Wichita Bail Bonds Blog

In Kansas, the amount of time someone can be held in jail before going to trial depends on the type of custody and the stage of the criminal process. The state follows rules for a “speedy trial,” which means the court must start the trial within a specific time frame. These rules are designed to protect the defendant from being held too long without a resolution to their case.

Time Limits for Speedy Trial

Under Kansas law, the time limits for how long a person can be held are based on their custody status…

• If the defendant is in jail: The state must begin the trial within 150 days after the arraignment
• If the defendant is out on bond: The time limit extends to 180 days after the arraignment

These deadlines apply unless there are delays caused by the defendant, the filing of motions, or other legal circumstances that extend the time legally.

When the Clock Can Be Paused

Even though the law sets time limits, several events can pause the countdown. These include…

• Continuances requested by the defense
• Pretrial motions that take time to resolve
• Questions about the defendant’s mental fitness
• Delays caused by witness availability or unforeseen events

These pauses are known as “tolling” the speedy trial clock. The clock resumes only when the delay is resolved.

Arraignment Is the Starting Point

The speedy trial time limit begins from the date of arraignment, not the date of arrest. Arraignment is the court hearing where the defendant is formally charged and enters a plea. This means that someone could sit in jail for a short period before the trial clock officially starts, depending on how quickly arraignment is scheduled.

Can You Be Held Longer?

In some cases, yes. If the court finds good cause to extend the deadline, it can approve additional time. This may happen in complex cases or when delays are beyond the court’s control. Also, if the defendant agrees to a continuance, the state is not held to the original time frame.

A person can be held in jail up to 150 days after arraignment in Kansas before trial begins, or up to 180 days if released on bond. These limits are designed to protect a defendant’s right to a fair and timely trial, but they can be extended when delays are justified. Understanding when the clock starts and how it can be paused helps clarify why some cases move faster than others through the court system.