In Kansas, as in many other jurisdictions, bail bonds work as a means for defendants to secure their release from custody while awaiting trial.
Here’s how the bail bond process generally works in Kansas…
1. Arrest and Booking – When a person is arrested in Kansas, they are taken into custody and booked at the local jail or detention facility. During this process, the individual’s personal information is recorded, and the charges against them are documented.
2. Bail Hearing – After being booked, the defendant may have a bail hearing before a judge. At this hearing, the judge will determine whether to grant bail and, if so, the amount of bail required for the defendant’s release.
3. Bail Amount – The bail amount is set based on various factors, including the severity of the charges, the defendant’s criminal history, and the likelihood of them appearing for future court proceedings.
4. Options for Posting Bail – Once bail is set, there are typically three options for posting bail in Kansas…
a. Cash Bail – The defendant or someone on their behalf can pay the full amount of bail in cash to the court.
b. Surety Bond – A bail bond agent, also known as a bail bondsman, can post a surety bond on behalf of the defendant. In exchange for a fee, usually a percentage of the total bail amount, the bail bondsman assumes responsibility for ensuring the defendant’s appearance in court.
c. Property Bond – In some cases, the court may accept property, such as real estate, as collateral for bail.
5. Bail Bond Process – If the defendant or their loved ones decide to use a bail bondsman, they typically pay a non-refundable fee, usually 10% of the bail amount, to the bail bondsman. The bail bondsman then posts a surety bond with the court, guaranteeing the defendant’s appearance at all scheduled court hearings.
6. Release from Custody – Once the bail bond is posted, the defendant is released from custody, pending resolution of their case. Nonetheless, they must comply with any conditions set by the court, such as refraining from committing further crimes and appearing at all court dates.
7. Court Proceedings – The defendant is expected to attend all scheduled court hearings until the case is resolved. If the defendant fails to appear in court as required, the court may revoke their bail and issue a warrant for their arrest. In such cases, the bail bondsman may also take steps to locate and apprehend the defendant to avoid forfeiting the bond.
8. Return of Bail Bond – If the defendant complies with all court requirements and the case is resolved, the bail bond is exonerated, and any collateral is returned to the bail bondsman. Yet, the fee paid to the bail bondsman is typically non-refundable, even if the defendant is found not guilty or the charges are dismissed.
It’s crucial to know that the bail bond process and regulations may vary slightly by jurisdiction, Don’t forget to consult with a local attorney or bail bond agent for specific information regarding bail procedures in Kansas.
