here are several bond and bail options:

• Citation bond. This means you are not taken into custody. When you sign acknowledgement of a court hearing, or requirements to resolve your case, you are actually making a promise to comply. This is usually reserved for low-level traffic offenses. No cash will be required but, know that if you fail to do as promised a bench warrant can issue for your arrest and then cash bond will be required;
• Recognizance bond. You will be arrested. The court can allow you to be released on your own recognizance (i.e. your promise to return). Oftentimes referred to as an OR, PR or signature bond. Meaning you simply acknowledge the next court date and promise to return to all required hearings. No cash required. This is typically reserved for first time offender & low-level misdemeanor crimes. The court will also consider other factors (related to you likelihood to return to court) before granting such a bond;
• Standard bail. The court will set the amount required for you to be released. If you bail yourself out you must pay the full amount set by the court. Generally speaking this is an affordable option when your bond is related to past due child support, unpaid fines, traffic tickets or other low amount bails. Different than bonds, you give the Court cash promising to return, and if you make all required appearances, you get all of your money back (sometimes less any ordered fines or fees). If you don't return it will not be refunded;
• Standard bond. This is the most common and fastest bond method. The amount required for you to get out of jail, whether you bond or bail, is the same. However, the amount that must come out of your pocket is less if you use a bondsman. Their fees and requirements can vary. The third party (ex. bondsman) fees start around 10% of the bond, and they put up the remainder of cash to promise your return. Unlike if you bailed yourself out, bondmen do not return the money you paid them but;
• Surety bond. Sometimes you may be bonded by a bondman who has taken a loan from a company to pay your bond. The amount of cash is the same for the courts but the amount you may be asked to pay, or other things you may be required to get (ex. have a Kansas resident sign documents saying that they will ensure your return, etc.) may increase. The primary difference between this and the standard bond is who is involved in the risk; 
• Property bond. Where your flight risk or bond is high, your charges are great, you have had prior failures to appear or escape charges, etc. you may be required to provide property (ex. home, land, car, boat, etc.) to be bonded. This type of bond takes longer than the others because the bondsmen will have confirm that there is a clear title or deed and the ability to take lean against it. You can expect this to be coupled with a cash payment. Should you do as required you will likely have the property released back to you but not the cash;
• Federal and Immigration bonds. These are two of the most difficult bonds to secure. Each also has particular requirements and nuances. For that reason it takes the longest to be bonded when facing Kansas federal charges and when charged while you have an immigrant status; and
• No bond holds. You can be held without bond for many reasons; however, it is a very rare day that this last through the duration of your case(s). Most often this is seen where there are probation/parole violations, extradition orders, immigration hold, crimes against the government, out of state warrants, etc.. Even if you have bond set in on other matters this will supersede those and prevent your release. 

Tip: Not only do you have Kansas and United States Constitutional rights to bail, you have the right to reasonable bail. 
Now that you know about Kansas bonds and bails you may be wondering if you need an attorney. You do! In fact, the amount of bond, the conditions of bond and terms of your release (especially in sex crimes and domestic violence cases) can only be argued if you know what those are. Additionally, if you wish to seek a reduction in bond you must either file a formal motion or make oral arguments directly to the court. The decision will be made by the judge based on case precedent not your opinion. 

Have more questions? Call Attorney T. Morton NOW 913-602-7288. Payment plans are available.