Bail is a federal process by which individuals, known as “defendants” in the criminal justice system, are released from jail after arrest and before trial. A bail bond is one way to pay the cost of bail. If you or a loved one are arrested, you will want to understand how bail bonds work.
Depending on the type of bail a judge assigns, getting out of jail before trial can come at a cost. This monetary cost acts as an insurance policy to guarantee a defendant shows up for their court date – or risk forfeiting their money and property.
In Kansas, individuals are considered bailable – or “released pending preliminary examination or trial” – except in capital offenses where the evidence is sufficient to hold the accused without bail, such as in murder cases or with evidence that the individual is a risk to themselves or the community.
While bail is constitutionally mandated not to be excessive, coming up with enough money to pay the entire face value of the bond can be daunting, which is why we offer bail bond services.
The Bail Bond Process
The bail and bonding process begins upon arrest and lasts throughout the individual’s court proceedings.
- Police Custody and Booking: After an arrest, an individual will be taken into police custody, booked into jail, and held until a judge determines the terms of release.
- Bail Proceedings: During a preliminary hearing, a judge will set the terms of bail – whether releasing an individual on their recognizance or assigning an amount of money to be paid as the insurance policy for appearing before the court as scheduled.
- Posting Bail: Once the bail amount and terms are set, the individual can cover the cost and agree to the terms. If they cannot “post bail,” they will remain in custody until the next court date.
Because court dates and trial proceedings can take weeks or months to occur after the initial arrest, posting bail becomes a critical component of getting out of jail while awaiting trial.
In eligible bail cases, bail bond agents can cover the cost of bail at just 10% of the total cost to the individual. Terms and conditions apply, such as collateral and showing up for court dates. If an individual misses a court date or violates other terms of the bail agreement, bail is forfeited, and they’re sent back to jail.
In other instances, bail bonds might not be available – specifically in terms of cash-only bonds. A cash-only bond requires the individual to pay the total cost of the bond upfront to get out of jail. Bail bond agencies cannot assist with cash-only bonds.
Why Use a Bail Bond Agency
The final step in how bail bonds work occurs after the court case ends when the individual or the bail bond agency gets their money back. However, getting money back is not always the case, so understanding the bail bond process and the risk of posting bail is crucial.
Regardless of the trial’s outcome – whether all charges are dropped or the individual is sentenced – bail money will be applied to court fees.
For anyone who does not have access to thousands – and sometimes tens of thousands – of dollars, bail bond agencies like Owens Bonding fulfill an important role. Owens Bonding pays the court the total amount of the assigned bail at just 10% of the cost to the individual. After the court case ends, Owens Bonding keeps the 10% non-refundable fee and hopes to get the remaining money back when the defendant upholds their bail terms.
To learn more about how bail bonds work or to get yourself or a loved one out of jail fast, contact Owens Bonding at (866) 830-BOND (2663) or find an agent near you.