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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

Call Us Now for All Day Service

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.

What constitutes a federal offense?

police car enroute

Is a federal offense a felony?

Arrest and the legal process that follows can be confusing and frightening. When the arrest and legal process are federal offense charges, it can become even more so. To the everyday person, what dictates a federal offense versus a misdemeanor offense is often unclear. What dictates a federal offense and felony charges can be determined by many factors, leaving the general public with many concerns and questions. Each citizen is allowed legal representation and for good reason. The aid, guidance, and representation of an experienced lawyer is the best way to navigate through this process.

A felony is defined by the federal government as a crime that is punishable by death or more than one year of incarceration. If the punishment is for 1 year or less, it is a misdemeanor. The potential sentence determines the classification. As such, a crime is classified as a felony even if the sentence handed down is less than a year of imprisonment. Each state, the context or seriousness of crimes may determine their classification.

What is classified as a federal offense?

In America, a federal offense is when one has committed a crime and is prosecuted by federal criminal law boundaries as a replacement for of state criminal law. Some examples of federal offenses would be:  

  • Aircraft hijacking
  • Animal cruelty
  • Assassination of U.S. President/Vice President
  • Bank robbery
  • Car jacking
  • Child pornography
  • Computer fraud
  • Counterfeiting
  • Credit card fraudulent use
  • Electoral fraud
  • Espionage act
  • Identity theft
  • Kidnapping
  • Lynching
  • Mail fraud
  • Museum art theft
  • Obscenity
  • Tax evasion
  • Wiretapping

Additional federal offenses not listed above include hate crimes of federal nature, Federal Racketeering, and Corrupt Organizations Act, Patriot Act violations, Damaging/Obliterating public mailboxes, and immigration offenses.

Additionally, mandatory minimums for a federal offense that are drug-related could face enforcement of the implications set by federal law, such as the manufacture, sale, import/export, trafficking, or cultivating illegal controlled substances over state lines or American national borders. Minimum sentencing is mandatory for offenses involving certain drugs.

What kind of cases go to federal court?

Usually, if a case involves the United States, it will fall into the federal court system. Examples of those cases would be any that involve federal law, the United States Constitution, bankruptcy if several states were involved or any crime that has taken place on land owned by the federal government.

A case may go to federal if it falls within the jurisdiction of the federal courts, such as federal tax law. Typically, a case will not be brought into another court after being introduced in one system.

What happens when a case goes federal?

A federal criminal case will go through three steps: 

  • Pretrial – the person is charged and is either imprisoned, released (with or without conditions), the United States is required to provide evidence, and any pretrial motions are filed at this time.
  • Trial or Plea – at this stage, the accused pleads guilty and the case then moves on to sentencing. If the accused refuses a plea deal, a trial is scheduled. If the jury rules the accused is guilty, then sentencing takes place. Occasional, rare cases, the accused’s lawyer will discuss the case being dismissed with the prosecutor.
  • Sentencing – this process gets complicated. Read further to see the classifications for Felony and Misdemeanor charges and the possible sentencing.  
arrested

What is the minimum sentence for a federal crime?

The sentencing of federal offenses has minimum sentence mandates of five years, ten years, or life imprisonment without parole. The most committed federal offenses that fall into the mandatory minimum sentencing is:

  • Drug trafficking
  • Drug importation and exportation
  • Weapons crimes
  • Arrival crimes
  • Aggravated identity theft
  • Sex offenses and child pornography

Arrests, conviction, and sentencing are confusing processes. When it falls into the Federal courts, it becomes more confusing and it is to the person(s) involved to retain the best attorney possible to get them through the process with results that are in their best interest.

The following are federal offense classes and misdemeanor offense classes sentencing that can be handed down by the judge on jury recommendations. The lawyer for a defendant facing these sentences can appeal the ruling, file for retrial, or other motions within the federal or misdemeanor guidelines for the crime.

Felony

  • Class A: Life imprisonment or death
  • Class B: 25 years and up
  • Class C: 10 years to 25 years
  • Class D: 5 years to 10 years
  • Infraction: Maximum 5 days

Misdemeanor

  • Class A: 6 months to 1 year
  • Class B: 30 days to 6 months
  • Class C: 5 days to 30 days
  • Fines, probation and other criteria may be assigned by the judge as well, determined case-by-case and accused criminal history.

Being arrested, charged, and sentencing no matter the severity is a scary and unsettling situation to be in, for the accused and their family.  If you find yourself in this situation, it is in your own best interest to obtain a lawyer that is experienced and specialized in the charges you’re facing. Call 866-830-2663 today if you have federal offenses in Wichita, KS and need bail.

Is There Bail for Misdemeanor?

A Man in Handcuffs After an Arrest.

Is there bail for misdemeanor?

While misdemeanors are not considered as serious as felony charges, when arrested on misdemeanor charges, you may need to pay misdemeanor bail to get released from jail. As with other offenses, the judge has the final say in the bail amount, though usually misdemeanor bail is much less than for felony charges. The court may also release you on a recognizance bond, especially for minor misdemeanor charges or for a first offense. This means you don’t have to pay anything to be released. You have to promise to show up for your assigned court date, as you would if a bail amount was assigned.

If you need help paying misdemeanor bail in Wichita, KS, get help from the reliable professionals at Owen's Bonding Co.. We can be reached 24/7 for bail assistance at 866-830-2663.

What are misdemeanor charges

Misdemeanor charges are lesser crimes than felonies. In Kansas, misdemeanors are separated into four groups, outlined below.

  • Class A: These offenses are punishable by up to one year in county jail and a fine of up to $2,500. As an example, marijuana possession for personal use is a Class A misdemeanor.
  • Class B: Offenses that are punishable by up to six months in county jail and a fine up to $1,000. Battery is a Class B misdemeanor.
  • Class C: These are the least serious offenses, punishable by up to one month in jail and a fine of up to $500. Doing business with a prostitute is a sample of a Class C misdemeanor.
  • Unclassified: These offenses are ones lawmakers failed to classify. When there is no specific penalty stated, you receive the same penalties as a Class C misdemeanor.

Can you go to jail for a misdemeanor?

When you arrested for a misdemeanor offense, you may spend some time in jail until the bail amount is set and misdemeanor bail is paid or you are released on your own recognizance. If you are convicted of the offense, it’s possible you may receive jail time for the offense. A Class A misdemeanor, such as possession of marijuana, is the most serious misdemeanor offense, and you can be sentenced for up to one year in county jail. You can also receive more jail time if the offense was bumped up to a felony charge, which could happen depending on the seriousness of the offense, and your criminal record.

It’s important to get help quickly after an arrest  and get misdemeanor bail paid so you can work on your case. The most important thing after your release is making certain you return to your court date on time. It’s as imperative as maintaining your home after its roof has been damaged in a storm and roofing repair services are needed. 

Misdemeanor how long in jail

If you are convicted of a misdemeanor offense, the maximum jail time will vary depending on its classification. Class A misdemeanors have the longest jail terms, at up to one year in county jail. Class C misdemeanors have the least amount of jail time. With a Class C misdemeanor you could spend up to one month in jail. All jail time is served in county jails.

How much is bail for a Class A misdemeanor?

Misdemeanor bail amounts will vary, no matter whether the charge is assessed as Class A, Class B, or Class C or unclassified. Most misdemeanor bail amounts will be lower than a felony. On average the bail amount usually runs between about $500 to $1,000. The bail amount will depend on the offense, your standing in the community, your age, whether you have a job, or if you have a past criminal history. The court will look at these factors and determine whether they could affect your returning to court to meet your court date. Paying bail is a promise to meet your court date. 

How long do you have to pay bail?

Generally, there is no set time to pay bail. Usually the bail amount is set within 48 hours after you are arrested and booked and taken to jail. Once the amount is set, you usually either have to pay the amount in full or get help from a bail bond agent like the professionals at Owen's Bonding Co. to be released.

How long do you stay in jail if you can’t make bail?

Unfortunately, if you cannot afford to pay misdemeanor bail or felony bail, you normally will have to remain in jail until your court date. Because months could pass before a trial is set, many people try to get the help of a bail bonds service to get out of jail after they are arrested. If the bail amount set by the court is too high and you cannot afford to pay, you can make a formal request to the court to lower the amount. It is still up to the court to decide whether or not the bail amount is lowered.

When can misdemeanor be expunged

For a misdemeanor to be expunged from your record, the offense has to be eligible for expungement and enough time has to pass to make the request. In Kansas, most misdemeanors are eligible to be expunged after three years of an arrest or conviction. For the offense to be expunged you also have to have no felony convictions in the past two years, your behavior and circumstances warrant expungement and it is consistent with public welfare. When a record is expunged, it is not erased, but is sealed and the information cannot be disclosed, except in special cases.

Can misdemeanor affect jobs

Yes, misdemeanor arrest or conviction can affect your employment opportunities. Although laws prevent employers from discriminating against you for having a criminal convictions, in certain circumstances you may not get hired for particular jobs because of your history. In some cases, if you are getting licensed for a particular job, you will have to disclose that you have a conviction on the license application, and will have to explain the circumstances to the licensing board or commission. If your record hasn’t been expunged, when you are seeking employment, you may want to be upfront about your conviction, and explain the circumstances to your potential employer.

Hands Clasping Jail Bars.

Get help by calling today

If you’ve been arrested on misdemeanor charges and need to pay misdemeanor bail in Wichita, KS, get help paying bail from the professionals at Owen's Bonding Co.. Call us today at 866-830-2663. We’re available 24-hours a day.

Is Drug Possession a Crime?

Hands Locked Behind Back in Handcuffs

Can You Go to Jail for Possession of Drugs?

When it comes to possessing illegal substances such as drugs, its important to know that is it considered a serious crime in the state of Kansas. A lot of people ask, “Do first time drug offenders go to jail?” Because of the seriousness of the crime, most first time offenders can go to jail for possession. Depending on the drug and the defendant’s criminal background will determine what type of penalty the defendant receives. If you or a loved one has been arrested for drug charges, it is important that you hire an attorney in order to help you with your situation.

Drug Charges and Penalties

When it comes to drug charges many people want to know, “What is the mandatory minimum sentence for drugs?” Drug charges are going to depend on what other drugs you had on your possession, the amount of drugs you had, and if there have been prior drug sentences, but the minimum that someone can be sentenced for drugs is going to either be 5 years, 10 years, or even life in prison. If you or a loved one has been charged with possession or another drug charge then you might be wondering, “What is the sentence for possession of drugs?” It will depend on the type of drug and past convictions.

In terms of misdemeanors drug charges the question that gets asked is, “What are misdemeanor drug charges?” In the state of Kansas, possession of marijuana is considered a misdemeanor. Kansas has three categories for misdemeanors, which are class A, B, and C. For a first time offense for marijuana possession, it is a class B misdemeanor, which means someone can go to jail for up to six months or have to pay a fine of up to $1,000. If someone is convicted for a second time, they will be charged with a class A misdemeanor, which can land someone in jail for up to one year, as well as pay a fine of up to $2,500. Subsequent convictions will be considered felonies.

When it comes to felony drug charges, a lot of people ask, “What Drugs Are Felony Charges?” If there are prior convictions or the person has been found with schedule II or I drugs, then its considered a level 4 felony. Kansas classifies there drugs into schedules, with them ranging from schedule I, schedule II, schedule III, schedule IV, and schedule V. These are the charges and penalties for schedule drugs.

  • Schedule V: The types of drugs that you can be classified as schedule V drugs are Robitussin AC and Motofen. It is a class A misdemeanor, so You can get up to one year and jail, be fined up to $2,500, or both.
  • Schedule IV: Examples of drugs that are considered schedule IV drugs are Xanax, Klonopin, and Valium. It is a class A misdemeanor, so the penalties for a schedule IV are up to a year in jail, paying a $2,500 fine, or both.
  • Schedule III: Codeine and anabolic steroids are considered schedule III drugs. Since its considered a class A misdemeanor for these types of drugs, the penalty is up to a year in jail, a $2,500 fine, or having both.
  • Schedule II: Cocaine and meth are classified as schedule II drugs. Schedule II drugs are a level 4 felony, so someone will receive prison time, pay a fine of up to $1000,000, or both.
  • Schedule I: Examples of schedule I drugs are heroin and LSD. Due to the severity of the drug, it is a level 4 felony and that comes with a penalty of prison time, paying a fine of up to $100,000, or both.

Its important to note that for Scheduled drugs V through III, if there is a second conviction for these types of drugs, it will turn into a class 4 felony.

Can Drug Possession Charges Be Dropped

Man in Handcuffs Bows Head in Courtroom

Drug Charges Bond

When who have been charged with drug possession often wonder if they have these charges dropped. If you hire an attorney and end up going to court, then some of the defenses that can be used for trying to drop drug charges are saying the drugs belonged to someone else, having the evidence sent to a crime lab to determine if the drug is really a drug, saying the drugs were planted, there is entrapment conspiracy, or there was an unlawful search and seizure. Other factors that might contribute to someone getting a drug charge dropped is if they aren’t a flight risk, they don’t have a prior criminal record, they aren’t dangerous to their community, and this is their first offense. If you are awaiting trial for drug charges in Wichita, KS and need bail bond services, please call Owen's Bonding Co. today! We offer a wide range of services from felony to DUI bail. Our bail bond agents know this is a stressful time, which is why we try to secure your release as quickly as possible. Contact us at 866-830-2663 to learn more.

What Does Weapon Offense Mean?

Gavel and Hammer Used When Deciding on Weapon Charges

Concealed Weapon Charges in Kansas

If you live in Kansas, then you are aware that we have an open carry system. Anyone 18 or older is legally allowed to carry a weapon without a state-issued permit. The same is true for purchase, except you must be 21 or older. Which means you can’t be arrested for possessing a firearm without a license. You can, however, be charged and convicted for possession of a firearm if you are caught under the influence of alcohol. Or if you have previously been convicted of a felony. When that happens, you can very easily find yourself in jail needing help. That is when you need to rely on Owen's Bonding Co.. We can help post your bail for weapon charges in Wichita, KS. Call __PHONE__ to learn more.

Possession of a Prohibited Weapon Could Result in Weapon Charges

Weapon Charges Definition

A weapon charge, in the state of Kansas, is defined as possession of a deadly weapon that could threaten public safety. This could be a firearm, knife, bludgeon, or anything poses a threat to the safety of others. Now, in Kansas, anyone 18 or older is legally allowed to carry a weapon, concealed or not. You cannot be charged for carrying a weapon in Kansas without a permit, because Kansas allows residents to carry without them. You cannot leave the state without a permit, but you are not required to have one. Many can often find themselves arrested and charged because of previous arrest warrants. Having a reliable bail bonds company to provide arrest warrants help can be critical to getting back in your home.

That in mind, if you are charged or convicted with a weapon charge, you more than likely have a lot of questions. The one that almost everyone wants to know is, “Can deadly weapon charges be dropped?” Honestly, that is a complicated question with a complicated answer. Deadly weapon charges can be classified as some of the highest convictions in the state. This comes with several months in jail, probation, and up to $100,000 in fines. If your attorney can prove that deadly weapon was not present during an assault or during your arrest, there is a possibility of the charges being dropped, but that evidence needs to be definite. 

Types of Weapon Charges

In the state of Kansas, you are allowed to carry a firearm or weapon at the age of 18. You have to be 21 to purchase, but you do not need a license or permit to carry. That being said, you can still be charged with a weapons charge if you are caught under the influence or with a prohibited weapon. If you or a loved one has been arrested and charged, call Owen's Bonding Co. for help with bail bond services.

  • Carrying a Weapon While Under the Influence: If you are charged and convicted with carrying a weapon, concealed or open, while under the influence of alcohol, drugs, or any other substance, that is considered a class A misdemeanor. These charges come with jail time, possibly, up to a year and a fine of $2,500. 
  • Being a Felon and Possessing a Firearm: Do not be a felony possessing a firearm in Kansas. If you are caught, that is classified as a severity 8, nonperson felony. With it comes county jail time up to 23 months and 18 months’ probation. On top of that, a $100,000 fine. 
  • Possession of a Prohibited Weapon: Owning or possessing a prohibited weapon could be classified as at a severity 9, nonperson felony. With this charge, you could face 17 months in jail, possible probation and/or a fine up to $100,000. You could also very well be charged with a class 1, nonperson misdemeanor. The severity of the conviction will be dependant on your criminal history, the weapon in your possession, and more.

These and other weapon charges that can find you in jail needing bail. When that happens, contact Owen's Bonding Co.. We can help get you back on your feet so you can defend yourself and be better prepared for possible conviction charges.

Frequently Asked Questions

  • Is carrying a concealed weapon a felony or a misdemeanor?
    • In Kansas, carrying a firearm is permitted even without a state issued license so long as you are over the age of 18. You do have to be 21 to purchase a firearm, but you are allowed to carry at 18. You will face felony or misdemeanor charges if you are intoxicated while carrying, even with a permit.
  • Is possession of a firearm a felony or a misdemeanor?
    • In the state of Kansas, anyone 21 or over can legally purchase a firearm. You do not have to have a permit to carry a concealed or open weapon. Felony or misdemeanor charges apply to those that are under the influence of something while carrying or carrying a weapon when they have previously been convicted of a felony or misdemeanor.
  • What is unlawful possession of a weapon?
    • Unlawful possession of a weapon would be owning or carrying a weapon without a state issued license. Since you don’t need a license in Kansas, this applies to those who have previously been convicted of a felony. Or those that own prohibited weapons like throwing stars and bludgeons. 
  • What is criminal use of prohibited weapon?
    • Prohibited weapons are things like machine guns, brass knuckles, throwing stars, bludgeons, and more. Criminal use of these weapons would be possessing them and using them to harm others or to threaten public safety. 
  • What is the penalty for having an unregistered gun?
    • Kansas has the right to carry throughout the state, so you cannot be charged with a felony or misdemeanor for carrying a concealed or open firearm if you are over the age of 18. You will be facing a penalty if you have a firearm and are under the influence of a narcotic or alcohol. 
Judge Issuing Weapon Charges in Court

Connect With Owen's Bonding Co. For Help Today

Rely on Owen's Bonding Co. for bail if you are facing weapon charges in Wichita, KS. Call 866-830-2663 to get started.