City of Wichita - Rules of the Municipal Court Rule 06: Appearance Bonds
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Wichita Municipal Court
City Hall, 2nd floor
455 North Main
Wichita, Kansas 67202

Hours:
7:00 AM-5:00 PM,
Monday-Friday

Phone: (316) 268-4611
Telephones are answered
8:00 AM-5:00 PM, Monday-Friday.

Fax: (316) 268-4249

E-mail: Wichita Municipal Court


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Rule 6: Appearance Bonds

6.1 Any person arrested while operating or attempting to operate a motor vehicle while under the influence of alcohol must be held by the Sedgwick County Detention Facility at least four (4) hours from the time of such offense before being eligible for bond to allow such individual sufficient time to become sober enough not to be a danger to himself or others and to be capable of understanding the obligations he or she has to the court upon release from custody upon such charge.
6.2 Any person charged with any violation under the Domestic Violence ordinances of the City of Wichita must be held by the jail at least four (4) hours from the time of such offense before being eligible for bond to allow such individual sufficient time to "cool off" so that he or she will not longer be a danger to himself or to herself or to others and to be capable of understanding the obligations he or she has to the court upon release from custody upon such charge including the conditions of any "no contact order".
6.3 Any person charged with any violation under the Domestic Violence ordinances released to any appearance bond by the Sedgwick County Detention Facility or by the Warrant Office must have included in the conditions of any appearance bond for his or her release a specific provision advising the accused to have no contact with the persons, premises or workplace of the alleged victim in such case.
6.4 Except as otherwise provided in these Rules, and in addition to the provisions in Charter Ordinance No. 122, Section 4, and K.S.A. 12-4301 and 12-4302, the following procedures shall apply to the release of persons charged with a violation of a municipal ordinance upon their own recognizance:
  1. A resident of Sedgwick County shall be allowed to be released upon their own recognizance, except:

    1. When serving a sentence;

    2. When there is a Municipal Court Commitment pursuant to conviction;

    3. When there is an outstanding Bench Warrant;

    4. When the accused has failed to meet the specific obligation of a bail or bond set by a municipal court judge as:

      1. "Cash Only", meaning that the entire amount of the bail set must be posted by cash, money order or certified check with the clerk of the municipal court or his duly authorized designee. See K.S.A. 12-4301 (a).

      2. (b) "No O.R.", meaning that the face amount of the bail must be satisfied by the posting of a professional surety bond, real property pledge bond as approved by a municipal court judge, or by cash, money order or certified check with the clerk of the municipal court or his duly authorized designee. See K.S.A. 12- 4301 (b) (c).

    5. The accused has been returned to the custody of the Sedgwick County Detention Facility on a "bond recall" by a professional or other surety financially responsible on a previously set bond in order to be relieved of such obligation by the court.

  2. A non-resident of Sedgwick County shall be required to post a professional surety bond, or other bond secured by cash, money order, or certified check pursuant to the conditions of the bond set before being allowed release, unless otherwise specifically permitted an own recognizance or signature bond in that case by a municipal court judge.

6.5 Instructions to the Sedgwick County Detention Facility pertaining to the release of a prisoner serving a sentence, or otherwise in custody pursuant to any Municipal Court Commitment, Bench Warrant or bail set will be designated upon with a Prisoner Commitment/Release Form (commonly referred to as a "Farm Card") signed by a municipal court judge and issued through the Court Clerk's Office, or by the Judge directly, to the Staff Duty Commander or the Booking Lieutenant at such facility.
6.6 An attorney practicing in the City of Wichita may be authorized by a municipal court judge to obtain the release of a client to his or her custody upon the client's recognizance regardless of the residence of the client. The attorney will assume responsibility for the appearance of such client on the date scheduled for hearing pursuant to these Rules. Such counsel will be deemed such client's attorney of record therein and will not be permitted to withdraw as attorney of record except as permitted pursuant to Rule 8, infra.
6.7 In the event it is necessary for a defendant to post an appearance bond, the provisions of K.S.A. 12-4301 shall be followed. In setting, modifying, or revoking bonds the Court shall consider the factors and guidelines found in K.S.A. Chapter 22, Article 28.
6.8 A cash bond can be returned to, and collected by, the person posting the bond upon disposition of the case upon proof of proper identification and the cash bond receipt. The Court may order that prior to the return of any such cash bond monies that the amount of any outstanding fines, costs and restitution owed by the Defendant, or which may be owed by the individual posting such bond on behalf of the Defendant, be deducted from the cash bond by the clerk of the municipal court prior to returning the balance of such cash bond to such Defendant or other individual posting such bond. If the case is appealed, the cash bond cannot be collected by, or returned to, the person posting such bond until final disposition of the case in District Court except by the specific approval of a municipal court judge upon proof of proper identification and the cash bond receipt by the individual requesting such return. The cash bond will be forfeited if the defendant fails to appear in Court as directed, and a warrant for such defendant's arrest will be issued.
6.9 Whenever any bond is permitted or required to be taken by a clerk or sheriff in accordance with the provisions of law without being approved by the court, it shall be sufficient if the surety thereon is a surety company currently admitted to do business in the State of Kansas. No corporation other than a surety company may be accepted as a surety unless so ordered and approved by the judge. Whenever a natural person is accepted and approved as a surety by a clerk or sheriff, the surety shall be required to attach to the bond a sworn financial statement which reasonably identifies the assets relied upon to qualify him as surety and the total amount of any liabilities, contingent or otherwise, which may affect his qualifications as a surety. No attorney or the attorney's spouse may act as a surety on a bond in any case in which the attorney is counsel. The principal on any bond may at his option, in lieu of providing a surety, deposit with the clerk of the municipal court cash money in the full amount of the bond. The deposit shall be retained by the clerk until the bond is fully discharged and released or the court orders the disposition of the deposit.

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Related to
Rules of the Municipal Court
Main
Rule 01: Prefatory Rule
Rule 02: Definitions
Rule 03: Court Hours
Rule 04: Presiding or Administrative Judge
Rule 05: Judges Pro Tempore
Rule 06: Appearance Bonds
Rule 07: Procedures Involving Notices to Appear
Rule 08: Counsel
Rule 09: Daily Docket - Sessions
Rule 10: General Rules of Court Decorum and Safety
Rule 11: Court Appearances - Failure to Appear
Rule 12: General Practice and Procedure
Rule 13: Diversions and Deferred Judgment Practice
Rule 14: Discovery
Rule 15: Motion Practice
Rule 17: Docket Call, Arraignment, and Trial Practice
Rule 18: Continuances
Rule 19: Dismissals
Rule 20: Costs, Fees and Conditions of Release After Sentence
Rule 21: Post-Trial Matters
Rule 22: Appeals
Rule 23: Expungement
Rule 24: Administrative Traffic Court
Rule 25: Impound Hearings and Civil Rights Administrative Hearings
Rule 26: Publication of Rules


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