When a person is arrested in Missouri, the criminal court judge may set bail during the pretrial process. Understanding how this works is key for anyone dealing with an arrest—their own, or that of a family member.
An effective criminal defense attorney is the professional you need when you or a family member is arrested. This should be someone who can explain the arrest and prosecution process, including bail and bonds process.
What You Need to Know About Bail
When a person is arrested in Missouri on criminal charges, they are held in jail until their initial appearance in court—unless the prosecutor declines to press charges. This part of the process is called an arraignment, and the individual is the defendant.
When arrested and detained, a defense attorney should be called. If the defendant can’t afford an attorney, the court appoints a public defender to help them. They should have a consultation with their attorney before appearing in court, to make sure the charges are understood and to discuss the pros and cons of pleading.
At the defendant’s first court appearance, the prosecutor lays out the charges for the judge, and they are expected to enter a plea, guilty or not guilty.
How a Judge Sets Bail: Key Factors
At the initial appearance the judge makes a decision about bail based on the following:
- preliminary evidence
- charges
- defendant’s criminal record
- flight risk
- danger to the community
These are factors in deciding if bail is allowed and, if so, at what level. Defendants held on capital charges like murder or repeat offenders are unlikely to be granted bail. Conversely, those who have no criminal record and have special circumstances may be released on their own recognizance, without posting bail.
What is Bail? The Purpose Behind the Pledge
Bail is used as a pledge to return to face charges. Judges have a lot of freedom to set bail as they see fit—and have options for non-monetary release conditions if that’s called for. According to the Missouri state constitution, they are required to set bail at a reasonable amount. Many states have adopted bail reform policies that allow a defendant a good chance of going free until trial, so they don’t spend an unreasonable amount of time in jail awaiting trial (it can take months for a trial to be scheduled).
Missouri’s bail amounts for misdemeanor charges typically run $500-$2,000. For more serious felonies bail may be tens of thousands of dollars but the state does not have a fixed bail schedule.
Bail vs. Bond: What’s the Difference?
Bond is the term for the cash paid by the defendant or a friend or family member, to make bail and be released. Bond can be posted by:
- Paying the full amount at the court clerk’s office
- Getting a surety bond from a licensed bail bondsman, who may require collateral. Typically, 10 percent of the total is taken as a fee.
Cash bail paid directly to the court is refundable at the conclusion of the trial after fines and fees are paid, but the bondsman’s fee is not, even if the case is dismissed.
The Fine Print: Conditions of Your Release
Bail is not all that is needed to be released. The judge may also set conditions that, if violated, result in an immediate return to jail and potential forfeiture of the bond. These conditions usually include:
- Drug and alcohol treatment
- Staying away from victims or co-defendants
- Maintaining employment
- No re-arrest before trial
What Happens If You Fail to Appear?
If the defendant does not return to court as ordered, a bench warrant for their arrest is issued by the judge. The bondsman who posted bail may pursue them (using a bounty hunter) and bring them to police for re-arrest. This forfeits the bond and usually means they will stay in jail until their trial. The bail bondsman may also take possession of the collateral posted, such as a vehicle.
Knowing Your Options, Getting Answers
An experienced defense attorney from Mueller Law Firm can advise criminal defendants on their options throughout the arraignment and trial process. Get help you can count on by calling for a consultation today.