Author Archives: Air Capital Bail Bonds

How can you prevent a DUI?

DUI checkpoint sign

Staying safe while having fun

A lot of us like to celebrate and relax with an alcoholic drink every now and then. Maybe more than one or two, but before you take that first drink, do you have a DUI prevention plan? Like most states, Kansas law doesn’t tolerate drinking and driving, and with these statistics, it is understandable: 

  • Driving while impaired will touch the life of one in three Americans during their life. 
  • Over 40,000 people are killed in motor vehicle accidents every year. 
  • Over 15,000 of those are involved alcohol. 
  • Every 33 minutes one person dies in an alcohol-related crash.
  • Every 2 minutes one person is injured in an alcohol-related crash. 

If you never understood why a DUI prevention plan is recommended for those nights out with friends, maybe those statistics can shed some light on the subject.  A DUI is serious, but the real wake up call should be the possible consequences of driving while under the influence. How many people can one drunk driver put in danger and how can each of us step up to the plate to prevent fewer DUI accidents and deaths? 

How dangerous is drunk driving?

The effect of alcohol puts anyone on the road at risk, and the person that is intoxicated and driving is setting themselves, and other, at a lifetime of pain and suffering. A DUI prevention plan can help avoid these accidents. How dangerous is it for somebody that has been drinking get behind the wheel of a vehicle? Any or all of these can be caused by driving under the influence: 

Reaction time slows 

With alcohol in our system, we respond to situation slower than if when we have a clear mind. With a slower reaction time, the possibility of being involved in an accident is increased. One example is when a vehicle stops suddenly in front of an impaired driver, that impaired driver’s brain isn’t processing the need to stop as quickly and has a higher chance of causing an accident.

Absence of coordination

Our eye, foot, and hand coordination is crucial in our safety and those around us. With alcohol in our system, we lose our coordination skills that enable us to avoid danger and prevent accidents. A DUI prevention plan can eliminate that danger of being behind the wall for any person that has been celebrating or relaxing and is having is having trouble walking without staggering or swaying or can’t stand up without assistance. With a high level of alcohol in our system, many people can’t find their vehicle or get the keys in the ignition without several attempts.

Low concentration level

Alcohol influence our concentration and driving takes a lot of concentration. Staying in one lane while driving, keeping under the speed limit, but not too slow, concentration of other vehicles on the road around us, signal lights and signs, and more. 

Impaired vision

An excessive consumption of alcohol negatively impacts our vision, it becomes blurred and crossed. We aren’t able to control our eye movements with alcohol in our system, impairing our vision. This makes it difficult to judge distances between  vehicles and see things on the road, like a pedestrian.  

Judgement inhibited

With alcohol in our system, we aren’t able to make good judgement in certain circumstances, including being behind the wheel of a vehicle. Judgement is a crucial tool when driving, and when that judgment is affected, we can’t make rationale decisions like the timing of pulling out into traffic, or how to respond to another person that pulls out in front of us. 

What is the punishment for drunk and drive?     

The State of Kansas takes DUIs, or any type of impaired driving seriously. A first conviction for driving under the influence, aka DUI, the possible sentencing can be: 

  • 48 hours imprisonment
  • One hundred hours of community service
  • Court-ordered alcohol/substance abuse safety and/or treatment program
  • Fines starting at $500 and as high as $1,000 in fines
  • Court costs and various fees
  • Thirty day license suspension

Subsequent DUI offenses will be sentenced to a minimum of ninety days imprisonment, larger fines, a longer suspension of driver’s license, and probation. Probation officer may recommend to the courts attendance of dui prevention classes would be in the best interest of the defendant. 

Of course, to avoid possible DUI issues is to not drink and drive or to establish a DUI prevention plan beforehand.  

How can I avoid a DUI conviction?

A DUI or DWI arrest and conviction can be devastating on many levels.  It puts other drivers and non-drivers at risk of possible injury, even death, the arrested person will be facing possible jail or prison time, hefty fines and fees,  disruption of family, possible job loss, and overall, their reputation is marred. jail time and can ruin a person’s reputation. Such issues can ruin relationships and even result in job loss. With a little forethought to determine a a DUI prevention plan, these things can be avoided, like  these tips. 

1. A Designated Driver: When you know or plan to be consuming alcohol, alone or in a group, arrange a designated driver that will not be partaking in alcohol or drugs. This needs to be a person that understands the importance of this “job” and the expectations that come with it. They should be somebody that can be trusted to uphold this responsibility and make sure every drinker gets home safe and sound. They should have the names, addresses, and alternate contact phone number of everyone they are watching over and have a valid driver’s license and insurance. 

2. Public Transportation: For anyone that is going to be out drinking, public transportation is an excellent substitution to having a designated driver. Public transportation can include buses, taxis, trains, or driver sources like Lyft and Uber. Mothers Against Drunk Drivers also offers transportation services. Each of these are easy to obtain and are much less expensive than the possible aftermath you could face with a DUI or DWI. 

3. Book a Hotel, Plan A Stay  Over: When attending an event or a party, book a nearby hotel room where transportation to and from can be arranged. Or if at another person’s home, arrange to stay over. 

4. Hide/Take Keys: As the party host, create a a DUI prevention plan that includes collecting everyone’s keys as they arrive. Then make the judgement call if they are able to drive home safely.  If you’re out with other people and somebody is intoxicated, take their keys from them.  

5. Offer  Alternative Beverages: As a party host, create at a DUI prevention plan like having non-alcoholic beverages on hand. Coffee, juices, soda, or water are excellent choices. 

6. Provide Appetizers and Food: A party host should have appetizers and other food out where their guests can get it easily.  Walk around the party with appetizers on a tray, offering one to those who have alcohol in their hand. By offer a meal at the beginning of the party, you can minimize how much alcohol is consumed. 

7. Stop Offering Alcohol Early: Stop serving alcohol before the party starts wrapping up. This will ensure your guests have time to sober up before they leave. One to two hours is recommended. 

8. Keep Alert: As a responsible party host, it is your responsibility to keep alert and pay attention to your guests and their level of drunk. If a party goer drove to your home and has consumed too much alcohol, offer them a bed for the night or to call them a taxi or some ride-share service. 

9. Call the Family: If you have a guest that doesn’t need to drive home, call, their family and let them know that you have offered them a place to sleep or ask if they’d like to come pick them up.  

10. An  Early Start: A sure-fire winner for a DUI prevention plan  is to schedule your party or even to start as early as possible so that your guests can enjoy a drink or two before having to drive home. The earlier a party or event starts the easier attendees will have getting home. 

Do DUI laws work?

Believe it or not, there are people that have the theory drunk driving laws are more harmful than helpful. While it has been proven many times that drunk driving is dangerous, abolishing DUI laws would make the roads safer for all of us according to a few people. How? Why? Keep reading for their theory:

  • Drunk driving laws don’t save lives: A federal law pass in 2000 lowered the legal BAC (blood alcohol content) from .10% to .08% blood alcohol. The results aren’t what was intended though. The number of traffic fatalities related to alcohol increased immediately. Before that new law, there had  been a decline over the previous 20 years. What happened? 
  • A distraction for law enforcement: New techniques had to be employed to work with the new law. While .08% BAC is legally drunk, many drivers are within that legal boundary, therefore they don’t have any noticeable signs of being intoxicated. This makes it difficult for law enforcement to catch anyone with illegal BAC because they didn’t appear to be intoxicated and no problem with driving normally.
  • Drunk driving checkpoints: One of the techniques for law enforcement to combat the DUI issues was to set up roadblocks with check points.  This kept law enforcement officers busy arresting those tested at the roadblocks but weren’t necessarily driving dangerously. With more officers manning the check points, fewer officers were patrolling intoxicated individuals that were driving dangerous and reckless, resulting in an increase of alcohol related fatalities.  
  • Blanket BAC limits ineffective: The set .08% BAC limit doesn’t have the same affect on everyone.  Yes, there are people that alcohol impairs them before the .08%, but there are other people that aren’t even close to being impaired. A large person of 300 pounds will usually have a higher limit on what they can consume before they are drunk. 

A person’s appearance of intoxication can be affected by other factors like fatigue and medication. There have been many arrested for DUI that had a BAC lower than the .08% because of how their medication affected them or they had worked a 12 hour shift. 

DUI bail abstract

How can we prevent drinking and driving?

 In addition to creating and following a DUI prevention plan , the next best prevention for dui can be by following these dui prevention tips:

  • A designated driver
  • Don’t drink alone when out. 
  • Eat while drinking. 
  • Call for a ride if you’ve been drinking. 
  • Don’t ride with anyone that has been drinking. 
  • Stop anyone that appears intoxicated from driving.

Need help with DUI bail in Wichita, KS? Call Air Capital Bail Bonds today at 316-755-5142.

What does a personal bond mean?

A Gavel and Handcuffs

How does a personal bond work?

When a person is arrested, there is typically an arraignment where they go before a judge and plead guilty or not guilty to the charges that placed them in jail. The judge then sets their bail, and that person may have the option of posting a personal bond. So, what is the difference between a personal bond vs bail bond and how does a personal bond work? 

The arrested individual can either pay the bail directly with their money or they can contact a bond company to post the bail for them. Some arrested individuals are released on Personal Bond if the accused crime is minor. With a personal bond, the person is booked and processed as normal protocol set by the legal system, but a personal bond cost is zero, meaning, they do not pay anything to be released. 

However, with a personal bond, they are cited and given a court date to appear before the judge for sentencing of the accused crime. If the person fails to appear in court on the date given, they will be responsible for paying the full amount of the bail and possibly arrested again. This is a judge’s decision to make and is based on the crime committed and the person’s history.

How is bond determined?

Bail and bond are often used in conjunction as if they are one and the same. However, they are not, the difference being money, or the person who is guaranteeing the defendant will return for appointed court dates. 

  • Bail: A set amount of money the accused, a family member, or friend must pay the court for the person to be released from jail with the guarantee they will appear at their court date. 
  • Bond: This is money paid by a bail bonds agent on the defendant’s behalf that the defendant will return to court as set by the judge. 

So, the judge sets the bail amount. They have an approved amount set by the governing offices of the city, county, or state, depending on which court reigns over the criminal charges.  The bond amount is typically 10% of the bail amount and is paid by a bail bonds agent in the form of a bond with their agent’s signing for the accused. Or a family member or friend may pay if the bond is approved by the courts. A personal bond for bail may be approved by the judge and paid by the individual. 

Can you bond yourself out of jail?

It depends on the crime a person is accused of committing and the person’s criminal history. If the person has the required bail amount on their person in cash money to post a personal bond in court at the time of their arraignment before the judge and the judge feels they are not a threat to society of themselves, then a personal bond with surety may be offered without a co-signer.

How long do you stay in jail if you don’t post bail?

Being arrested and jailed is a scary thing to go through, and the process can be confusing. Hiring a defense attorney is always recommended as being the first step to take.  

After a person is arrested they are placed in a holding cell until they are processed. The processing procedure includes entering the arrest in the court system, a mug shot, and fingerprints as well as searching for any previous criminal records. Then that person is presented before the judge for arraignment.  

The arraignment is where the defendant is asked how they plead, and the judge sets their bail. As we have covered earlier, if they have enough money to cover the entire bail amount, the judge may allow them to post a personal bond. Other options include having a family member or friend post bail through a bail bonds agent or hiring an attorney who will sign their commitment to get the person back for their court date. 

What if a person doesn’t have any of these options available? They don’t have the money; they don’t have or don’t want to involve family or friends in the matter and can’t afford an attorney.  

This can vary from person to person and by crime accused. If you can’t get bailed out, then you sit in jail until your court date. Depending on the backlog of the court, this could be as long as a few days, or months, or even years. The bigger the area the court reigns over, the more cases are already in waiting. 

A Bail Bonds Office

In Closing 

Sadly, there are some people that carry cash on them for “bail money”, which would tell us they expect to get in trouble. Most of us won’t carry that much cash, and therefore, an attorney or bail bonds agent like Air Capital Bail Bonds is needed if family or friends aren’t available to rely on for bail. Hiring an attorney will not only get a person bailed out until their court date, but an attorney can guide them through the process that is forthcoming. For bail bonds help call us today at 316-755-5142.

How Much Does Bail Usually Cost?

felony bail bond

How Much Does Bail Usually Cost?

Are you wondering how much bail costs in your state? In Kansas, the bail premium is set by law at approximately ten percent of the total amount of bail. For example, if your bail has been set at ten-thousand dollars, then a bail bond company will only charge the defendant or co-signer one-thousand dollars. This makes it easier and more affordable to work with bail bond companies when you or a loved one are in trouble.

How are Bail Amounts Determined?

If you or a loved one has been arrested for a crime, you may well wonder how bail amounts are determined. In order to understand more about this process, please review the following list.

  • Under the surety bond arrangement the defendant or co-signor only needs to put up ten percent of the bail to the bail bond agent.
  • The agent guarantees the entire bail amount to the court.
  • State law requires bail bond companies to keep the ten percent premium as the cost for the overall procedure.

Can You Bail Out on a Felony Charge?

When you need felony bail bonds, it’s critical for you to receive them in a timely manner. It’s vital to understand that felonies are much more serious crimes than misdemeanors. Accordingly, the courts can deny bail completely. The court also has the power to release defendants for no bail at all. Each court will have it’s own bond schedule.

Why Do You Only Have to Pay 10% of Bail?

Most people will agree that it is a boon to only have to pay ten percent of bail when you are dealing with a bail bond company. In order to post a bail bond, you will need to pay your bail bondsman ten percent of the total bail amount. In other words, if your bail is five thousand dollars, you will need to pay ten percent, or five hundred dollars. Once your court case is concluded, you will not receive your payment to the bail bond company back because it now belongs to them. This is an accepted part of the judicial process.

How Do You Bail Someone Out With No Money?

Generally speaking, the bail bond process in Kansas will begin after a defendant is booked for a charge. The defendant will be allowed a phone call. He or she can call a bail bond agent directly or call a friend or a family member. If the defendant calls a friend or a family member, they can call a bail bond company and make payments to them directly. If the defendant themselves does not have the capital to get themselves out of jail, there should always be a way for them to get out of jail by using the help of a friend or a family member.

How Much is Bail for Felony Theft

Are yo uwondering how much bail is for felony theft in Kansas? It’s essential to understand that if the value of the item stolen is over one-thousand dollars then the charge is a felony and the defendant will be subject to the Kansas sentencing guidelines. If the value is under one thousand dollars then the charge will be a class A misdemeanor with a maximum penalty of one year in the county jail.

What is the Average Bail for a Felony

As previously mentioned, misdemeanors are far less severe than felonies are. Accordingly, for a misdemeanor, the bail can be set at around five-hundred dollars. However, how much the bail amount is will largely be left up to the judge. The judge will have jurisdiction to raise or lower the amount based upon the circumstances of the case. This means that there are two independent variables to be aware of. One of these variables is the judge, and the other variable is your case scenario. Are there lots of severe penalties involved? If so, your bail may be exponentially higher.

felony bail bond

How Much is Bail for Felony Vandalism

Are you interested in finding out how much bail is for felony vandalism in Kansas? Well, according to the Kansas Code, one can be charged with criminal damage to property if they have intentionally damaged, defaced, destroyed, or impaired someone else’s property. If the damage is less than one thousand dollars, then it will be termed a Class B Nonperson misdemeanor. If the damage is between one-thousand and twenty-five thousand dollars in damage, then it is termed a Severity Level 9, Nonperson Felony. If the damage is over twenty-five thousand dollars, it is a Severity Level 7, Nonperson Felony.

For those of you who are wondering how much is bail for a felony in Wichita, KS, we are here to help. You can always reach out to us at 316-755-5142 to receive comprehensive bail assistance.

What does a cash-only bond mean?

gavel and cash bond

Do you need cash to bail someone out of jail?

While the exact process may vary from state to state, the general routine is when somebody is arrested and taken to jail, they go before an arraignment judge. At that arraignment hearing, the judge sets bail, an amount of money that must be paid for release until their trial hear, sometimes it is set as a cash only bail

Sometimes the defendant can post their own bail, they may call an attorney who will post bail (and that is the first recommendation is calling a criminal attorney), or a family member or friend may get a bail bondsman to post bail. When a cash only bail is set, there are cash bail facts that should be understood and requirements to be fulfilled. 

When you find out that a loved one or a friend has been arrested, the hardest part is waiting for bail to be set by the arraignment judge. Until that has taken place, the defendant is stuck in jail, sitting behind bars. Of course, all the images we see from movies and televisions are running through our mind of horrid conditions. So, we worry. 

Then, we get the phone call that bail has been set and the process is read for that first step: paying bail for that person to be released from jail. There are three options that can be taken in bailing a person out of jail: 

  • Pay the court the full bail amount in cash
  • Use collateral for bail 
  • Hire a bail bondsman

These three options each have a cost and a level of risk. By posting a cash only bail yourself, it will save you money that a bail bondsman will charge. However, if the defendant jumps bail, you lose the full amount paid in cash. Each person for each situation has to determine which of these options is best and doable. Because most people do not have the fund to pay a cash only bail, the bail bondsman or hiring an attorney are the more common route taken.  

What is the difference between a cash bond and a bail bond?

The biggest difference between cash bail or bond is the cost. A cash bail vs surety bail is the cash bail is exactly what it says and must be paid in cash. There is no need to hire a bail bondsman or an attorney to get the defendant released from jail once that cash only bail has been paid in full. A surety bond is acquired through a bail bondsman, generally at a lower cost upfront, but at the end of the process, it has a higher cost attached. 

Confused? For a cash only bail, the defendant, family, or friend will be required to pay the court in cash the amount of bail set by the judge in the arraignment hearing. If there the judge did not set the bail as a cash only bail, family members or friend can get a bond through a bail bondsman and pay only a percentage of the bond’s value to the bail bondsman.

Can a lawyer get bail reduced?        

In most cases, an attorney can negotiate with the arraignment judge to lower the bail, or if a cash only bail has been set by the judge, the attorney can give argument to the judge change that to a 10% cash bond. 

A criminal defense attorney can also recommend a bail bondsman. There are some attorneys that work with certain bail bondsman and will get a reduced premium rate to have a client bonded out of jail. The relationship between an attorney and bondsmen is built on mutual trust that the defendant being bailed out is not a flight risk. 

Why is bail so expensive?

There are reason a judge sets bail at a high amount and the bondsman charges a high rate is and incentive and motivation. The incentive and motivation is to assure the defendant follows the conditions established by the judge in order to be released and that they will be in attendance for all court dates going forward. The money paid for bail may be refunded once the defendant has met all conditions established by the judge. 

arrest and bond

How can I get out of paying bail bonds?

There is a bail amount set by the arraignment judge, and there is bail bonds, the money paid to meet the bail amount established. In Kansas, there are some cash bail alternatives to be released from jail: 

  • Released on Own Recognizance – A judge can release a defendant on his/her own recognizance if they reside close to the court without any money being paid.
  • A Cash Bond – An arraignment judge by establish a cash only bond or a defendant may pay the full amount of the bail set by the judge in cash. After the defendant has appeared in person for all court dates, the cash bond is refunded less any administrative fees and court costs.
  • A Surety Bond – When a defendant, family member, or friend do not have cash to post bail with the courts, they can get a surety bond from a bail bondsman. This usually requires a payment of ten percent of the bail paid to the bondsman who will bail the defendant out of jail by guaranteeing to the court the defendant will be present at all court dates. A bail bondsman will sometimes require collateral from the defendant or the person placing the bond. 
  • A Property Bond – A property bond is placing property of value up for the bond by the defendant or a co-signor for collateral. The court will place a lien on the property offered, which must be valued at the amount of the bail or more. 

The wisest thing to do is to stay out of legal trouble and not be arrested. There are circumstances that happen though, and with the legal system in this country, we have the arraignment courts and bail amounts set for release.  This allows the defendant to have their day in court and prove their innocence. Need cash bail in Wichita, KS? Call 316-755-5142 today!

Can you bail someone out of ICE?

immigration and a permanent resident card

Immigration and arrest

Immigration is a scary world for many, regardless of what country they are from or where they are currently living. It often proves theory to the old saying, “The grass is always greener on the other side.”, only to find out it may be greener, but it isn’t easy to become adjusted, especially if you’ve broken the law. 

To most of us, the law seems clear and simple, and if you don’t break it, you won’t get in trouble. However, when you’re from another country, those laws aren’t always clear, or they are misinterpreted.  The next thing you know, you’re one of 100’s, even 1000’s of bail immigration detainees and looking for immigration bail information you understand. 

First of all, what is an immigration bail, exactly, and how is it different from other types of bail in Kansas? Immigration bail in principle is paid by a bond as determined by the immigration judge. This is a type of federal bond or guarantee required by any person arrested that is a Green Card holder or is undocumented.

How long can you be held by ICE?

In the United States, it was reported by the Immigration and Customs Enforcement agency that over 400,000 immigrants were presented before an immigration judge and then deported in 2018. Before they were present to the judge, they were in the custody and held by ICE agents. 

These illegal immigrant came to ICE after being arrested by law enforcement for various crimes. Those crimes could be as serious as murder and as simple as a traffic infraction. ICE is a division of the Department of Homeland Security agency and return any immigrant that is believed could cause problems for this country, making it unsafe for American citizens. 

ICE agents will hold an immigrant up to forty-eight hours before deporting the person back to their home country unless they are able to obtain an immigration bail was set by the judge based on the immigration bail conditions stated. 

How do I pay bail for immigration?

An immigration bond can by paid by the individual that is being held by ICE or by another person, usually a family member, friend, employer, or an immigration bail bond agent. They are available at the immigration office and must be paid in cash or with a U.S. Post Office issued money order.         

What are the different types of immigration status?         

There are four different  immigration status. Here we have listed them and their characteristics as follows: 

U.S. Citizens

Born in this country or have been here three to five years are now naturalized. A naturalized citizen can never have been deported and has the rights to all public benefits with qualifications met. This person has the right to file for a spouse, child, parent, or sibling to become legal U.S. citizen.

Conditional or Permanent Resident

A conditional status is for a person that been married 2 years or less before receiving a green card. They must file jointly with spouse for the condition to be removed within 24 months after receiving green card or face deportation. 

A legal permanent resident is a person with  a green card or a legal resident that has received authorization to reside and work in America on a permanent basis. 

The conditional status can be converted to permanent status by filing a Petition to Remove the Conditions. Certain supporting evidence must be presented with the petition along with appropriate fees. 

Non-Immigrant

This status is for person that are in the United States legally on temporary basis. Examples of the non-immigrant status includes:

  • students
  • business visitors or tourists
  • fiancées 
  • individuals temporary protected status

Typically, non-immigrant recipients do not have plans to immigrate, meaning they are planning to return to their homeland. 

Undocumented

Any person here without permission, or illegally, is undocumented, meaning they have not received permission to reside in the United States. They do not have rights to gainful employment, public benefits, or be issued a driver’s license. An undocumented person is constantly at risk of deportation at any time. 

court case and legal proceedings

How can I check my immigration case status?

Like most things today, this can now be done online if the person(s) seeing their immigration status have filed for one of the following: 

  • family-based green card category 
  • employment-based green card category

This process usually take weeks, but with the influx of recent applications, it may be months. To get your immigration status online, you’ll need the 13 digit Receipt Number for your application or other identifying information.

It is common for an immigrant not to have a clear understanding of the English language or the legal issues at hand. At any time, a person that is thought to be here in the United States illegally and is arrested, their first action should be to hire an immigration attorney. That person will be with you from the moment you see the immigration judge until you are released. Need help with immigration bail? Call Air Capital Bail Bonds today at 316-755-5142.

Do You Need Weapons Violation Bail in Kansas?

Knife over 3 inches long

Violation Bail When You Need It Most

Being charged and arrested for any crime or violation is a serious matter, but when it has a weapon involved and becomes a weapon violation, it can become even more serious. It may require weapons violation bail. What is weapon violation? There are Federal and State laws and regulations in place focused on weapons, primarily firearms. When those laws are regulations are broken, it becomes a weapon violation and is punishable by fines, jail time, and possible more severe penalties. 

Some of the Federal, State and Local Weapons Laws in place regarding guns or other weapons include the following weapons violation examples: 

  • Possession: possession of a weapon is legal, but there are restrictions.
  • Licensing: person with weapon must be licensed as dictated by law.
  • Carrying: each state has specific laws for carrying a weapon.
  • Transporting: transporting guns or weapons across state lines and within a state.
  • Use: there are strict laws and prohibitions when weapon can be legally used.
  • Sale: the sale of firearms or any weapon are subject to state and federal laws.
  • Manufacturing:  weapons manufacturing laws are strict and often unclear.
  • Importation: specific laws in place regarding the import of weapons. 

What does unlawful possession of a weapon mean?

In the state of Kansas, most adults are allowed to carry guns, concealed or openly.  A person who is twenty one years old and older is not required to have a permit to carry a gun,  either concealed or openly in public. Nor is a permit needed to carry a gun in their private vehicle excluding the following restrictions where it is a State law violation. Examples are as follows: 

  • Concealed Handguns and Young People: Person younger than twenty-one years may face Class A misdemeanor for carrying a concealed handgun on their own property or a fixed place of business.
  • Under the Influence and Carrying a Gun is illegal in the State of Kansas regardless of age.

It’s also a class A misdemeanor to carry a loaded gun on your body or within reach in a vehicle while you’re under the influence of alcohol or drugs, unless you:

  • are at your home, business, or property; or
  • have the gun temporarily while defending yourself or someone else.
  • Carrying a Gun at School: It is illegal to possess a gun on school property or while attending school-sponsored activities for grades Kindergarten through 12th grades. Exceptions to this law are: 
  • concealed handguns carried by anyone twenty one years of age and older that isn’t prohibited otherwise from possession of firearms under federal or state law.
  • any gun a parent has in private vehicle and is dropping off or picking up a student, or by any person registered to vote and on school property to vote
  • gun possession being used for authorized safety course or with permission from an administrator.

Any violations of these laws and restrictions may end up with an arrest and weapons violation bail will need to be posted to be released. 

Is your first gun charge a misdemeanor?

The state of Kansas has the most gun-friendly laws in this Country. The following weapons violations for first time offender are a Class A Misdemeanor that will require a weapons violation bail be posted are: 

  • Under the age of 21 years carrying a concealed handgun not on private property or a fixed place of business.
  • Carrying a Gun While Under the Influence.
  • Carrying a loaded gun on your person or have one within reach inside a vehicle while under the influence that is not on your private property or is not being used for self-defense. 

Can you have a gun while out on bail?

When a person has been arraigned on a crime, the bail release conditions may include no contact with certain persons and possession of firearms or other dangerous weapons prohibited. Attorneys in the State of Kansas will always recommend their clients to give their firearms, ammunition, and dangerous weapons, to a responsible family member or friend pending the outcome of their case. 

This is including any person that is a current or former law enforcement, armed force, or carries a concealed handgun license. Any violation of the bail release could result in a higher weapons violation bail to be posted, or bail may be denied. 

Is weapons violation bail expensive?

As with any charges you’ve been arrested for, the amount of bail will depend on several any factors, three of which are:

  • Circumstances leading up to the arrest
  • Criminal history
  • Community standing

You may be able to get bail bondsman to bail you out as with any other type of charges. They will have their own factors of consideration in agreeing to a bail bond in addition to the things we’ve listed above.  Typically bail bond is 10% of the bail, for a weapons charge, it may be higher based on those consideration.  

Is unlawful carrying of a weapon a felony?

Currently, under Federal law and State of Kansas law, any person who has been charged with a felony crime, it is illegal to be in the receipt of, possession, and transportation of fire arms and can be tried as another crime in felony court as a separate crime and will need to post weapons violation bail if the judge allows bail in this situation.  

How can you get weapons violations bail?

The State of Kansas gun laws are considered lenient; however, they are not without restrictions. In this country, a person is believed to be innocent until proven guilty, so anyone finds themselves with weapon charges should contact an attorney and post bail once they have been arraigned.  

Unconcealed gun

Is weapons violation bail variable?

Whatever the crime a person is charged with, including weapons violation bail is not a one-size-fits-all amount. The reigning judge will take several factors into consideration before they state bail for a weapons charge. Among those considerations would be the person’s criminal history, the seriousness of the offense, and the surrounding situation of the arrest. 

In the best interest, it is always recommended to stay out of legal trouble. Unfortunately, there are unfortunate circumstances and things happen. If this happens, the first step is to hire an attorney and follow their advice and instructions. They will have your best interest and give you the instructions, including avoiding the need to face charges that need a weapons violation bail. Call 316-755-5142 today for your bail needs.

What Does a Personal Recognizance Bond Mean?

Judge gavel with contract and cash money (random english dummy text used)

Learn More About Personal Recognizance

When it comes to having your legal obligations lightened in weight many wish for personal recognizance otherwise known as a personal bond. If you wish to learn more about personal recognizance and what it can mean for you get in touch with your legal representation today. Until then, here is some general background information regarding personal recognizance that can prove helpful to you.

What does recognizance mean?

Personal recognizance in some common law nations refers to a conditional obligation taken by a person before a court of law. This obligation is one of record that is entered into either a magistrate duly authorized or a court whereby the party that’s bound recognizes that they owe a personal debt to the state.

What does it mean when someone is released on their own recognizance?

When someone is released on their own personal recognizance after they have been arrested they won’t have to pay bail to the court since a bond isn’t posted. After promising in writing to appear in court for all future proceedings the suspect is then released.

What is supervised own recognizance?

Supervised personal recognizance release is when a defendant is still in an ongoing criminal case but gets released with certain conditions. Conditions will vary on a case by case basis yet common ones can be wearing an electronic monitor or submitting to unannounced drug or alcohol tests.

Who qualifies for a PR bond?

The judge will be the one to decide if someone is eligible for personal recognizance and will factor in several things such as if the case is non-violent or violent. People who qualify for personal recognizance will typically have good standing in the community that they reside in and a clearer criminal history.

Criminal Records Insurance Form Graphic Concept

What factors are considered when releasing someone on personal recognizance?

  • The severity of the crime charged;
  • The suspect’s criminal record;
  • The danger posed to the public if the suspect is released; and.
  • The suspect’s ties to family, community and employment.

What happens if you violate a PR bond?

If you violate a personal recognizance bond there can be more restrictive conditions such as having to check in more often with your court officer or going to court more often. Some things that may be added on can be wearing an ankle monitoring device if the bail violation involved leaving the state. Depending on the type of violation, the judge, and your history with the court added conditions and restrictions may vary. Even though you might have more severe conditions your lawyer may be able to fight for more lenient restrictions. However, the more you violate your bond the less leverage your lawyer will have. Ultimately, violating your bail conditions may or may not lead to your bond being revoked. Make sure to abide accordingly to your conditions to the best of your ability.

Can a PR bond be revoked?

A personal recognizance bond can be revoked if there is a new charge, conditions are not met, you get arrested again, fail to show up in court, or similar scenarios. Make sure to follow your legal obligations in a timely manner following guidelines in order to not face subsequent consequences. 

What does it mean when a judge revokes your bond?

When a bond is revoked this means that that the individual will need to pay the court whatever the bond amount the personal recognizance bond was set at. They may even need to remain in jail for the duration of the case or get taken into custody again.

How does bail work Kansas?

Kansas state law allows bail bond companies to keep the amount paid at the cost of doing business. With appearances in court and upon conclusion of the court case the bail bond is dissolved. The collateral is then returned to the person who paid it and the 10% fee is given to the bail bondman as profit.

What two purposes does bail serve?

The purpose that bail serves is to ensure that defendants will appear for all pretrial and trial hearings. Minus the processing fees required by some states, the bail amount is returned to the defendant or individual who paid bail.

Get In Contact With Your Local Bail Bondsmen

Get the help that’s necessary after you or someone you know has been arrested and requires bail. If you’re in need of a personal recognizance bond get into contact with your local and well-reputed bail bonds company. Getting personal recognizance is ideal for many who have been arrested so it’s best to follow through with the conditions set upon you with your particular case. If you have any questions or concerns contact your legal representative for more information.

If you require a bail bond for personal recognizance in Wichita, KS call 316-755-5142 with Air Capital Bail Bonds!

What are the 7 types of bail?

Judge's gavel and book

Available Bail Options

There are different types of bail bonds, and we will delve into how many types of bail in this article. First, let’s review what a bail bond is and when it is needed. When you’re are arrested for an alleged offense, you’ll be held in custody until a judge determines if you can be released on bond. 

Typically, you receive a bond by paying a bondsman or posting bail with the court. The judge will use the following factors to determine bail amount required: 

  • The alleged offense severity
  • The likelihood of additional crimes will be committed after release
  • The likelihood the defendant will no-show at the trial

The judge will have guidelines regarding the bail amount, and by law, it cannot be an excessive amount. The judge will also determine types of bail conditions the accused must follow or meet to stay out of jail. 

How does a jail bond work? 

After the judge sets the bail amount, if the defendant isn’t able to pay the amount, or they don’t know anyone that has the money, they can get help from a Bail bondsman. A bail bondsman has the ability and authority for all types of bail bonds. 

 The defendant will be required to pay 10% of the amount of bail to the bondsman. The remaining 90% of the bail will be required by the bail bondsman with collateral. That can be provided in many forms, which may vary by which of the types of bail bonds is issued. 

After the bail bondman has paid the bail and the defendant is released, it will require them to appear in court. Should they fail to appear, the bond is forfeited, the bail bondsman has to pay the 90% of the bail and will do so by using the collateral put up by the defendant.  The collateral can be in the form of jewelry, real estate, stock, antiques such as art, coins, etc. It is then up to the bail bondsman to find the defendant, bring him/her to court and collect on their bail. 

What does bail type bond mean? 

The bail bond is a form of surety bond and is an agreement by the defendant to appear in court or pay the bond amount set by the judge. All types of bail bonds are cosigned by the bail bondsman, and the defendant is required to pay a fee to the bondsman for guaranteeing the bail payment.

person arrested

What is the most common type of bail?

Bail is not always associate with a specific amount of cash as many people thing. You can get out of jail if you have cash at the time of your arrest. Typically, bail is more complicated, especially for large amounts of bail.

In any jurisdiction, there are a variety of other types of bail. Not all types of bail available in every state for all situations, and some are employed more than others, defendants can expect to encounter one of more of the following types of bail. The types of bail in law are:

  1. Cash: In most situations, police will not release the arrested after receiving a citation. The arrested will be released after booking and posting a cash bond. A judge will determine the amount of the cash bond, following a bail schedule set by local or state law.
  2. Recognizance: Sometimes, a defendant will be released by the court based on their own recognizance after their bail hearing.  
  3. Unsecured: An unsecured bond applies after the court holds a bond hearing where the bail amount is imposed, but the defendant isn’t required to pay the amount stated. This is like a recognizance bond, and the defendant is required to sign an agreement that if they fail to appear in court, they will pay the bail.
  4. Secured: A secured bond is a type of bail where a defendant gives the court a property that is equal to the required bond.
  5. Bail Bond: A bail bond is a payment form that is provided on the defendant’s behalf from a bail bondsman.   

Can you bail someone out with no money?

No, unfortunately, money is required to bail a person out of jail. The bail bondsman will require the customary 10 percent. In some cases, there are bails that the bond required is 1% to 7%, depending on the type of arrest and the person arrested.

Can I bond myself out of jail?

If you have the funds on you or the means to obtain them while you’re being held in jail, yes, you can bond yourself out. You’ll be required to pay the court clerk the full amount of bail as set forth by the judge at your bail hearing. Being arrested is not a minor thing in life and can a lasting effect of your life. By hiring an attorney as soon as you’re arrested, they can often work around the bail bond, using their own signature to have you release. When you need bail, Air Capital Bail Bonds is here for you. Call 316-755-5142 today!

Is punching someone a battery or assault?

Woman punching forward

Assault vs Battery

In the State of Kansas, assault is defined as any intended act or threat that gives a person reasonable cause to feel fear of impending physical harm. This could be the threat from one person to another, when said in an angry or menacing manner, if the implied victim believes or has reasonable belief that they could be possible injured or struck.

Assault is a simple sounding word but is anything but simple. It can do so much damage to people physically and legally. When somebody is arrested for assault, it is usually stated as “assault and battery. What is the connection of assault for battery?

Battery can be defined as one person’s intentional harmful or offensive touching of another person without the consent of the one being touched. Whereas assault is the threat of harm, battery is the act of harm. So, while they are two different things, they typically happen at the same time and are usually charged together. Comparing assault vs battery:

  • Assault is any intentional act by one person that causes another person to fear immediate harm by the accused perpetrator having the ability or means to carry out a threat. Physical contact is not required to be considered assault.
  • Battery is the intentional and offensive contact physically of one person that did give consent for another person to touch them. The simple act of touching one person without their permission, even without force, can be considered battery.

What qualifies as an assault charge?

There are various degrees and types of assault, each having a different possible punishment as determined by a judge and following established lines of possible punishments. Some jurisdictions classify assault and battery cases used for different degrees, with the most severe being first-degree or aggravated assault and battery charges. This consist of extreme bodily harm, frequently a weapon is involved. Other ways to designate someassault examples are:

  • Simple Assault: Injuries sustained by victim were relatively minor and no weapon was used. This is usually processed as a misdemeanor.
  • Aggravated Assault: A weapon was used to threated harm or an assault was committed with intentions to commit a further serious crime like rape. This charge is processed as a felony. Sentencing can be severe if the victim was a child or elderly person.
  • Sexual Assault: This is a catchall term considers it to be any sexual act if the sexual act was without consent on the targeted person. Actions included in this charge include sexual intercourse, sexual touching, or any type penetration with an object. Also included in this charges are if one person was forced to touch or perform a sexual act. This is processed as a felony.
  • Assault with a Deadly Weapon:  This includes any physical assault or act of violence committed with the attempt to use or by using a weapon or an object that can cause serious injury or kill another person. A weapon can be a gun, knife, or any object could cause serious harm or injury. Among things considered as a weapon could be a vehicle, baseball bat, boot, broken window, golf club, rock, screwdriver, stilettos, wrench, boot, or car. Regardless the weapon used, this is processed as a felony.

What happens after an assault charge?

In the State of Kansas, the convicted person for an assault charge is sentenced to pay restitution to the victim for any expenses incurred from the crime. This includes counseling and/or medical treatment.

Can you go to jail for a misdemeanor assault?

Yes, assault jail sentence can be handed down by the judge, who can impose jail time or probation. The defendant could be sentenced to community service, Conservation Camp, house arrest, work release program, and alcohol and drug counseling.

The court can choose to suspend a misdemeanor sentence, which will keep the defendant out of jail but could be required to have supervision for a period of time and required to comply with conditions the court has established.

handcuffs after an attack

How long is jail time for assault?

In the State of Kansas, an aggravated assault and battery charge can be sentenced as follows: 

  • Severity Level 8: Minimum 7 months to maximum 23 months imprisonment, and/or fined up to $100,000
  • Severity Level 7: Minimum 11 months to maximum 34 months imprisonment, and/or fined up to $100,000
  • Severity Level 6: Minimum 17 months to maximum 46 months imprisonment, and/or fined up to $100,000
  • Severity Level 5: Minimum 31 months to maximum 136 months imprisonment, and/or fined up to $300,000
  • Severity Level 4: Minimum 38 months to maximum 172 months imprisonment, and/or fined up to $300,000
  • Severity Level 3: Minimum 55 months to maximum 247 months imprisonment, and/or fined up to $300,000

Use of ballistic resistant material, like a bullet proof vest, while committing an aggravated assault or battery will haves an additional 30 months of imprisonment added to the sentencings listed above.

How do you get assault charges dropped?

A prosecuting lawyer can make the decision to drop assault charges or entirely stop the case. This can only be done, with or without the victim’s contribution, after the prosecutor has considered other evidence found in the case and the intensity of the case.

Assault charges should not be taken lightly regardless how the charges are classified.  Any person arrested on assault charges should seek legal counsel immediately. An experienced defense attorney can guide the accused through the process with the goal of having the charges dropped or getting a lesser sentencing. Call 316-755-5142 today for your bail needs.

Can You Bail Someone Out for a DUI?

Bail bonds dui

Can You Bail Someone Out for a DUI?

Getting arrested for a DUI is a troublesome and worrying process. Sobriety is key to being a responsible citizen in the United States, which is why DUIs are taken so seriously. If the DUI is a first offense, it is important for the defendant to bail out as quickly as possible. The bail amount for a first offense DUI will typically be about one thousand dollars. Because bail bonds are usually one-tenth of the total amount of bail, an individual can get a bail bond for approximately one hundred dollars. The total bail amount can also be posted, if the person has the cash to do so. All the money will be returned as soon as the case is complete.

How Long Can They Hold You in Jail for a DUI?

In all the states in the United States a first offense DUI or DWI is classified as a misdemeanor. That means that the DUI is punishable by up to six months in jail. Jail time can be increased in certain circumstances. Cases are typically arbitrated and judged based upon the seriousness of the crime, and the defendant’s prior criminal history. If the person’s criminal history is light or nonexistent, the defendant’s punishment will be less severe.

Do You Spend the Night in Jail for a DUI?

After an individual has been arrested for a DUI, it is highly likely that they will stay the night in jail. That is because that is the most common scenario. The defendant will most likely be released in the morning. The defendant will need to be bailed out as soon as possible in order to make amends for their DUI arrest. If they are not bailed out the next morning, and they are arrested on a Friday, they may have to stay the entire weekend in jail.

How Often are DUI Cases Dismissed?

DUI cases are not often dismissed, but when they are, it is for the following reasons:

  • If there was no probable cause for the defendant to be pulled over and detained, the case may be dismissed.
  • If the evidence of the DUI, which includes blood and breath tests, and any field sobriety tests are compromised.
  • If the tested BAC (Blood Alcohol Content) was not affected only by alcohol. For example, if there is an error in the DUI chemical testing equipment or errors in obtaining the blood or breath sample, the case can be dismissed.

Can a First Offense DUI Be Dismissed?

Generally speaking, the only way that a DUI charge can be dropped is for the state prosecutor to reduce the DUI charges against the defendant. That means that the defendant must be charged with a new, less serious offense. This procedure has to be completed before the prosecutor presents the case against the person during a court hearing in front of an adjudicator.

DUI Bail Bonds

DUI bail bonds can greatly assist in a defendant’s time of need. It is important to note that DUI and DWI laws are very serious for a reason. It is important to treat alcohol like the important and serious substance it is. Such responsibility is not to be taken lightly. This frank idea is echoed in the seriousness of subsequent alcohol convictions. The more an individual is taken to jail for alcohol and substance abuse, the more serious the punishments. These punishments range from fines to jail time to amount of community service, and more.

Can You Fight a DUI?

A person always has the capability of beating a DUI charge. This is regardless of the test results and regardless of the legal limit. To this end, legal motions, objections, and arguments are usually the best way to beat a DUI. 

Is it Worth Getting a Lawyer for First DUI?

In answer to whether or not it is worth getting a lawyer for a first DUI, the answer is quite simple and straightforward: absolutely. It is always worth getting a lawyer for all of your dealings with the law. That is because you want the most competent resources on your side so that you can move forward with your life in the best way possible.

DUI bail bonds

What are the Odds of Beating a DUI?

The odds of technically beating a DUI are slim, but they can be managed under the right circumstances. The best way to find out how is by contacting a good lawyer in your area. In the meantime, having a good relationship with your bail bondsman will also assist. If there are any discrepancies in your case, such as flaws with the testing equipment or the reason you were pulled over, now is the time to expand upon them with an attorney. The truth will set you free.

Our company can help you with your DUI bail bond. Our staff at Air Capital Bail Bonds are ready to take your phone call at 316-755-5142. Discover more about how we help with DUI bail bonds in Wichita, KS.