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Getting Out Before Trial

K.S.A. 22-2802 — release on an appearance bond at the first appearance, no contact with the alleged victim for 72 hours, and cash refunded at the end

Anyone charged with a crime is ordered released at the first appearance before a magistrate on an appearance bond in an amount the magistrate sets, enough to make sure the person comes back and to protect the public.

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Who handles this in Kansas: Kansas Appleseed and Johnson County Bar Association, Find a Lawyer; and legal aid programs and the state offices, listed in the Kansas directory.

  • For a person felony or a person misdemeanor, the bond bars any contact with the alleged victim for at least 72 hours, unless the magistrate finds otherwise.
  • The magistrate may add supervision, limits on travel or where the person lives, a curfew, or house arrest.
  • Supervision by a court services officer may cost the person up to $15 a week.
  • K.S.A. 22-2802

Cash may be deposited in the full amount of the bond instead of sureties, and is refunded after the case ends, less restitution, costs, fines and fees, if the person made every appearance.

  • K.S.A. 22-2802

A person who cannot post the bond, or whose crime is not bailable, is held in jail pending further proceedings.

  • K.S.A. 22-2901
Sources for this section (2)
  1. K.S.A. 22-2802 — Release prior to trial; conditions of release; appearance bond, cash bond or personal recognizance; rules applicable to defendants charged with certain sex offenses who have a prior conviction of a sexually violent crime
  2. K.S.A. 22-2901 — Appearance before the magistrate

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kansas attorney.

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