- 4 Ways to Get Out of Jail
Own recognizance – This is a decision to be made by the judge. Generally, the defendant must live reasonably close to the court – perhaps not the same county but not across the state. No bail is set and no money is required to be released under OR.
Cash bond – The full amount of the bail must be paid by either the defendant or a co-signor acting on behalf of the defendant. If the defendant shows up for all court hearings, the entire amount of the cash bond – minus any administrative fees or court costs – is returned. This is most commonly used with misdemeanor crimes with fairly low bail amounts.
Surety bond – When a defendant cannot afford a cash bail, a surety bond is usually the next option. Under the surety bond arrangement, the defendant or co-signor need only put up 10 percent of the bail to a licensed bail bond agent. The agent then guarantees the entire amount of the bail to the court. In some cases, the bail bond agent will require the defendant or co-signor to put up collateral that will be seized if the defendant does not show up to all scheduled court hearings. In Kansas, state law allows bail bond companies to keep that 10 percent premium as the cost of doing business.
Property bond – Strictly speaking, a property bond involves turning over the title of home or other property in other to guarantee the entire amount of bail. When a defendant or co-signor is asked by a bail bond agent to put up property as collateral, this is not a property bond. The court receives a lien on the property, which must be located within the state of Kansas. The equity ownership in the property must be at least equal to the amount of the bail set by the judge.
- How to Get Bail
Most commonly, the bail process in Kansas begins after a defendant is booked into jail and is allowed a phone call. The call can be directly to a bail bond agent or to a family member or friend who contacts the bail bond company – assuming the defendant doesn’t have sufficient cash to post bail. That phone call triggers a background and financial check, along with the paperwork required to post bail. In some cases, the entire process can be conducted over the phone.
- What Will Bail Cost
The bail premium is set by law in Kansas at 10 percent of the amount of bail. If bail has been set at $10,000, a bail bond company can only charge $1,000 to the defendant or to a co-signor. It’s possible that some bail bond companies will offer payment plans, particularly for higher bail amounts.
- How Long Will I Stay in Jail
That varies based on when the defendant is arrested and the charge involved. In Kansas, there are preset bail amounts for a variety of crimes, particularly misdemeanors. With a preset bail, there’s no need to wait for an arraignment – when bail is set for more serious crimes. That means it’s possible to get out of jail once the booking process has been completed and cash has been posted or a bail bond agent has been contacted. However, an arrest late at night or on the weekend can often require a wait until at least the next morning. For arrests during the day, the wait for the bond to be completed is usually 2 to 4 hours. When the crime is more serious, the defendant usually waits the next business day for the arraignment. Another wait is possible if the bail amount is too high for the defendant to afford. A bail hearing usually occurs within 24 hours of the arraignment.
- What if I Miss a Court Appearance
A series of actions are initiated once a defendant misses a court appearance. If a cash bond was posted, the entire amount is taken by the court. If a surety bond contract was used, the bail bond company pays the entire amount of the bail to the court and seeks reimbursement from the defendant or a co-signor. Any collateral that was required for the bail is seized by the bail bond company, which also will generally attempt to locate and bring the defendant back to court and request the bond amount seized by the court. On the criminal side, the court issues a bench warrant on two charges – the original offense and failure to appear.
This article is for informational purposes only. If you need legal advice you should visit an attorney.