How Does Bond Work In Kansas?
In Kansas, a bond allows a defendant to be released from jail before trial while guaranteeing that they will appear for all court hearings. After an arrest, a judge sets a bond amount based on the seriousness of the charge, criminal history, and flight risk. The defendant can post this amount directly to the court or hire a bail bondsman to post it on their behalf. Once the case concludes, the bond is discharged or refunded if all court appearances were made. The system balances the defendant’s right to freedom before trial with the need to ensure accountability and public safety.
How Bail And Bond Are Set In Kansas
After a person is arrested, they go before a judge for a bond hearing or arraignment. The judge determines the bond amount using factors such as the nature of the crime, prior record, and risk of fleeing. Kansas law gives judges wide discretion to set bail but requires that it not be excessive or punitive. For minor charges, a bond may be preset according to a county bail schedule, while serious felonies require a personal hearing.
- Low-risk offenses – May qualify for release on recognizance or a low cash bond.
- Moderate offenses – Often result in bonds between 1,000 and 25,000 dollars.
- Severe felonies – Can result in bonds ranging from 50,000 dollars to several hundred thousand.
Types Of Bonds In Kansas
Kansas recognizes several bond types that depend on the case and financial situation of the defendant. Each serves the same purpose, to ensure the defendant returns to court.
- Cash bond – The full amount is paid directly to the court. It is refunded at the end of the case if all court dates are met, minus any fines or fees.
- Surety bond – A licensed bail bondsman posts the bond for a non-refundable fee, usually about 10 percent of the total bond amount.
- Property bond – Real estate or other assets are used as collateral to guarantee the bond.
- Personal recognizance bond (PR bond) – The defendant is released without paying money but must sign a written promise to appear.
- Personal surety bond (PS bond) – Similar to a PR bond but may include conditions such as supervision, check-ins, or monitoring.
Conditions Of Release
When a defendant is released on bond, they must follow all conditions set by the court.
- Attending all court hearings.
- Staying within Kansas or a designated area.
- Avoiding contact with victims or witnesses.
- Submit to drug or alcohol testing if ordered.
- Not committing new offenses while on release.
Violating any condition can result in bond revocation, additional charges, and return to custody.
What Happens If The Defendant Misses Court
If the defendant fails to appear for a scheduled hearing, the court issues a bench warrant for arrest and may forfeit the bond. For cash bonds, the court keeps the full amount. For surety bonds, the bail bondsman must pay the court and can pursue repayment or seize collateral from the defendant or co-signer.
When The Bond Is Released
At the conclusion of the case, the bond is exonerated. If a cash bond was posted, it is refunded to the payer, minus court costs or fines. If a surety bond was used, the bail bondsman keeps the fee, which is non-refundable, as payment for guaranteeing the bond throughout the case.
Can A Bond Be Denied In Kansas
Yes. Judges can deny bond in certain cases, especially those involving murder, violent felonies, or defendants who pose a serious flight risk. In these cases, the defendant is held without bond until trial or further court order.
In summary, bond in Kansas is a system that helps defendants stay free before trial while holding them accountable to return to court. Whether paid in cash, guaranteed through a bondsman, or granted through a personal promise, the purpose remains the same—to balance fairness, safety, and justice in the pretrial process.