Author Archives: Owens Bonding Co.

Do Misdemeanors Add Up to Felonies?

misdemeanor and cuffs

Just how bad is a misdemeanor?

In Kansas, or anywhere, being arrested isn’t anything to take lightly, even on a misdemeanor charge. Once you’re arrested, that creates a criminal record that stays with you. Even though a ‘misdemeanor’ charge isn’t as serious as a bank robbery or a murder, that criminal record can affect your future employment and more. 

Under the state of Kansas criminal law, a person arrested for a criminal offense will have their charges categorized as either a felony or a misdemeanor. With each of those categories, there are sub-classifications which under the  misdemeanor category, they are basic and simple. 

However,  knowing the possible sentences for a misdemeanor charge doesn’t necessarily mean you can determine the outcome of your case. An experienced defense attorney can analyze your case to create the best defense for the best outcome. A defense attorney that has practiced in Kansas courts will have knowledge of the tendencies of the judge assigned your case.

In the misdemeanor classification, the state of Kansas has them divided into the three subclassifications as follows: 

  • Class A Misdemeanor: Possible sentencing up to one year jail time. Crimes can range from a 2nd DUI, marijuana possession, shoplifting/theft.
  • Class B Misdemeanor: Possible sentencing up to six months jail time. Crimes can range from DUI, criminal proper damage up to $1,000 value, driving on suspension.
  • Class C Misdemeanor: Possible sentencing up to 30 days jail time. Crimes can range from hit and run with results of property damage. 

The bail for misdemeanor charges stated will be determined by the judge at arraignment time. When a defense attorney is hired by the defendant, they will typically post bond and schedule an appointment with them to review the case and create a defense plan. 

What kind of charges are misdemeanors?

Misdemeanor offenses in Kansas are a wide range with Class C Misdemeanor being the less serious, Class B Misdemeanor a step in seriousness, and Class A Misdemeanor, the most serious. Those charges can include: 

  • Battery
  • Disorderly Conduct
  • Harassment
  • Property Crimes

It is the results to the victim that determine the seriousness of how the charges will be classified. While battery is a Class B Misdemeanor, if the victim is a school official, it automatically becomes a Class A Misdemeanor. The resulting penalties are increased and more severe.

Is there bail for misdemeanor?

Misdemeanor with bail will vary regardless of the misdemeanor classifications A, B, C, or unclassified. Typically, Misdemeanor bail amounts are lower than the bail for felony charges, with an average range starting at $500.00 and as high as $1,000.00. The bail will depend on the several factors including but not limited to the following: 

  • The misdemeanor offense
  • The defendant’s standing in their community
  • The defendant’s age
  • The defendant’s employment status
  • The defendant’s criminal history

The courts review these factors and assess the whole picture to determine whether the defendant will return for their court date. As with any arrest, a bail is issued to encourage the defendant to appear at all court dates. 

Do you need an attorney for a misdemeanor?

It is your right to have legal representation and as the Miranda Rights state, if you cannot afford an attorney, the courts must appoint one to you. A person arrested should keep in mind that regardless the level of conviction in the state of Kansas, it will have a negative impact on their life. 

Anyone that has been arrested and charged should seek legal representation, even with a misdemeanor charge. The legal representation can assist with navigating the legal system and often get the charges reduced or even eliminated. 

arrested individual

How many misdemeanors equal a felony?

For a misdemeanor charge to become a felony charge, it isn’t based on the ‘misdemeanor’ classification, but the type of crimes committed.  A prior conviction for any following that were classified a misdemeanor and has happened repeatedly, will allow the courts to change the misdemeanor to a felony: 

  • Domestic Violence
  • Retail Fraud (shoplifting, theft)
  • Drunk Driving or Driving Under the Influence

The judge will use other factors to determine if a misdemeanor charge should be upgraded to a felony, including misdemeanor or felony bail is required, if any bail is set at all. As mentioned earlier, other factors a judge will use to make their decisions on misdemeanor charges, or any class of charges, will be based on: 

  • The misdemeanor offense
  • The defendant’s standing in their community
  • The defendant’s age
  • The defendant’s employment status
  • The defendant’s criminal history

It is important to realize that every category of crime will have certain exceptions. However, there are special circumstances that a Judge can use to decrease or increase the classification and sentencing. One example would be a sentencing of felony prison can be reduced by the Judge if mitigating circumstances are presented to the Judge. Need help with bail in Wichita, KS? Call 866-830-2663 today.

What is a weapon offense?

concealed gun

Regarding weapons charges

In 1993, across the country, approximately 2% of all arrests were for weapons offenses. What does weapon offense mean in the state of Kansas? A weapons offense is when a person is found to be in violation of statutes or regulations that are I place to control possession of a deadly weapon.  Ammunition, explosives, firearms, certain knives, and explosives fit the protocol for weapons charges

Being arrested on weapons charges is a serious matter at any level and one that you want to hire a defense attorney immediately. A weapon offense charge could be the possession of the items listed above or they could be cited and arrested for offense deadly weapon. Both are serious and both will leave a person with a criminal record. 

What is illegal possession of a firearm?

American’s Second Amendment right to bear arms is a controversial topic all around the world, and in the state of Kansas, there are advocates and critics like everywhere else. One group praises the firearm laws in Kansas and one group is critical of those same laws. What is right and what is wrong are strong opinions, but the law reads what it reads, and law enforcement must adhere to those laws and make any arrest for weapons charges as they see fitting. 

At this time, in the State of Kansas, if a person is found in possession of the following weapons, they will be arrested and face weapons charges: 

  • Shotguns with barrels shorter than 18 inches
  • Automatic weapons
  • Handgun cartridges loaded with plastic-coated bullets and cores weighing under 60% lead
  • Silencers
  • Spring gun traps

Having any of the above aren’t the only way to find yourself arrested under weapons charges. Other factors that can find a person facing weapons charges are: 

Any minor under the age of 18 years old is not to have possession of a gun with a shorter than 12 inches except under these situations: 

  • Enrolled and attending a gun safety course
  • Legal target shooting at a range
  • Hunting
  • Participating in an organized gun competition
  • In their home with parental or legal guardian knowledge and permission

The following groups of people can face weapons charges if they are found in possession or in ownership of any gun: 

  • Addict or illegal use of control substance
  • Mentally ill 
  • Convicted felons under criminal possession under felon statue within five to ten years

Weapons charges are possible following the gun laws for schools forbid having possession of a firearm on or close to any school grounds that house K through 12 grades with the exception of law enforcement official or a school employee that has permission by school district. 

What is a prohibited weapon?

There are federal laws that can bring weapons charges against a person, and there are state laws that can limit a citizen’s ability to carry or possess specific weapons in specified situations.  A person found to be in possession of any weapon prohibited by state or federal law can be charged with weapons charges. Examples: 

Weapons. Each state will have a list of firearms or other weapons prohibited for citizens to possess in addition to any weapon prohibited by federal law.  Among those weapons typically listed are: 

  • Explosives
  • Gas guns
  • Switchblade knives
  • Exploding projectiles
  • Brass knuckles
  • Short-barreled shotguns
  • Firearms with silencers.

Possession. Whenever a person is found to be carrying a weapon on their person, in their home or vehicle, can face weapons charges, even if the weapon isn’t in their hand or on their body. For weapons charges to ‘stick’ in a court of law, the prosecution must prove the accused had control or sphere of influence over the suspected prohibited weapon.

Exceptions. While specific weapons are prohibited in all states, there are exceptions to these laws. One possible exception is that persons allowed to carry any of these weapons in a certain situation, such as museum display or public exhibition. Or using explosive in a proper manner in a commercial or industrial setting.

Can you get probation for a gun charge?

No, a person with weapons charges will not be eligible for probation in pursuant to the applicable statutes of the State of Kansas.

Can I own a gun while on probation?

This can vary from state to state, and it can depend on what the crime that you’re on probation for or if your probation states you are not allowed to own or possess a firearm. In any weapons charge scenario, owning or possessing a firearm is forbidden. Like any other stipulation of a probation, if you’re caught with possession of a firearm, you’ll be in violation and arrested on those violations and possibly facing weapons charges. 

Can gun charges be dropped?

Weapons charges can be dropped like any other criminal charges before or after the weapons charges have been filed. These weapons charges being dropped will need to be agreed upon by the prosecutor who will recommend to the courts the charges be dismissed.  The court can agree or disagree with that recommendation.  The courts can also drop the charges without the prosecution’s recommendations if they find the case has no validation.

arrested after weapons charges

Weapons Charges: A Serious Offense

If weapons charges are so serious, why would a judge dismiss a case? There could be several reasons a judge would drop a case for weapons charges.  Two reasons could be:

• Proven innocent in a trial;
• A plea bargain in exchange for a lighter sentence;

Prosecutors do not like to be proved wrong, so, while it is possible for a defense attorney to convince the prosecutor to dismiss or drop weapons charges, it is challenging. Some possible causes for the charges to be dropped could be any of the following:

  • Insufficient Evidence 
  • Illegal Evidence
  • Clerical or Procedural Errors

When you need help with your bail situation, Owen's Bonding Co. can help. We offer expert service for weapons charge bail in Wichita, KS. Call 866-830-2663 today.

What is an Appearance Bond?

handcuffs and gavel

Learning about appearance bonds

Being arrested is not something that should be taken lightly.  Regardless of what the charges are, what may seem like a minor issue could develop into a larger problem, requiring bail bond and lawyers. We are going to discuss appearance bonds today, but first, let’s clear up any confusion and describe what is an appearance bond.  

An appearance bond will be ordered by a judge, releasing the defendant from custody until they are required to appear before the court . An appearance bond can be secured or unsecured as determined by the judge. 

So, do you have to pay for an appearance bond? If the judge order an unsecured appearance bond, no.  An unsecured appearance bond is the same as a being released on your own recognizance, meaning you are released from custody without bail. An agreement will be signed by the defendant with the court clerk stating that the defendant will appear at all court appearances as required. 

Is an appearance bond bad? 

Being arrested is the bad part of the situation that has anyone in the position of being granted an appearance bond or personal recognizance bond. Once a person is arrested and arraigned, if the judge grants an appearance bond, this mean the defendant is released from custody.  In most cases, an appearance bond is unsecured, meaning no money is needed.  Some appearance bonds may require a security, meaning money will need to be paid to the court clerk. 

 How does an appearance bond work?

There isn’t any difference between a bail and a bond in practical terms. Both are a guarantee that the defendant will appear in court as ordered. The bond is signed by defendant showing they understand and agree to the requirements. An appearance bond is treated the same way any other bond is handled. 

What is a secured appearance bond?

When a judge grands a secured appearance bond, the defendant must pay the amount determined by the judge in order for the appearance bond to be released to the court clerk. A secured bond can be obtained by one of two ways: 

  • Pay the full amount dictated by the judge.
  • Pay a partial amount with an agreement to pay the balance by certain time. 

An unsecured appearance bond will require the defendant to sign a promise they will pay the full amount at a later date and appear before the courts as required in the meantime. 

What is a cash appearance bond?

When a judge issues a cash bond, this means the full amount of the bond must be paid in cash to the court clerk. This cannot be done through a bail bondsman.  The court clerk will give the defendant a receipt and the money is held by the court once the case against the defendant has gone to court and is completed. 

What is the difference between a bond and bail?

When a person is arrested, the judge will “set” bail and the defendant must pay that amount before they can be released. Otherwise, they stay incarcerated until the court date and based on the outcome, they are free to go or returned to jail. 

A bond is where a bail bondsman posts the required bail on behalf of the defendant, securing their release from jail. If the defendant fails to appear at any court ordered dates, or violates any conditions that the judge established, the bail is forfeited. If the defendant “skips town”, the bail bondsman will hire a bounty hunter to find them and bring them to the courts, where they will be arrested and returned to jail. 

Can you pay an appearance bond from jail?

Yes, any person under arrest can bail themselves out once the judge has set the bail amount.  Whether they bail themselves out, have a family member or friend post bail, or use a bail bondsman, the same three process will take please.

gavel

Are bonds public record?

Yes, arrest records and bail bonds are both public records because they are filed with the court. Unless a judge declares that certain records are not to be made public, this information is available for anyone that is searching the records. 

The bail bond and bonding process can be complicated and confusing for anyone that has never had to deal with this type of situation.  You’re already concerned about the person that was arrested, but to get where you can discuss the situation with them, they need to be released from jail.  

An unsecured appearance bond is one of the best ways because it doesn’t require any money upfront.  The defendant must adhere to all requirements established by the judge or an arrest warrant could be issued, adding more problems to the situation. 

Of course, the easiest thing to do is stay on the right side of the law and you’ll never have to be concerned with an appearance bond or any other type of bond. However, a person could find themselves arrested without ever having broke the law to their knowledge. Call 866-830-2663 today.

How Long Do You Go to Jail for a Federal Offense?

federal offense

How Long Do You Go to Jail for a Federal Offense?

If you have recently been arrested for a federal offense, you will want to review your options pertaining to federal offense bail bonds. In the meantime, it is very important for you to understand the law of the land with regard to the jail term for a federal offense. In federal court, an individual will have to serve 85% of the sentence if convicted of federal charges. This means that if an individual is sentenced to ten years in prison, they will serve eight and a half years in prison. If, for example, an individual is convicted of a state felony conviction then they will only serve fifty percent of the total sentence.

What Happens When You Are Charged with a Federal Crime?

When you are charged with a federal crime, you should be aware that your crime is not being investigated by the state police. In actuality, your crime will have been investigated by federal agents such as the DEA or the FBI. Either of these agencies will make an investigation and an arrest. This will usually be done with the assistance of the state police. After the arrest is made, and the individual(s) are detained, court proceedings can begin.

What are the Most Common Federal Crimes?

Are you wondering what the most common federal crimes are? If so, please review the following bullet-pointed list to discover more.

  • Fraud
  • Bribery
  • Embezzlement
  • Money Laundering
  • Insider trading
  • Identity Theft

These examples of common federal crimes are only a few at the top of the list. Please be aware of the crimes in your state and country so that you can make proper legal decisions.

What Makes a Crime Federal?

Are you wondering what makes a crime federal? If so, it will be very important for you to review the proper legal terminology. A crime is deemed federal when it violates United States federal legal codes. It is also applicable when the individual carries criminal activity over multiple states. Examples include commercial fraud, wire fraud, and drug trafficking.

What is a Federal Crime vs State?

In terms of sentencing, it is important to recognize that there are some very definitive differences between federal versus state crimes. State or local courts are principally founded by the state. This is very different from federal crimes that involve certain violations of itemized federal statutes. These statutes can include mail fraud, immigration situations, violent crimes, drug trafficking, and more. You cannot be charged with the same crime in state and federal court due to an idea called “dual sovereignty.” 

What are Federal Offense Levels

If you are not aware of what federal offense levels are, then it is critical for you to understand that every federal crime that is a felony or a Class A misdemeanor has an offense level that is associated with it. According to the letter of the law, there are forty-three offense levels in the guidelines. The higher the level of the federal offense, the more severe the crime is considered to be. 

What is a Federal Offense in Canada

Each country is different as it pertains to the law and criminal offenses. In Canada, a person can be prosecuted criminally for any offenses that are found in the criminal code. This also extends to federal statutes containing criminal offenses. Examples of federal criminal offenses include murder, assault, theft, fraud, and property crimes like arson. Canadian offenses of a serious nature are indictable, and also encompass acts of terrorism, robbery, drug trafficking, and treason.

What is a Federal Offense Felony

In the US, a felony and a misdemeanor distinction are still quite relevant. The federal government defines a felony as a crime that is punishable by death or a jail term over one year. If the punishment for the crime is less than one year, then the crime will be classified as a misdemeanor. In either case, it is entirely appropriate to have a qualified bail bondsman and lawyer for your case. 

federal offense

When is a Theft a Federal Offense

If you are not currently aware, a person can be prosecuted for federal theft if the offense crossed state lines. This would occur in scenarios where a person transports property through several states, such as from Alabama to Texas. It is important to additionally understand that acts of theft that involve the internet are usually prosecuted on a federal level. In scenarios where the internet is used, federal agencies will be the ones accumulating evidence. As previously indicated, the state police force will provide assistance when necessary or requested.

If you would like to discuss your federal offense in Wichita, KS, you can reach out to us at our contact number, 866-830-2663.

What is Considered a Probation Violation?

probation violation

What is Considered a Probation Violation?

Probation violation bail bonds can greatly assist when a defendant has been arrested for a probation violation. Probation violations can include failing to attend a schedule meeting with a probation officer, not showing up to a scheduled court appearance, not paying the required court fines, or not paying restitution to a victim. Other offenses include traveling out of state without obtaining approval from the probation officer first as well.

How Long Do You Have to Sit In Jail for Probation Violation?

If an individual has been placed on community control, then a stringent set of guidelines will take place. If the individual violates the terms and the court ends up revoking the individuals status on community control, then the individual will be punished. The individual can be sentenced up to the original sentence plus any time for offenses that have led to the probation violation.

What Happens When You Violate Probation for the Second Time?

Are you wondering what happens when you are arrested for a probation violation for the second time? If so, please review the following bulletpoints to learn more.

  • If the defendant has violated the terms of their probation for the second or third time, the judge will take the repercussions of the probation violation very seriously. The chances that the defendant will go to jail increases dramatically.
  • In future court cases, or if the defendant is arrested in the future, the presiding judge will sentence the defendant more harshly than they would if there were no issues with their probation record.

What Happens at a Renovation Probation Violation Hearing?

Are you wondering what happens at a renovation probation violation hearing? A probation revocation hearing occurs when you are charged with violating the terms of yoru probation and are ordered to appear before a judge. Once you appear before the judge, the judge will decide, based upon the evidence, whether or not the defendant has violated the terms of their probation.

Can Your Probation Officer Violate You for Being Homeless?

According to leading experts on the world wide web, a homeless person cannot be held to violate their probation if they cannot provide a home address. A person being homeless can be an issue if they are placed on parole or a formal probation.

Is Probation Violation a Misdemeanor

It’s important to note that breaking any of the conditions of your probation would be considered a violation of the terms of your probation. You could receive jail time or your probation coud be fully revoked. Being convicted on a probation violation can cover all or only part of the jail sentence for a misdemeanor. If it covers the entirety of the jail sentence, it would be called straight probation. For a straight probation, defendants who are sentenced do not go to jail at all.

Is Probation Violation a New Charge

Are you wondering whether or not your probation violation is actually going to constitute a new charge? You should be very aware of the fact that violation of your probation merits you being charged with a new crime. In such circumstances, your probation grant could easily be revoked. You could even be sentenced to jail or prison if you have violated your probation. This just goes to show that your probation charge and the new charge can all be negatively impacted by the choices you make.

Are Traffic Tickets a Probation Violation

When you are arrested and released on bail, it is importnat for individuals to closely review the terms of their release so that they don’t inadvertently break the rules of their probation. This is because any violation of probation can lead to the probation being revoked completely. The decision for the ruling will occur at the revocation hearing. Once again, it is incredibly important to emphasize the importance of the choices that you make once you get out of jail. Those choices could have a negative or a net positive impact on your life.

probation violation

Does Probation Violation Mean Jail

The circumstances of your case and your criminal history will impact your sentencing in a very important way. While it is true that the presiding judge will veer to negatively view any probation violations, each and every case is different. Every violation of probation does not result in a revocation and the defendant going to jail to serve their jail sentence. As a matter of fact, a violation of one’s probation may not result in a defendant having to serve their full jail sentence. Once again, the final result will depend on the circumstances. 

If you would like help with a probation violation in Wichita, KS, you can rely on us to provide the best assistance. Please reach out to us today at 866-830-2663.

How to Find a Loved One After They’ve Been Charged?

concerned family member looking for loved one after arrest

What is an arrest warrant?

If you’ve never been arrested, placed in jail, or had a warrant for your arrest, you probably wouldn’t have any idea how to find somebody. It isn’t something that you want to know, and probably never thought you would need to know how to find arrest warrants either. But then, here you are one morning trying to maneuver around the legal maze of arrest warrants

In the United States, and an arrest warrant is required for law enforcement to arrest a person, or that person has given the officers probable cause to be arrested. For an arrest warrant to be valid, a judge or magistrate must issue it if they believe there is probable cause to validate the arrest warrant. 

An arrest warrant must identify the person specification that is to be arrested. If there is any question that the arrest warrant was valid or there was false information presented to the judge, the warranty becomes invalid.

There are minimum requirements created from the Fourth Amendment regarding the issuance of an arrest warrant. An arrest warrant is always needed if a crime was committed before a law enforcement agent; this can give them the required probable cause to justify an arrest. 

How long does it take for an inmate to show in the system?

In most states, it takes two hours to process an arrested person and another two hours for their information to show in the database.  Kansas, along with several other states, uses a system called VINE. This system allows victims of crime to find out custody status about an offender. They may also register with this system to be notified by email or phone when anything changes with the offender’s status. The toll-free number for VINE is (866) 574-8463 and is free for victims to keep informed about their offender’s custody, including the status of any new arrest warrant. 

How do you find out why someone is in jail?

In Kansas, the location of an inmate and their custody status can be found on the Kansas Adult Supervised Population Electronic Repository (KASPER), where information is updated Monday through Friday. This database contains information about current offenders, under post-incarceration supervision, and those discharged.  

Through the KASPER database system, you can find:

  • Inmate name and their KDOC Registration Number.
  • Their physical description including DOB, height, weight, hair color, eye color, any anybody markings.
  • Description of their conviction, crime committed, what county and the case number, records, and arrest warrants.
  • Possible release date and current inmate housing location, including all movements and parole office. 
  • Level of custody or supervision.
  • Disciplinary record with violations offender was found guilty.

Are incarceration records public?

 Kansas criminal history is available to the general public and anyone with entitlements and specific rights. The Central Repository at the Kansas Bureau of Investigation maintains arrest records and dispositions for criminal activity in the state based on information received from contributing police department and sheriff’s offices, prosecutors, and courts throughout Kansas. 

The criminal history information includes felony and misdemeanor arrests, court dispositions, prosecution data, incarceration information of state-operated confinement facilities. These criminal history records are organized by individual identity, and under each individual with multiple documents, the offenses are in chronological order and based on fingerprint identification.

How do I find incarceration records?

Services provided by the Kansas Bureau of Investigation can be found on this website. They are using either the offender’s name or fingerprints. 

To search by name, you’ll need the offender’s first and last name, and date of birth. Other information to help the system would be a middle name, alias names, the offender’s social security number, height, weight, race, and place of birth. Last known residence and occupation or place of employment are helpful things as well.

The preferred method to search the Central Repository is fingerprint identification because they are taken at the time of arrest and then submitted to the arresting agency. This search is almost 100% accurate. 

arrested and charged

How can I check if I have a felony?

Type your full name in a search engine using quotation marks before and after the title.  Start with Google, try Bing and any other search engine you have on your computer. 

  • Type your current and past addresses in a search engine. With Google, use a standard search and the news search. 
  • Search Facebook for your past addresses.
  • Do a whitepages.com search of all your phone numbers. 
  • Some companies do background searches for a fee. 

Nobody should have to know how to do an arrest warrant search, but if you find yourself in a position, the following information will help. 

  • Do a Google search by full name
  • Call the city, county, precinct, or state that you suspect may have an arrest warrant for this person
  • Go to the arresting agency in person
  • Pay a bail bond agent or attorney to inquire for an arrest warrant

Need help finding your loved one or getting them bail? Owen's Bonding Co. is here to help. Call us today at 866-830-2663.

Is Contempt of Court Bad?

court hearing

What it Means to be in Contempt of Court?

While generally only being referred to as contempt instead of contempt in court, contempt is indeed bad when it comes to being in a court of law. Generally, the meaning of such includes behavior or action inside the court which the presiding judge finds to be abhorrent. It is not as much an accusation as much as it is a ruling by the judge to one of the parties that is present. It does not necessarily just pertain to those that are accused either, any person that actively misbehaves in the court by: 

  • Disrespect towards offers or the judge
  • Defying the dignity of the court
  • Committing to any action that interrupts the court
  • Failing to comply with a court order

Being in contempt carries with it a broad array of punishments depending on the severity of actions. The punishment is also determined by the kind of hearing and the judge, who may give a very light punishment if one at all or a heavy-handed one. Normally, a verbal and sometimes written agreement is all it takes to clear a person from legal consequences. However, persons involved in court appearances are expected to have a form of decorum that befits them. Owen's Bonding Co. in Wichita, KS can help by providing further information for contempt or by assisting through bail bonds. Call 866-830-2663 today for our services.

Is Contempt of Court a Misdemeanor or a Felony?

As mentioned, the exact punishment for contempt is broad and depends highly on varying factors. Normally, it is a misdemeanor that can be bumped up to a felony depending on the severity. Owen's Bonding Co. offers misdemeanor bail for those that need assistance in such situations around Wichita, KS. When it settles on contempt and jail time, the court has the capability to punish persons guilty of such with 180 days. Other punishments can include:

  • Fines 
  • Modification of relevant legal decision
  • Relative charges being increased
  • Community service

It should be stressed that a person generally has the capability to lighten their punishment through their own behavior. However, upon being held in contempt, the aforementioned punishments apply. If it were in a divorce or custody court, the relative punishment would be incurred on the guilty party. This includes the side not accused of contempt garnering a better footing in the legal dispute. When it comes to a person that is already charged, contempt can make the issue a bit worse by adding itself into the pool of charges against the accused. As mentioned, there generally are ways to make amends with the court like agreeing to certain terms after the contempt charge is made or simply apologizing if the judge asks for it.

How do you Fight Contempt of Court?

When the decision is made to fight a contempt of court motion, the wording and legal jargon can be a bit more confusing. This is because both the judge and the other side of the legal conflict can both individually set a motion of contempt in court which can generally not be fought. However, if it is just the other side of the legal argument making an accusation of contempt, the responding party can make a plea to dismiss it. As it pertains to a judge, one can make a motion to dismiss it, but it is up to the presiding officer or the courts in general. When it comes to civil contempt, the person that is accused of such will tend to receive prison time, a fine, or both. The good news out of this is that it does not go on your record, generally. That mentioned, if a person continuously refuses to act by the decision of the court, they can be held in contempt for a prolonged period of time which will keep the in a constant state of punishment depending on the severity.

court documents review

What can I Expect at a Contempt Hearing?

 How a contempt hearing takes place tends to be in disputes that involve the court priorly. An example being one member of a divorced couple refusing to pay child support and the other parent gets a hearing for the legal dispute. When this occurs, one can expect harsher punishments from what was previously mentioned. Due to a person neglecting to obey the rule of law and the courts system, harsher punishments can be expected if compliance or a sufficient legal argument is not provided. These punishments can include a longer prison sentence and harsher fines among others depending on what the legal dispute is about. 

Generally, if contempt is ruled in a court then the accused will show up at a later date if the conflict is not resolved. This is particularly problematic, especially if the same judge that dished out the punishment is presiding, because it can be seen as an issue that could be prevented by most legal officials. As mentioned, a person can face a lineup of charges that span from minor to major depending on the severity of the disturbance. When you find yourself in contempt, contact Owen's Bonding Co. in Wichita, KS. We can be reached through 866-830-2663 for bail services and more. 

What does appeal mean?

Judge banging gavel in a court room

Appealing a case

Legal cases are not always appealed, although on television, they seem to be. There is no automatic appeal, there has to be proof of a legal basis. Because one party lost the decision, they don’t automatically get to appeal. If an appeal is allowed, the person filing the appeal must get an appeal bond.

You may be a party of a case that goes to court without appeal being filed. Not all cases have an appeal filed. It is not an automatic process.  Whether pursuing an appeal should take place is a complex matter and the appealing client, it is important to know as much as possible about the case so that they are making the right decision form themselves.

Even though many appeals are filed in federal and state courts in search for a lower court’s decision to be overturned as filing client perceives the findings of the first trial to be wrong, there are not very any appeals that result in a decision reversal.

This is the reason that any appellant attorney will stress the importance that everything about the case and the trial be thoroughly evaluated first. Knowing how to frame the issues at hand will give the appellant a better chance to win the appeal.

Filing an appeal is an expensive process, which is why an appeal bond is required. Since most decisions made in a trial, commonly domestic relations are based on facts both parties present are being disputed. The trial judge made their decision on the facts as to be true. The cost for appellate courts is for the courts to research what legal error exists if any.

 The second reason the appeal process is expensive and requires an appeal bond is that it is reasonable to believe that the “impartial” decision-maker, the judge, came to the legal conclusion based on the facts presented. Those same facts will be present again in the appeal because no new evidence or witnesses will be allowed.

What is the purpose of an appeal?

One of the parties in a case, typically the one that lost, will find with the court of appeal, what is it to have the case and trial to be reviewed by a higher court. If they allow an appeal, this does not mean the case retried or a new trial established.  Typically, new evidence and new witness are not considered, just the arguments from both sides of the case. Any alleged errors from the first trial are brought up, or possible errors of how the law was interpreted. There are limits to the appeals process in most cases.  The party appealing the finding is required to pay for an appeal bond until the appeal is determined and judgment is paid in full if the court doesn’t rule in their favor. Once the judgment is paid in full, the judge will release the appeal bond.

What is to make an appeal?

In the State of Kansas, the statutes provide that the judgment entry is subject to the requirements and specifications which provides that the judge must sign a journal entry before the judgment becomes effective. The judgment must be on file before an appeal can be filed.

Once the judgment is filed, within 30 days a Notice of Appeal must be filed with the Clerk of the District Court. This filing is jurisdictional and if the Notice of Appeal is late, the appellate courts will not consider it. If the other party in the case believes there was an error in the trial court, they must file a cross-appeal within 21 days, this is referred to as a Notice of Cross-Appeal.

The next action required is to file a Docketing Statement within 60 days with the Appellate Courts Clerk. This will lay out the essentials of the appeal. This should include the pertinent facts summarized, the questioning of the law, and the relevant dates on which movements occurred during the original trial court. This is not jurisdictional and will not affect the appellate court to proceed with the appeal if it is late.

What are the 3 types of appeals?

There are three court appeal cases are heard in:

  • The Kansas Court of Appeals is seated by judges that do not hold court for trials. They review trial records, both parties’ briefs, and hear oral arguments by appellant attorneys. They will assess the law fitting the trial and given a written opinion which is published in bound book form.

These judges preside over appeals from civil and criminal trials in the Kansas district courts, with the exclusion of appeals directly filed with the Kansas Supreme Court, and cases that have jurisdiction in habeas corpus movements.

  • State supreme court has obligatory jurisdiction in the administrative agency, civil, criminal, disciplinary, federal court’s certified questions, and original proceeding cases. This appeals level also has optional jurisdiction in an administrative agency, civil, criminal, interlocutory decisions, juvenile, and original proceedings.
  • Federal district courts may hear appeals from state courts and for any federal cases or lawsuits, this court is the point of origination.

How successful are criminal appeals?

In 2015, less than nine percent of all appeals file resulted in a reversal of the lower court decision. Because not every civil or criminal case has the grounds to file for an appeal, it is always to the defendant’s benefit to hiring an experienced appellant attorney for the type of case tried.

An experienced attorney will analyze the case and findings and determine if suitable for an appeal. Because of the complexity and strict deadlines for filing an appeal, this needs to be streamlined and the client’s punctuality to fulfill the attorney’s request is a must. 

arrested after losing an appeal

What happens if I lose an appeal?

This is where the appeal bond comes into play.  If your appeal is unsuccessful, the bond is effective until the judgment is paid. This includes any accrued interest and any cost and fees awarded to the other party. After all required monies are paid in full and the debt is settled, the court will discharge the bond, and the appellant is released from the judgment.

There are diverse types of cases that can be appealed, each are handled in a different way during an appeal process. Those diverse types are within these classifications:

  • A Civil Case – either party can appeal the judge’s verdict.
  • A Criminal Case – a guilty verdict can be appealed by the defendant if found guilty. However, if the defendant is found not guilty, the government does not have an appeals right.
  • A Bankruptcy Case – a judge ruling on a bankruptcy can be appealed to the district court. There are three judges that make a unanimous decision on appeals after reviewing the appellant’s legal argument.
  • Other Appeal Types – in the case of a federal administrative agency that the litigant is not satisfied, they can file a petition for the agency’s decision to be reviewed by a court of appeals. This would be for cases involving Social Security benefits.

When you need appeal bail bonds in Wichita, KS, Owen's Bonding Co. can help! Call 866-830-2663 today!

How Can I Clear My Felony Warrant?

A Lawyer and Defendant Speak to Judge.


How can I clear my felony warrant?

Although law enforcement normally doesn’t make arrest warrants known, if you learn you do have a felony arrest warrant and want to avoid getting arrested, you’ll need to clear it before a judge. Arrest warrant clearance means that you have to either appear in person in the court that issued the warrant or contact a lawyer to help you do so. You will be arrested and jailed if you go to the police station or to the district attorney’s office to clear it. Before you try to arrange a hearing before the court make sure you do the following:

  • Learn exactly what charges are filed against you, as well as when the warrant was filed and the file number. Some jurisdictions may provide the warrant as part of public records and can be retrieved online.
  • Contact a lawyer who can help you handle the case and advise you about the court appearance.
  • Once all information is gathered, you need to arrange to appear before the court that issued the warrant. An attorney can help you do this and can help you in court when you have the hearing.  

If you need help with arrest warrant clearance in Wichita, KS you can also contact the team at Owen's Bonding Co.. We can help you with this or if you are arrested, we can bond you out of jail quickly. Learn more about how we can help by calling 866-830-2663.

Can arrest warrants be dropped

If an arrest warrant has been issued it normally cannot be dropped unless the judge issuing the warrant rescinds it or you are arrested. A judge might rescind the warrant, for instance, if it was issued in error. The only other way a warrant can be dropped is through arrest warrant clearance. This means you have to appear before the court that issued the warrant to keep from being taken into custody. Appearing before the court, however, does not mean the charges are dropped. This appearance is similar to a hearing in which a bail amount is set and you make a promise to appear in future court hearings on your case. In this instance, you are not having to post bail.

Who can issue arrest warrants

Judges are responsible for issuing arrest warrants. They are issued on the basis of probable cause evidence presented by law enforcement and prosecutors. This means law enforcement and prosecutors have gathered enough evidence they have reason to suspect you committed a crime and thus have reason to arrest you. They present that evidence to the court and the judge decides if there is probable cause to issue an arrest warrant. This type of warrant is different from a bench warrant, which is also issued by a judge when someone fails to appear in court. This gives law enforcement the ability to arrest you at any time and anywhere. Arrest warrant clearance can only be achieved if you appear before the court before you are arrested.

What happens when an arrest warrant is issued

Once a judge issues an arrest warrant, law enforcement can actively search for the suspect and arrest him or her. This means they can make an arrest anywhere and at any time. You can be arrested at home, at work, at school, or wherever you may be. Arrest warrants are normally acquired when a crime has been committed out of sight of law enforcement. An officer can make an arrest without a warrant if the crime has been committed in the officer’s view.

How long before a warrant becomes outstanding?

A warrant is considered outstanding if significant time has passed like several months or even years pass before the person is arrested. While an active search may have ended for the subject, the arrest warrant is still valid. You can still be arrested on an outstanding warrant and are considered a fugitive. Outstanding warrants can be issued for even minor offenses, including traffic tickets if you fail to pay the ticket on time. Often with such offenses police may not be actively searching for you but could arrest you if you committed another offense, even a traffic violation. If you approach the court where the warrant was issued it’s possible arrest warrant clearance could happen, and you would avoid arrest but still have to face charges. 

Are arrest warrants public record

In most cases, arrest warrants are a matter of public record, and you can search online to see if any warrants have been issued for you. Law enforcement often will not announce publicly that a warrant has been issued to keep from alerting the suspect.

Do arrest warrants show up on background checks?

Because warrants are part of public records it’s very possible the warrant will show up on a background check. Of course, this depends on the thoroughness of the background check. You should assume the warrant will be discovered. If you think you have a warrant out, be honest with anyone performing the background check. 

Can you get a security clearance with a warrant?

If a job requires you to get a security clearance to be able to perform it, you will be out of luck if you have a warrant. You will not be able to get clearance. Even if you go before a judge for arrest warrant clearance, it’s unlikely you’ll get any security clearance until your case has been dealt with or dismissed.

What is a warrant clearance fund?

You might have heard of a warrant clearance fund, and while it may sound as if it has something to do with criminal cases, it does not. It is a type of financial transaction and has nothing at all to do with arrest warrant clearance. It often has to do with pay or an order to deliver goods, usually by a governmental agency.

A Person in Handcuffs

Call Today for Help

If an arrest warrant has been issued for you and you need help with arrest warrant clearance in Wichita, KS, you can get help from the professionals at Owen's Bonding Co.. We offer a wide range of services along with bail bonds. Find out how we can help by calling 866-830-2663.

What’s the Difference Between a Cash Bond and a Bail Bond?

cash bond

Handling Life’s Ups and Downs

No matter the situation, no one should have to spend even one night in jail. That’s why bail bonds and bondsmen exist. We are here to help you when it feels like there is nothing to do. However, there are many situations where even a bail bondsman may be hard-pressed to help. When is that the case? Usually when a court has decided how bail can be paid. Here we are referring to cash bonds. To learn more about a cash bond in Wichita, KS, contact Owen's Bonding Co. at 866-830-2663.

bail bonds and cash bond

What is a Cash Bond

Bonds are used to show that someone has put up collateral to pay someone else’s bail. So what is a cash bond? Unlike a bail bond, what a cash bond means is you can pay the full bail amount, upfront in cash. You don’t have to qualify for a bond through a bondsman or put up collateral to pay for the bond. In many courts, cash bonds are the only acceptable form of payment. This means cashiers checks, checks, and other forms of payment will be denied. While Owen's Bonding Co. may not be able to help you with a bond, we can help you find resources and valuable information to make your payment.

Cash Bond vs Bail Bond

What are the major differences between these two options? Is a cash bond better for you than a bail bond? It can be challenging to know which is the better option. If you are guaranteed the person you bail out will attend every court appearance or scheduled meeting, then a cash bond may be the way to go. However, if you can’t meet the full bail amount, a bail bond will be your best bet. It’s important to understand the situation before making a decision though. Similar to asphalt shingle roof repair services. You would want to get an inspection before deciding to make major changes. 

Cash Bond

  • Can only pay in cash
  • Have to pay the full amount
  • Exact cash only with no change
  • Can use credit or debit cards to complete transaction
  • Essentially refundable if person in question shows up to every court appearance

Bail Bond

  • Can pay in any format, cash, credit, check, etc. 
  • Only have to pay a small percentage
  • No refund
  • You may be responsible for ensuring someone shows up to appearances or lose your money completely

One of the biggest questions we get asked is, can a cash bond be revoked? It can, but it will more than likely be done by the person that paid the bail. When would this happen? Let’s say you bail someone out, but they fail to appear for several of their court appearances. You can revoke your bail, absolving you of any financial responsibility. This is not something that can be done with a bail bond. If you go into an agreement with a bondman, they legally cannot back out of their agreement with you. That means if someone doesn’t show up for court, they will find someone to pay them back for their lost money. That someone will likely be the person that took out the bond. 

Frequently Asked Questions

  • How much of a cash bond do you have to pay? 
    • Depending on the situation, you may be able to pay a small portion to a bail bondsman who will then pay the rest in cash to the jailer. If you can’t do that, then you will need to pay the full amount in cash. 
  • How do you pay a cash bond?
    • With cash. As the name states, these are bail situations in which the jail or prison will only accept cash payments. You may be able to pay with a debit or credit card, but bonds procured from bail bondsmen will not be accepted. 
  • Is cash bond refundable?
    • Essentially, yes, cash bonds can be refunded. Unlike a bail bond from a bondsman, you are handing over your own money to release someone from jail. If they show up to all their court appearances, you may be able to see a refund, minus 3% processing fee. 
  • What does full cash bond mean?
    • It means that the court will only accept the full cash amount to release someone from jail. In these instances, you’ll have to pay the exact amount in cash or use a credit or debit card to complete payment. Bail bonds will not be accepted. 
  • How does cash bond work?
    • It works the same way a bail bond works. Someone pays the bail amount in cash then the person arrested is expected to show up to all of their court dates. The biggest difference is the fact that you have to pay in cash as opposed to paying with a bail bond. 
cash bond

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Connect with Owen's Bonding Co. today about a cash bond in Wichita, KS. We want to help you in the best way we know-how. Call us at 866-830-2663 to get started today.