After an arrest, a defendant will be arraigned before a judge typically within 72 hours. During arraignment, the judge will hear charges, the defendant’s plea and set bail. Bail bonds in Kansas require some form of appearance provision, which is a written agreement that the defendant will appear before the court at their assigned court date.
3 Forms of Typical Bail Bonds
- Cash or Surety: Cash or surety bonds allow the defendant – or their friends or family – to either pay the full amount of the bond to the jail or contract a bail bond agency at 10% of the total bond.
- Cash-Only: Cash-only bonds require the defendant to pay the full amount of the bond in order to be released from jail. Bail bond agencies cannot assist with cash-only bonds.
- Own Recognizance (OR): Being released on “your own recognizance” means a defendant has signed a contract with the court to appear at all court dates or be required to pay the full amount of the bond.
Each of these forms of bail bonds comes with that appearance provision.
For example, if you are arrested and charged with a DUI, the judge might set your bond as $2,500 cash or surety. In order to be released from jail, you must pay the $2,500 in cash – or, in some cases, you can call a bail bond agency to pay the $2,500 on your behalf while you pay the bondsman 10%, or $250, of the bond. When released, you enter a legal contract to appear for your court appearances.
So, what is an appearance bond? An appearance bond does not refer to how or who a defendant pays – or even if they pay at all. An appearance bond simply guarantees the appearance of the defendant at scheduled court hearings, including sentencing.
Unsecured and Secured Appearance Bonds
Appearance bonds can be “unsecured,” which means the defendant does not have to pay upfront to be released. Instead, they are released OR (or “your own recognizance”).
This type of stipulation may be granted by a judge if the arrest stems from a minor crime, including but not limited to:
- Cybercrimes, such as bullying
- DUIs
- DWIs
- Minor drug offenses, such as possession
- Minor sex crimes, such as indecent exposure or solicitation
- Petty theft, such as shoplifting
- Resisting arrest
- Simple assault or simple battery
- Trespassing
- Vandalism, such as graffiti
Judges also take into account whether or not the defendant is a danger to themselves or the public as well as their prior criminal record and employment status.
Defendants with arrests connected to more severe criminal charges, such as domestic violence, or defendants with a criminal history, especially a record of “jumping bail,” will not be given an unsecured appearance bond. Instead, they will either be denied bail or given a secured appearance bond, which refers to the cash or surety bonds bail bond agencies can assist with as well as the cash-only bonds that agencies cannot assist with.
If you or a loved one need bail bond services after an arrest, Owens Bonding Co. is available 24 hours a day, seven days a week, serving 75 counties across Kansas. We can help anyone eligible for a bail bond. Call us at (866) 830-BOND (2663) or find an agent near you.