Guide To Bail Bonds in Kansas
Once a person is charged with an alleged offense and confined, he or she may be able to get out of jail before the criminal case begins. Based on the severity of the alleged offense and the probability that he or she will commit additional crimes once out of jail, a criminal defendant may be able to get out of the custody by obtaining a bond or posting bail. Kansas is quite a typical state in the US when it comes to how bail bonds process work.
What are Bail Bonds & How They Work?
A bail bond is a type of surety bond where a criminal defendant pays money to the court before the end of the criminal case. This money guarantees that he or she will return to the court for the rest of a trial without the necessity of keeping them in custody while the trial lasts. A bail bondsman consigns the bail bond and charges the arrestee a fee in return for ensuring the payment.
We have an FAQ on bail bonds.
What’s the Difference Between Bond & Bail?
While bail and a bond normally go hand in hand, they are not the same thing. The difference between bond and bail boils down to the source of money, i.e. who is securing the defendant’s freedom. If you or your family pay bail, it means that you have been bailed out. Bail is the money you must pay to the court to get out of jail before the criminal case ends.
A bond is a guarantee that you will return for the remaining parts of the criminal trial whenever required to do so. A bond is posted on your behalf, typically by a bail bond agent or company, to secure your release from jail.
Who Are Bail Agents?
Bail bondsmen are called bail agents in Kansas. A bail agent is a person who assists defendants in obtaining their release from jail (when bail is possible).
Do I Get Bail Money Back if Guilty?
The premium you pay in Kansas is usually 10 percent of the total bail amount. Kansas law doesn’t allow the bail bond agent to charge more than 10 percent of the total bail amount. For example, if the bail is set at $15,000, then the bail bond agent can charge you max $1,500. This is a fee for the bail bond agent’s services and it is non-refundable. The bail money is paid to the court until you appear in the court (or fail to appear). If you appear in the court, your bondsman gets the money back. If you don’t appear in court, the court keeps the money. You can learn more about getting your bail money back if found guilty here.
In short, if you went through a bail agent, you will not get your money back if guilty because the percent of the total bail amount you paid is non-refundable. However, if you paid bail yourself, you will get your money refunded.
Do You Have to Pay Back a Bail Bondsman?
After you have paid the initial 10%, you don’t have to pay anything else unless you miss court.
To post a bail bond in Kansas, you are required to pay 10 percent premium as a service fee to your bail agent. The Kansas state law allows bail bond companies to keep that amount at the cost of doing business. If you do appear in the court, upon a conclusion of the court case, the bail bond is dissolved. The collateral is returned to the person who posted it and the bail bondsman keeps the 10 percent fee as a profit. See more on paying back a bail bondsman.
What Happens if You Violate Bail Conditions?
If you violate the conditions of the release in any way, you might forfeit the money paid. Also, you have to secure a loan with your possessions such as a house or a car (collateral) and to pay a set fee, which is usually 10 percent of the bail amount.
What Happens if You Don’t Pay a Bail Bondsman?
Just like a bank loan or any other loan, you are required to pay bail agent the fee, regardless of what happens with your case. Otherwise, you will have a lawsuit against you and likely bounty hunters looking for you, your friends and family or co-signer to find you and get the payment from you.
While the bail bond company cannot put you in jail for not paying the fee, they may sue you to get the money you agreed to pay.
How Much Does a Bail Bondsman in Kansas Make?
A bail agent’s salary in Kansas typically ranges between $33,000 and $42,000. How much a bail bondsman in Kansas will make mostly depends on their education and certifications, the city they work in and years they have spent in profession.
Does a Bail Bondsman in Kansas Need License?
Recently, yes, they do. A bail bondsman in Kansas needs to be licensed by the state.
What Is The Difference Between a Bail Bondsman & A Bounty Hunter?
Although a bail bondsman and a bounty hunter work closely together, these are different professions. A bail bondsman is a person who pays bail to the court on the behalf of a defendant, to help that person get out of jail before the end of the criminal case.
Since the arrestees often fail to appear in court, bail bondsman hires a bounty enforcement agent, also called a bounty hunter or skip tracer to help track, locate, and return fugitive offenders to the criminal justice system. In other words, bounty hunters assist bail bondsman in ensuring that the defendant shows up in court.
How Long Does It Take to Become a Bounty Hunter in Kansas?
Bail enforcement agents in Kansas must obtain a license from the Kansas Attorney General. It will take you around 30 days to become an officially licensed bounty hunter in Kansas.
How Much Do Bail Bond Bounty Hunters Make?
Bounty hunters do not get paid an hourly wage, so they do not make a salary in the traditional sense. Most of the bounty hunters in Kansas are paid by bail bondsmen; they make their salary through fees collected from each defendant they bring to justice. On average, bounty hunters in Kansas make around $55,000 annually.
How Much is Bail for Simple Assault in Kansas?
Assault penalties in Kansas for simple assault is around $500 while bail depends on various factors in the specific case.
What is the Most Common Type of Bail?
In addition to a professional bonding company or bondsman, there are three other most common types of bail bonds: own recognizance, cash bond, and property bond.
- Own Recognizance
This is a no-cost bail where you don’t make a payment but sign a form stating your promise to appear in court as required. Own recognizance is usually available for minor misdemeanor offenses.
- Cash Bond
Cash bond means paying your bail in cash.
- Property Bond
This type of bail bond posts the value of the tangible property, such as your house, to be released from jail before trial.