WICHITA, Kan., Dec. 19, 2024 -- If you're an avid viewer of courtroom dramas and legal television shows, you're probably familiar with the concept of bail. But how exactly do courts establish these bail amounts? And why do they vary so significantly from defendant to defendant? Our criminal defense attorneys in Wichita at the McConnell Law Firm are here to break it down for you. Keep reading to find out what specific factors are considered when determining bail amounts!
What Is the Purpose of Bail?
Generally speaking, bail is a tool used to ensure that a defendant returns for upcoming court proceedings. By paying the set bail, the defendant secures their release from custody while awaiting trial, provided they adhere to court-mandated requirements. This is often the preferred alternative for individuals who have the means to post bail, as they don't have to wait in jail until their trial date.
What Is a Bond Hearing?
A bond hearing is the initial legal proceeding in which a judge will set a bail amount. This hearing occurs shortly after a defendant has been arrested and made aware of the charges pressed against them and provides an opportunity for both the prosecution and the defense to make arguments regarding bail. If the defendant is deemed dangerous, the prosecution may argue for higher bail (or no bail at all). By the end of the hearing, a judge will determine a monetary bond amount and may impose specific conditions, such as regular check-ins or travel restrictions while the case is pending.
Understanding Different Bail Types
While Kansas does not enforce uniform bail schedules statewide, courts may have guidelines for setting bail amounts based on offense types. These schedules serve as a starting point; however, judges have the discretion to adjust amounts depending on the circumstances of the case, potential flight risks, and the defendant's past criminal history. The most common types of bail in Kansas include:
Cash Bonds—The full bail amount is paid in cash and refunded after the case is resolved, provided the defendant complies with all court orders.
Surety Bonds—A bail bond company guarantees the full bail amount for a non-refundable fee (typically 10 to 15 percent of the total).
Own Recognizance (OR)—In some cases, judges may release defendants without requiring payment, based solely on their promise to appear in court.
What Happens If Bail Conditions Are Violated?
A defendant is not out of the woods after posting bail; failure to comply with all bail conditions set forth by the judge can ultimately result in the forfeiture of the original bail amount. If the bail is forfeited, the release will be revoked, and a bench warrant for the defendant's arrest will be issued.
"Navigating the bail process can be incredibly confusing for defendants, especially without legal representation," said Jonathan W. McConnell, founding criminal defense attorney at the McConnell Law Firm. "Between the legal jargon, understanding the various bail conditions, and navigating such a stress-inducing situation, the process can feel overwhelming. An attorney can provide clarity, ensure you understand your options and the potential consequences of each decision, and help to secure a fair and manageable bail arrangement."
Have You Been Accused?
If you are facing criminal charges, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a criminal defense attorney in Wichita about the specifics of your case, it is always in your best interest to have a skilled defense lawyer by your side from the beginning.
Request a Free Consultation
Do you or a loved one need the assistance of a criminal defense attorney in Wichita? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.
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