Can You Go On Bail For A Felony

Yes, you can go on bail for a felony in most cases, but it depends on the severity of the crime, your criminal history, and the court’s discretion. Bail allows a defendant to be released from jail while waiting for trial, under the promise to return for all court hearings. For many felony charges—such as theft, fraud, or nonviolent drug offenses—judges often grant bail with specific conditions. However, serious or violent felonies may result in higher bail amounts or complete denial of release.

How Bail Works In Felony Cases

Bail is money or collateral posted to guarantee that the defendant will appear in court. Once bail is paid, the defendant can leave custody until their trial date. Courts use bail to ensure accountability while allowing the accused to prepare a defense outside of jail. The bail amount for felony charges is typically higher than for misdemeanors because felonies carry more severe penalties.

In Kansas and most other states, the bail process begins at the first court appearance, known as an arraignment. The judge reviews the charges, determines bail eligibility, and sets the amount based on several factors such as flight risk and public safety.

Factors That Determine Bail For A Felony

Judges consider a range of factors before deciding whether to grant bail and how much it should be:

• Severity of the offense – More serious crimes, like violent felonies, carry higher bail amounts or may result in denial.
• Criminal history – Defendants with prior convictions are often considered higher risks.
• Flight risk – Judges assess whether the person is likely to leave town or avoid future court appearances.
• Community ties – Having a stable job, family, or home can help lower the perceived risk and reduce bail.
• Public safety – If the offense involved violence or weapons, the court may deny bail to protect others.

When Bail May Be Denied

While most felony defendants qualify for bail, there are situations where judges can deny release. Common reasons for bail denial include:

• The defendant is charged with a capital offense, such as murder, where the penalty could be life imprisonment or death.
• The defendant has a record of skipping court or violating previous bail conditions.
• There is evidence the defendant poses a threat to victims, witnesses, or the community.
• The charges involve serious drug trafficking or repeat violent offenses.

When bail is denied, the defendant must remain in custody until the case is resolved or an appeal for bond is filed and approved.

Typical Bail Amounts For Felonies

Bail amounts for felonies vary widely based on the level of the crime:

• Low-level felonies (nonviolent) – Bail can range from $2,500 to $25,000.
• Moderate felonies – Charges like burglary or assault often result in bail between $25,000 and $100,000.
• Serious felonies – For crimes like armed robbery or homicide, bail may exceed $250,000 or be denied altogether.

Judges can adjust bail during hearings if new information arises, such as proof of employment, a clean record, or family responsibilities.

How To Post Bail For A Felony

There are several ways to post bail depending on your financial situation:

• Cash bail – Paying the full amount directly to the court. This money is refunded after the case ends if all appearances are met.
• Bail bond – Hiring a bail bondsman who charges a non-refundable fee, usually 10% of the total bail amount, to post bail on your behalf.
• Property bond – Using real estate or valuable assets as collateral instead of cash.
• Release on recognizance – Being released without payment, based only on a signed promise to appear in court (common for low-risk defendants).

Conditions Of Release On Bail

If bail is granted, the court may impose specific conditions to ensure compliance, such as…

• Obey all laws and avoid further arrests.
• Not contacting victims or witnesses.
• Submit to drug or alcohol testing if the offense involves substance use.
• Remaining within the state or checking in with a pretrial officer regularly.

Violating these conditions can lead to bail revocation and re-arrest.