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Home > How to Post Bail in Kansas: 5 Things to Know

How to Post Bail in Kansas: 5 Things to Know

Most states in the country have regulations for bounty hunters. Kansas is one of 15 states that has no laws in that area. That allows someone like T.J. Sembre, a defensive lineman for the Kansas Jayhawks college football team in 2015 to have spent several years working as a bounty hunter, in part because there are no licensing requirements. Most of the authority for bounty hunters actually comes from an 1872 Supreme Court case in which bounty hunters were allowed to pursue a defendant into another state, arrest him on the Sabbath and enter a house for that specific purpose. Before worrying about bounty hunters, here are 5 things to know if you need to post bail in Kansas.

 

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

Helpful Articles

How to Post Bail in Kansas: 5 Things to Know

Most states in the country have regulations for bounty hunters. Kansas is one of 15 states that has no laws in that area. That allows someone like T.J. Sembre, a defensive lineman for the Kansas Ja...more

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