Wichita Bail Bonds Blog

Murderers can sometimes be granted bonds because the U.S. legal system presumes every defendant is innocent until proven guilty. Bail or bond is a constitutional right under the Eighth Amendment, which ensures that defendants have a chance to remain free before trial unless they pose a serious risk to public safety or are charged with certain capital offenses. May it be someone accused of murder gets a bond depends on the laws of the state, the type of murder charge, and the judge’s assessment of risk.

Constitutional Right to Bail

The Constitution protects individuals from being denied bail arbitrarily. The purpose of a bond is not to punish someone before they are convicted but to make sure they appear in court. Even serious charges like murder do not automatically eliminate the possibility of bond unless the law specifically prohibits it or the judge finds strong reasons to deny it.

Capital vs. Non-Capital Murder Cases

Whether a murder suspect can get bond depends largely on how the charge is classified,

• Capital murder – This is the most serious form of homicide, often involving premeditation or special circumstances such as killing a police officer or committing murder during another felony. In Kansas and most states, capital murder defendants are usually not eligible for bond because the potential penalty is life imprisonment or death, making them a high flight risk.
• Second-degree or non-capital murder – In cases where the killing was not premeditated or does not qualify as capital murder, judges have the discretion to set a bond. The bond amount is typically very high, sometimes in the range of hundreds of thousands or even millions of dollars.

Judge’s Discretion & Risk Assessment

Judges consider several factors when deciding whether to grant bond to someone charged with murder,

• The seriousness of the offense
• The defendant’s criminal history
• The likelihood of fleeing before trial
• The threat to public safety or to victims
• The strength of the evidence against the defendant

If the judge believes the person will not appear in court or poses a significant danger, they can deny bond entirely or set it at an amount so high that release becomes unlikely.

Purpose of Setting Bond

Setting bond is not the same as releasing someone automatically. It simply establishes an option for release under financial or supervised conditions. For example, even if a defendant is granted a $1 million bond, they must still find a way to pay 10% of that amount or use a bail bondsman, which can be extremely difficult.

Murderers may receive bond because the law presumes innocence until guilt is proven. Judges can still deny bond in capital cases or when a defendant is considered dangerous or a flight risk. When granted, the bond amount is typically very high to ensure the defendant appears in court.