AGO 1989-037.

Case DateMarch 28, 1989
CourtKansas
Kansas Attorney General Opinions 1989. AGO 1989-037. March 28, 1989ATTORNEY GENERAL OPINION NO. 89-37The Honorable Michael R. O'Neal State Representative, 104th District State Capitol, Room 426-S Topeka, Kansas 66612 Re: Criminal Procedure -- Conditions of Release -- Release Prior to Trial; Appearance Bonds Synopsis: A surety is discharged from further obligation on a trial appearance bond when the criminal defendant's verdict is announced, unless by the terms of the agreement the parties to the bond intend that it apply to post-conviction release. A unilateral modification by the court may not extend the terms of the bond without the consent of the surety. Cited herein: K.S.A. 22-2202, 22-2801, 22-2802, 22-2804, 22-2807, 22-2808. * * * Dear Representative O'Neal: As State Representative for the One Hundred Fourth District, you have requested our opinion regarding the release of defendants on surety appearance bonds. Specifically, you ask whether bonds executed to secure the release of a defendant prior to trial may be extended to cover periods after conviction by the court without notification to the surety. A suretyship is a contractual obligation whereby one person promises to answer for the default or miscarriage of another. See Federal Land Bank v. Heath, 160 Kan. 645, 649 (1945). An appearance bond is an agreement "entered into by a person in custody by which the person is bound to comply with the conditions specified in the agreement." K.S.A. 22-2202 (2). It is a three part contract between the principle and the surety on the one hand, and the state on the other. State v. Indemnity Ins. Co. of N. Amer., 9 Kan.App.2d 53, Syl. ¶ 1 (1983). The purpose of an appearance bond is to assure the criminal defendant's presence at the time and place of trial. State v. Foy, 224 Kan. 558, 552 (1978); State v. Midland Ins. Co., 208 Kan. 886 (1972), Syl. ¶ 1. Individuals who are charged with a crime are given the opportunity to avoid needless detention pending their appearance to answer charges or pending appeal unless detention serves the ends of justice or the public interest. K.S.A. 22-2801. A person's release prior to trial is governed by the provisions of K.S.A. 22-2802. That section requires the release of an individual upon the execution of an appearance bond which sets forth the conditions of release and is deposited in...

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