How are bail amounts determined?
Getting a ticket can be jarring enough for most of us. Getting arrested on a misdemeanor is even more jarring. However, when you’ve been arrested and you go before the judge for your arraignment and then hear the words, “felony bail”, it can be numbing.
Many questions start flooding your mind, hopefully with what you shouldn’t or should’ve done differently. You may be asking yourself, “Can I bond myself out of jail?”, which the answer is yes, if you have the cash on you to pay the felony bail. There process isn’t difficult, but it is still time-consuming.
Once a judge has set your felony bail amount, you advise the courts you can pay the bail and the process begins to have you released. You will be returned to your cell during this time and given information as to the next step. A judge also has the ability to deny bail and will come to that decision after reviewing a few different factors. Denying felony bail is more common than a non-felony bail ruling, mainly because of the reason of arrest.
A judge must follow the 8th Amendment of the U.S. Constitution and set a felony bail amount that is not excessive and in line with the alleged crime. Things that a judge will consider when setting the felony bail amount are:
- Severity of the offense.
- Likelihood defendant will flee before court date.
- Likelihood of another offense being committed.
- Criminal record of the defendant.
- Age, employment, community standing of the defendant.
Can you get bail on a felony charge?
The guidelines for felony bail are narrow in comparison to a misdemeanor arrest. With that in mind, the factors will vary between each person and their situation. You may be arrested with another person facing the same felony charges, but your felony bail amounts can differ.
For felony bail, as with a misdemeanor bail, the judge will review the factors as we listed above. There is a predetermined base line for felony bail for most felony charges, and a judge will work from an automatic bail schedule. A low-grade felony charge in some counties, the predetermined bail amount starts at $1500. This is for crimes that can include, but not limited to:
- Felony theft
- Felony criminal damage to property
- Felony possession of stolen property
A criminal defense attorney will have access to the bail schedule and will work in the best interest of their client, including petitioning for felony bail dismissal or reduction.
How much is bail for a felony?
A felony bail amount is as much as 10 times more than misdemeanor bail. Factors that can make the amount even higher include a capital offense, a murder charge with obvious evidence or the defendant in known not to make previous court appearances. In these cases, a judge may deny a felony bail, but overall, the average costs can vary by crime and location. Some examples are:
Murder Felony Bail
These cases frequently do not have a bail set and the defendant remains incarcerated until their trial. A 2nd-degree murder charge, the felony bail is around $250,000. If the defendant is charged as an accessory to First degree murder, the felony bail is $500,000. A 1st degree murder charges, if the judge does set felony bail, it can be as much as $1,000,000.
Manslaughter Felony Bail
There is a fine line that differentiates manslaughter from murder, thus creating different levels of manslaughter. Manslaughter is the act of killing of a person without having initial intent to do so. A voluntary manslaughter charge example is the defendant committed another felony along with the act of assault and battery. Involuntary manslaughter is when a defendant unintentional committed the crime or was committing a minor crime that escalated. The felony bail for voluntary manslaughter is $100,00 and involuntary felony bail is around $25,000.
Assault Felony Bail
The different levels of assault and different severity of the crime will have an impact on the felony bail. If it is determined by the judge the assault was intentional with plans to include a serious violent crime, the felony bail could be $1,000,000. Assault with a firearm felony bail is $50,000, and assault with a deadly weapon is $25,000.
Other examples of felony bail would be as follows:
- Rape Felony Bail $25,000 to $100,000.
- Kidnapping Felony Bail $25,000 up to $1,000,000.
- Carjacking Felony Bail up to $100,000 or more.
- Arson Felony Bail as high as $200,000.
What is the average bail for a felony?
As previously mentioned, the felony bail for a felony crime can be anywhere between $1,500 and as much as $50,000. A more serious felony crime can be as much as $1,000,000.
Can you bail someone out with no money?
In Kansas, as in most states, the bail process starts once the defendant is booked and behind bars. They are allowed one phone call which most will make to a family member, friend, or a bail bond agent. That one phone call will start the actions of a background check and financial check, and paperwork required for posting bail. Two ways to get out of on a felony bail, if the judge agrees are as follows:
- Own recognizance – With this decision, granted by the judge, the defendant must reside close by in the same county, perhaps the same city. They are released without any financial backing on their own recognizance.
- Property bond – Again, this will need to be approved by the judge and requires the defendant or person representing the defendant to sign over the title of their home or other property that will suffice the amount of the felony bail. A lien is placed on the property and will be released back once the defendant has completed all court appearances and time served.
How much is bail for a felony drug charge?
The felony bail cost for an illegal drug possession charge factors in things like the type of drug, if there was intent to distribute, and any previous criminal drug history. A first offense may have a felony bail at $2,500 and a second offense $5,000.
How much is bail for a felony in Texas?
In the state of Texas, a state felony bail is as low as $500 and can be as high as $1,500. A third degree felony bail can range between $1,500 and go up to $5,000.
How much is bail for a felony theft?
The cost of felony bail for burglary can range between $20,000 and $50,000 and a felony bail for robbery can range between $25,000 and $100,000. The lower amounts are based on if any violence was involved during the act.
For a family member or friend, most Americans do not have felony bail amounts of money, so they turn to a bail bond agent. It must be understood that a bail bond agent may not agree to bail the defendant out after running their background and financial check on the defendant or the person requesting bail. This is a business decision they make to protect their agency. Call 316-755-5142 today for your bail bonds needs in Wichita, KS.