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What is an Appearance Bond?

close-up of a judge holding a gavel

Understanding Appearance Bonds

Most of us have an idea of what a bail bond or security bond is, but what is an appearance bond? What does appearance bond mean? This may be referred to as an unsecured appearance bond and is essentially a written agreement between the defendant and the court that they will appear for their assigned court date once after being released from custody. 

Do you have to pay for an appearance bond?

No, in most cases, there is no money or collateral required. A basic and official written agreement is the difference between the more commonly known and used bail bond and an appearance bond.  

So, how is an appearance bond secure if no money is required? 

The term “personal recognizance bond” may be used instead of an appearance bond. This no-cost bail may be granted by a judge when the arrest stems from a minor crime. There are factors considered by the judge before this type of appearance bond is granted. The factors considered are: 

  • The specific charges
  • Any prior criminal record
  • If the defendant is considered a danger to the public
  • Defendant’s employment status
  • And other factors may be used

Appearance bonds are issued by judges for first-time offenders for very minor crimes and if the jails are overcrowded. The written agreement that the defendant is required to sign for their appearance bond states they will appear before the courts on the assigned date and time. It also states there will be consequences if they do not appear as stated in their appearance bond. 

What happens if I miss my court date?

The failure of a defendant to appear before the courts on the date required will result in an arrest warrant being issued by the judge. Law enforcement will be advised to apprehend and bring the person to jail. The defendant will remain in jail until their new court date. 

They will be required to pay for the appearance bond in the amount of a standard bail bond. They will be required to pay additional court fees and fines and will have another trial for skipping bail on the appearance bond. 

What are the risks of an Appearance bond?

If the defendant does not meet the requirements of their appearance bond, the judge may revoke it, resulting in the defendant being arrested and required to remain in custody. They will then be faced with the charges of the original arrest and additional charges for failing to appear before the court on their appearance bond.

Do you have to have payment upfront for an appearance bond?

In most cases, no, there is no money required by the courts when the judge approves the defendant being released on an appearance bond. Depending on the factors listed above, the judge may require some amount to be paid to the court upon being released on an appearance bond. 

What crimes can you use an appearance bail for?

Appearance bonds may be issued by a judge for a misdemeanor crime arrest. Some examples of what may be considered a minor crime are: 

  • Minor drug offenses like possession
  • DUI or DWI
  • Petty theft such as shoplifting
  • Simple assault or simple battery
  • Trespassing
  • Vandalism
  • Minor sex crimes, like indecent exposure or solicitation
  • Resisting arrest
  • Cybercrimes like bullying or stalking

Are there reasons you cannot use appearance bail?

A judge will deny an appearance bond if the defendant has a criminal history, including jumping bail on previous arrests, or if the crime accused is of a severe nature. Those crimes would include armed robbery, murder, domestic violence, and violence against a child or the elderly. It is up to the arraignment judge if the arrest is considered viable for an appearance bond, a surety bond, or no bond.

Will you go to jail if you don’t pay back your appearance bail?

Absolutely! If you fail to appear in court on the assigned date, your appearance bond will be revoked, you’ll be arrested and will remain behind bars until your court date. You’ll also be facing a charge for skipping the appearance bond, which can be punished by additional time behind bars along with additional court fees and fines. 

judge writing a document

In Conclusion

In order to be granted an appearance bond, having representation by an experienced criminal defense attorney is recommended. And will a judge consider an appearance bond in the normal procedures? It can happen, though it is rare. This is usually a request of the accused and presented by their legal defense. 

A person arrested and requesting an appearance bond will need to have a clean criminal record and prove to be a worthy member of society, i.e. valid employment, and the arrest must be for a minor infraction as we’ve mentioned. An appearance bone is supporting the old saying, “A man is as good as his word.”

What is the most addictive drug?

close-up of hard drugs and drug paraphernalia

The Problem of Drug Addiction

When we think of drug abuse, arrest for possession, bail for drug charges, and all that can be involved, we typically think of illegal drugs. Today, we have the added concern of drug abuse of prescription medications too, and the dangers that can create. Yes, the medications that were intended to heal us have become a problem, giving the term “drug abuse” another whole viewpoint.

What are the major causes of drug abuse?

A lot of research and studies have been conducted to find “the” cause of drug abuse, but nobody has been able to pinpoint it to just one cause. There are reasons to believe it is a genetic predisposition, and other results found that environmental circumstances are reasons, the environmental reasoning that has led to an increase in arrests and the need of posting bail for drug charges. 

Then there is the aspect of belief that co-occurring conditions, which too often have led a person down that path of buying prescription drugs off the street. And then there is the experimenting with drugs, mostly in the pre-adolescents and adolescent age groups. Both of these two “major causes” of drug abuse have got many arrested, faced with drug charges, and posted bail for drug charges, only to end up repeating their actions. 

While genetics, the environment, and co-occurring conditions definitely share ‘blame’ on the drug abuse problem, it is probable that it is a combination of these three risk factors is just as much aid in the problem. From having an alcoholic or drug-using parent to living in an area that is oppressed, or living in an unstable home environment, these factors all tend to be tied together, resulting in more arrests and more people posting bail for drug charges. 

What is the most heavily abused drug?

We can’t deny that drug use is all around us today. It is in bathrooms, on street corners, in our schools, and at work. From marijuana and prescription drugs to cocaine, meth, and pain killers, you don’t have to look hard to find drugs today. What may surprise many is that the most heavily abused drug is in our refrigerators that are finding more people posting bail for drug charges: Alcohol. 

Yes, we’re talking about alcohol. Too many of us perhaps aren’t considering alcohol to be a “drug”, but more than half of this country’s population can be classified as a drinker. The number one abused substance, with 86 million members of the abuser category, is alcohol. These are people that admittedly have heavy alcohol use or have binge drank. It also includes underage drinking, the starting line for alcohol abuse. 

Other drug abuse categories include the following from a study done in 2012: 

  • Tobacco: Almost 70 million Americans, 12 years old and up were using tobacco. Between the ages of 12 and 17, almost 55 percent had smoked within the last 30 days at the time of this survey.
  • Marijuana: This came in as the 2nd most abused drug in 2012 with almost 19 million users. That number has likely increased significantly in the last 10 years with more legalization in place. Of the 8 million classified illicit drug users, over 4 million were dependent on marijuana. 
  • Prescription Drugs:  Almost two-and-half million people were using prescription drugs for non-medical use for the first time. This included prescriptions for Oxycontin, Percocet, Vicodin, and other painkillers. 

Other drugs being abused in 2012 included barbiturates including Ativan, Lorazepam, and Xanax. Cocaine, stimulants, hallucinogens, heroin, and methamphetamines rounded out the list of most abused drugs in this country. With the increased use of these drugs, so did the number of arrests and the need for posting bail for drug charges, if bail was granted by the judge. 

What are the most dangerous drugs to get addicted to?

Several drugs have the power to be dangerous, including alcohol. While not every drug is equal in the danger, harm, and risk they create for everyone that is abusing them, some are worse than others. The top three most dangerous to become addicted to are:

  • Alcohol
  • Fentanyl
  • Methamphetamine

All three of these are the “worst” drug because they each are uniquely dangerous in their own way. Again, alcohol is at the top of the list, and most people would ask why, what is about alcohol that makes it so dangerous in being easily addictive? 

  • Meets all the items on the list at being a problem
  • Easily and widely available
  • Short-term risky
  • Long-term risky
  • Creates addiction 
  • Results in use disorders 

The number of DUI and DWI arrests and the number of denied and granted bail for drug charges for these arrests is all proof of the things listed. 

What are the effects of drug abuse?

There are different effects of the many different drugs being abused. They can be long-lasting mentally and physically, they are too often permanent though, including death. The effects can be far-reaching, impacting every organ in the body. Drug addiction side effects include: 

  • Immune system weakens, increasing the possibilities of illnesses and infections
  • Heart condition possibilities increase including abnormal heart rates, heart attacks
  • Increased risks of blood vessel infections and collapsed veins from IV use
  • Abdominal pain and nausea increase, leading to appetite changes and weight loss
  • Liver is strained, increasing the risk of liver damage or liver failure
  • Brain damage, seizures, strokes, and mental confusion possibilities increased
  • Risk of lung disease increases
  • Problems with attention, decision-making, and memory affect the day-to-day life
  • Global effects of health problems include male breast development, body temperature increases, and multiple other health problems

How do drugs affect the brain?

And can drugs affect your mental health? Mind-altering drugs interfere with how neurons send, receive, and process signals, by slowing them down or speeding them up. The chemical structure of some drugs, like marijuana and heroin, mimic natural neurotransmitters and activate the neurons. This in turn affects other parts of the human body like the blood pressure, heart rate, respiration, and body temperature. 

How do drugs affect behavior?

With the neurons being affected, it only makes sense this will affect the behavior of a person that is abusing drugs.  Thinking clearly and your member become problematic, you are unable to pay attention, leading to poor work performance.  Your social behavior is affected, which can lead to arrests and the need to post bail for drug charges.  All this together affects your personal relationships with your spouse, children, extended family, and friends. 

What is drug tolerance?

Drug tolerance is when a person doesn’t have the same response to a drug as they once did, requiring a higher dose to achieve the same effect they did at first. It takes more and more of a drug to get the level of “high” desired.

drugs and handcuffs sitting on a wooden table

Is There an End in Sight? 

We read the numbers of people arrested and posted bail for drug charges. We read the statistics of death by drugs, but do we see how can drug abuse be prevented? It needs to start with the youth and their parents monitoring and supervising are key to our youth and their possibility of drug use. 

There isn’t any guaranteed method or way to prevent anyone from abusing alcohol and drugs, but there are things we can all do: 

  • Understanding drug abuse and how it develops. 
  • Avoid peer pressure and the temptations that bring with it. 
  • Pursue help for mental illnesses like anxiety, depression, or PTSD. 
  • Assess the risk factors like family history of addiction and mental illness.
  • Maintain a well-balanced life, keep busy, keep a full life, and set goals.

If it takes a village, we need to form that village for the person(s) that need the village. 

What happens if you violate probation?

individual being interrogated with handcuffs in view

The Goal of Probation

Probation in Wichita, KS isn’t much different than in other areas. Like other cities and states, folks here would rather rehabilitate offenders than put them behind bars, and that’s the purpose of probation with first-time or low-risk offenders. The hope with probation is to guide the defendant away from crime while protecting society and potential victims. Unfortunately, there are still those that can’t stay on the straight and narrow, which is why we have to worry about probation violation bail

What is a probation violation?

Being granted probation is not a “get-out-of-jail-free” gift from the courts. It is a “stay-out-of-jail” opportunity with the goal of being rehabilitated and redirected in life. A defendant given probation will be supervised by a court-ordered probation officer while still living within the community. 

A probation comes with terms and conditions that the defendant must follow, or they will find themselves facing probation violation. With probation violation, bail and the possibility of incarceration are possible. There are technical probation violations and substantive probation violations, which function as follows: 

Technical Probation Violations: This is the act of disobeying the supervision rules and all its terms and conditions. Typically, this type of probation violation doesn’t count as a new crime and could include any of the following: 

  • Missing appointments with a probation officer
  • Positive testing for alcohol or drugs
  • Knowing and willful failure to pay court ordered fines and restitution
  • Missing court-ordered counseling and/or community service
  • Leaving the state without the court’s permission
  • Failure to maintain employment or miss school
  • Visiting people or being found in places prohibited under the probation rules and all its terms and conditions

There are also what’s known as “Substantive Probation Violations” to worry about. This is when the probationer commits a new crime or new crimes during their probation period. 

What happens on your first probation violation?

Once the probationer successfully completes their probation, the sentence imposed by the judge will be satisfied and over. The defendant can then put these legal matters behind them and move forward with their life. However, if probation is violated, the judge may choose to decline bail, making the probation violation bail case a moot point. Other actions the judge may take could include any or all of the following: 

  • Extending the probation term length
  • Modifying the rules, terms, and conditions of the probation
  • Ordering counseling in accordance with the original crime (alcohol, drug, anger management, etc.)
  • Ordering jail time to be served and subsequently followed with more probation
  • Charging additional fines and restitution 
  • Revoking the probation and sentencing the probationer to jail

How many times can you violate probation?

Any violation of the law can have you incarcerated, including probation violations. For a person that has violated their probation multiple times, it will be up to the judge and a district attorney working with your probation officer, who will offer their opinion on the case as to what actions to take. Things that will be considered are the: 

  • Original crime
  • Type of probation violation
  • Previous criminal history 
  • Probationer’s attitude toward the court and the law

Chances are there will be a jail sentence handed down after several acts of probation violation, bail will not be granted, and no future probation will be offered. 

How can you get bail for a probation violation?

The probation violation bail will be determined by the judge, with the district attorney and probation officer weighing in on the decision. If you have a criminal defense attorney on your case, they will be a part of that meeting as well, representing you. 

Whether an individual will get probation violation bail will be up to the judge. If probation violation bail is denied, the probationer could be placed under arrest and returned to jail. 

How much is a bond for probation violations?

It is said that asking for forgiveness is easier than asking for permission, but when it comes to probation violation, bail bonds tell a different story. The judge that issued probation in the first place will often feel an individual shouldn’t have been released from jail. It is apparent to him or her that the original bail amount wasn’t enough to keep an individual on their best behavior. Keeping that in mind, the violation probation bail bond will most likely be a higher amount than the original bail bond, if they allow bail again at all. 

Can you violate probation and not go to jail?

Chances are you’ll be arrested and placed in jail until you see the judge. There are many factors the judge will take into account to determine whether setting a probationer free on probation violation bail is appropriate. First, they will consider the original crime and the act that violated probation. They will review your criminal background, your place in the community (such as whether you are a business owner or drifter), and they will take into consideration the probation officer and district attorney’s views on the matter.

Does a probation violation go on your record?

Yes, probation violation will show on criminal records, and if the probation is revoked, that will be indicated as well. You may also wonder – can a probation violation be dismissed?

Arrest records, criminal convictions, and juvenile adjudications can be expunged after the defendant has satisfied certain requirements, including probation. Because a probation violation is a crime, the new sentencing will need to be completed and then a petition filed by the defense attorney for expungement will need to be presented to the courts. Whether it is expunged or not will be the judge’s sole decision. 

close-up of an ankle monitor on an individual's foot

In Closing – Felony Probation

What happens if you violate felony probation? Like any type of probation, there are many possible scenarios a probationer could be facing with probation violation: 

  • Revoke the probation and send the probationer is returned to prison
  • Probation terms are modified to be longer and stricter
  • Original probation reinstated in the original rules, terms and conditions

Probation and probation violations can be challenging to understand and deal with. It is always best to avoid probation violations altogether, though circumstances can always arise that can lead to a probation violation. If you are dealing with this kind of situation, an experienced bail bondsman can be there to help you through.

What happens when you get a DUI?

man holding beer bottle and car key

Understanding DUI Charges

In the State of Kansas, the legal blood alcohol limit is 0.08 for anyone 21 years of age and older. For anyone under the age of 21, there is zero-tolerance with a maximum blood alcohol level of .02 or above. The DUI court process is also different for a person under 21 years of age and for anyone 21 and older. 

Kansas has two types of DUI arrests with DUI court processes being handled slightly differently in both cases. Those two DUI types are: 

  1. Prosecution will need to prove the defendant was a incapable of driving in a safe manner due to alcohol/drug intoxication as determined by the arresting officer’s observation, smell of alcohol, and failure of field sobriety tests.
  2. Prosecution will need to prove the defendant was operating a vehicle with a .08 or higher blood alcohol level. It must be proven by the prosecutor with any reasonable doubt that the defendant failed a properly administered test within three hours of the arrest. 

Upon arrest, the defendant has the choice to ask for an attorney. If you don’t have one, it is recommended that you hire one or accept one that the courts are required to provide. Having somebody on your side that knows how DUI court works can get you the best outcome possible. 

What to Expect When You Get Your First DUI

In the State of Kansas, the DUI court process will give you 48 hours of mandatory jail time or community service of 100 hours. You are required to complete an alcohol and drug education program and/or substance abuse treatment program. These programs will be at your own expense. 

You can expect the DUI court process to also include a fine from $500 or up to a maximum of $1,000. You will be responsible for court costs, evaluation fees, and probation fees and your driving privileges will be suspended for thirty days. After the thirty-day suspension, your driving privileges will be restricted for another 330 days. There is also the possibility of your vehicle being impounded for up to 12 months. 

How likely is jail time for first DUI?

The DUI court process follows the law set in place in September 2021 with a first DUI conviction being fined a minimum of $1,300 and a suspended driver’s license for a minimum on one year. Jail time is possible for a minimum of ten and a maximum of 30 days. How the defendant approaches the court will likely affect how harsh the judge is with sentencing. Having an attorney on your side can often influence the judge on the sentencing as well. 

When is DUI a felony?

A third DUI offense will be charged as a felony with the following DUI court process of punishment: 

  • Ninety days to one-year imprisonment
  • Fined $1,500 to $2,500 
  • Court costs, evaluation fee, and probation
  • Complete a court-ordered alcohol/drug treatment program at your expense
  • Driving privileges are suspended for 12 months
  • Restricted driving privileges requiring an ignition interlock device for 12 months through the DMV
  • Your vehicle may be impounded for up to a year

 Can you get a DUI for drugs?

Yes – the State of Kansas In Kansas will arrest a person with a DUI if they were operating any vehicle while under the influence of any drug if it renders them incapable of driving safely. This also occurs if they are under the influence of any combination of drugs or alcohol and drugs or if the person is known to be a habitual narcotic user.

Penalties for these arrests can be handed down through the DUI court process as follows: 

  • First offense – Between 48 consecutive hours and six months jail time, community service of 100 hours, a minimum fine of $500 and up to $1,000.
  • Second offense – Between 90 days and 12 month jail time, a fine of $1,000 minimum up to $1,500.00. 
  • Third offense (nonperson felony) – A mandatory 90 days minimum up to 12 month’s imprisonment; a fine of $2,500; and no probation upon release. 

 Which is worse – DUI or DWI?

In the State of Kansas, the DUI court process sees the minimal difference between a DUI and a DWI. However, the consequences and penalties issues in the DUI court process are the same. 

Will DUI fail a background check?

Yes – it will appear on your NCIC record, even if you were acquitted or the case was dismissed. However, this isn’t a background check that everyone can see so it is rare for it to be presented. 

How does DUI affect your life?

As of September 1, 2021, a company can fine an employee charged with a DUI if it is stated within their employment policies they cannot commit this kind of offense. Additionally, a DUI charge can and will affect your personal life, starting with the permanent criminal record you’ll have. 

With job loss, financial struggles will ensue, which can pressure a household. Your automotive insurance will increase, and a DUI leaves you with a stigma so that family, friends, neighbors, and others will have a different viewpoint of you. 

glass of alcohol and car keys

One Final Question – Are DUI checkpoints legal?

Yes, in Kansas they are legal as a temporary roadblock for law enforcement to evaluate if drivers are intoxicated. The goal of sobriety checkpoints is to discourage drunk driving and minimize drunk driving offenses. If you’ve found yourself facing a DUI and need help with bail or understanding the process, reach out to us at 866-830-2663.

What happens when you get a DUI for the first time?

Glass of alcohol on a table next to car keys and handcuffs.

Understanding the Basics of DUI Arrests

Being arrested for a DUI shouldn’t be taken lightly. A DUI is a crime and there are consequences to be paid, regardless of whether it is a first time offense or if you have a history of offense. But the more DUI arrests you have on your record, the more serious the consequences get. And when you find yourself in need of a DUI bail bond, the Owen's Bonding Co. can be there to help when you call at 866-830-2663.

Is DUI a criminal offense?

Yes – in the State of Kansas, a DUI is a criminal offense and can be charged as a felony. Under state law, any driver with a Blood Alcohol Content (BAC) greater than .08% will be charged with DUI. A first or second DUI is filed as a misdemeanor offense, whereas a third and fourth DUI will be a felony.

Do I need a lawyer for a first DUI?

It isn’t mandatory to have a lawyer. You can handle your arrest for DUI without a lawyer, but most people faced with a first-time DUI don’t have a criminal history. An arrest is unknown territory, and a DUI charge is more complicated and far more serious than a traffic ticket. Both may require a court appearance, but pleading guilty and paying a fine for running a stop sign isn’t as complicated as a DUI. 

With that being stated, when you have been arrested for a DUI, even if it’s a first offense, contacting a lawyer should be your first step. Hiring a criminal defense lawyer with a DUI specialty will be to your benefit. Choose one with experience and a proven success record to help you plan your defense strategy. 

Which is worse: DUI or DWI?

When it comes to comparing charges for DUI vs DWI, there is minimal difference. However, the penalties are the same in the State of Kansas and so are the consequences. The risks you take when drinking and driving aren’t worth the consequences you could face: some are temporary, and some are lifelong.

In Kansas, as we stated earlier, a DUI charge indicates the defendant had a BAC of .08%. For a defendant under the age of 21 years, the BAC is .02%. A DUI charge can also be given for drugs or a combination of alcohol and drugs that has reached the point where a law enforcement agent has determined an individual was unable to safely operate a vehicle. The penalties that a person with a DUI or DWI charge can face in Kansas are as follows: 

  • 1st Offense: 

Jail Time: up to 6 months

Fines: up to $1,000

Suspended License: 30 day minimum 

IID (Ignition Interlock Device): 180 days minimum

  • 2nd Offense:

Jail Time: up to 12 months

Fines: up to $1,750

Suspended License: up to 1 year

IID (Ignition Interlock Device): up to 1 year

  • 3rd Offense:

Jail Time: up to 1 year

Fines: up to $2,500

Suspended License: up to 1 year

IID (Ignition Interlock Device): up to 2 years 

Can I get a job with a DUI?

The aftermath you’ll experience with DUI issues can be destructive in many ways, employment being one of them. Fortunately, in the State of Kansas, the law requires employers to prove how the position a defendant is applying for has relevance to their DUI or DWI conviction if they refuse to hire them. 

Unfortunately, there will be shock waves for the long term from a DUI arrest and conviction that will create the most pain. Just a few of them are: 

  • Driver’s License Revoked – A DUI conviction can result in revocation of your driver’s license – a first time conviction can have up to two years revocation. This can make it difficult to get back and forth to work and with a job that requires driving, it could cost you your job. 
  • Background Checks – As we stated, the State of Kansas has laws that an employer has to prove how a position will be relevant to the criminal background, but it doesn’t stop an employer for conducting a criminal background check. Even if they aren’t able to establish the required relevance, there will always be that watchful eye. 
  • Auto Insurance – A DUI conviction an make it expensive to obtain automobile insurance simply because of the higher rates. A DUI conviction will classify you as “high-risk”, and your rates can increase as much as triple for several years. 
  • Professional Relationships – This may be the worse consequence of all – your personal relationships. Just the DUI arrest alone can cause issues you may not have expected. A DUI conviction can have an adverse effect on your family and friends, your employer, and coworkers. 
Hand holding a gear shift next to a bottle of alcohol.

In Conclusion – Is it possible to get a DUI dismissed?

Possibly, depending on the situation of the arrest and your criminal background. With the help of a criminal lawyer, your chances will be better. An experienced lawyer will look for any error or mistakes on the arresting officer’s part that could get the charges thrown out. If they aren’t able to find any support there, they will seek evidence and proof that the DUI arrest was invalid. The outcome could be anything from dropped charges with no record to reduced charges. If you or a loved one has experienced a DUI arrest, you can call Owen's Bonding Co. at 866-830-2663 to start the process of recovery by getting out of jail.

How does domestic violence affect the victim?

woman avoiding abuse

The different kinds of abuse

There are different types of violence in our world today, but among them, domestic violence may be the most damaging. What are the 5 types of violence? Within domestic violence, the 5 types of violence include: 

  • Physical Abuse: Included along with biting, grabbing, hair pulling, hitting, pinching, shoving, and slapping, the denial of allowing somebody to get medical care or forcing alcohol or drugs upon a person falls into this category. 
  • Sexual Abuse:  Attempt to or accomplish coercing sexual behavior or contact without the other person’s consent. This can include marital rape, attack the sexual parts of a person’s body, forced sex after physical violence, sexually demeaning treatment.
  • Emotional Abuse: Undercutting and undermining another person’s self-worth, self-esteem. This type of treatment includes constant criticism, diminishing a person’s abilities, name-calling, or damaging another person’s relationship with their children or family members.
  • Economic Abuse: The attempt to or action of controlling another person’s  financial dependency  by withholding  them from accessing their own money or forbidding the to attend school or work. 
  • Psychological Abuse: Causing a person fear by intimidation; threatening to physically harm another person, their children, or other family, friends or self;  destroying pets and property; forced isolation from family, friends, or anyone outside of the home such as attending  school or work.

Domestic violence can lead those afflicted and involved to be a part of other violent acts and continue the act of domestic violence. Until somebody within the circle steps out of that circle, or another person steps in, the circle will keep spinning.

Is domestic violence punishable?

Yes, in the State of Kansas, Domestic violence punishment is as follows 

Class B misdemeanor:  A minimum of 48 hours to a maximum of 6 months behind bars with a maximum fine of $500. Attendance in an intervention program may be required. 

If a prior conviction within 5 years exist for domestic battery, a new domestic violence charge becomes a Class A misdemeanor. Penalty can range with jail time between ninety days to twelve months with a fine up to $1,000. Possible probation with required attendance of batterer assessment. 

Is a domestic violence conviction a felony?

Yes, with a third or subsequent domestic violence convictions, the charge becomes a felony with a minimum of ninety days and a maximum of 1 year in jail along with a fine up to $7,500. There is no parole, probation, or suspended sentencing. A possible work release may be granted after convicted has completed domestic violence counseling. 

Is there domestic violence bail?

Yes, but only after a ‘cooling off’ time will bail be set by the judge, meaning the person arrested for domestic violence will be held in a cell for a period of time. The cooling off period is determined by each municipality and is usually determined by the circumstances leading to the arrest. 

How serious is a domestic violence charge?        

A domestic violence charges has three major collateral consequences: 

Living Arrangements: There are three ways a domestic violence conviction can affect where a defendant lives: 

  • Denied and forbidden to live in current home if accuser lives in the same residence. 
  • Landlord may refuse rental because of domestic violence conviction.
  • Deportation and citizenship denial. 

Employment: A domestic violence conviction can hinder current employment and opportunities for promotion. Background checks can lead to denied employment, especially certain fields that require interacting with children or women such as law enforcement, medical care, etc. 

Other Consequences: A domestic conviction can lead to a protection order for contact with the accuser. A violation of a protection order can result in jail time, fines, and probation, even if the accuser tries to contact the defendant.

Defendant is required to surrender all firearms to law enforcement and future ownership of firearms may be forbidden, including hunting and target range shooting. 

How many years do you get for domestic violence?

A minimum of 6 month and a maximum of one year in most cases.  The circumstances leading to the arrest and any prior domestic violence history can have an impact on the sentencing. 

arrested

How do most domestic violence cases end?

For a first time offender with no prior criminal history will get the lightest sentencing and required to attend a domestic violence program. Being arrested on any charge can be confusing and stressful, hiring a criminal attorney with a specialty in domestic violence is recommended. 

For the accuser and victim, domestic violence can damage their ability to trust again. Many will stay in the relationship or find solace in another that leads to domestic violence. These are situations that the abused person should seek guidance and counsel as well. Finding out why they allow themselves to be subjected to this type of behavior is key in getting out of the domestic violence pattern. Call 866-830-2663 today for your bail bonds needs in Wichita, KS.

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.