One of the important steps to understand in the criminal justice process is bail. It’s not available to everyone facing criminal charges, but it’s a common feature in courts across the country. It’s critical to understand how bail works if you’re charged with a criminal offense.
An experienced criminal defense attorney can help to explain bail and how it affects your case. How you respond to the charges filed against you can impact whether you’re eligible for bail and the terms that the judge sets.
7 Key Things to Know About Bail in Missouri
Bail is the process that allows an accused person to go free until their trial or court hearing. When a person is released on bail it’s important that they understand and abide by the conditions set by the court or face severe consequences.
Keeping Missouri Supreme Court Rules or Chapter 544 of the Missouri Revised Statutes in mind, judges set bail using their own discretion. Their guidelines include allowing a defendant bail only when they are not a danger the public, and setting the amount as a financial enticement to return for trial. The primary considerations for bail are:
- Ensuring that the defendant returns for all court appearances
- Protecting public safety and the integrity of the judicial process
- Who is offered bail? Any criminal defendant who is not an immediate threat to others can be released on bail. Judges may set high bail for those who are a flight risk or whose crime was particularly notorious.
- Who is not offered bail? Those facing capital crimes, such as murder in the first degree, or whose guilt of a significant crime is evident, are rarely offered bail. For others charged with lesser offenses, the judge considers the prosecutor’s recommendation and will listen to the defense attorney’s statement about the defendant. Sometimes when criminal defendants pose a danger to themselves or another person they are held for psychological evaluation rather than offered bail.
- How is bail set? Judges take a number of things into consideration when deciding how much bail should be set at. These factors include:
- The defendant’s criminal history
- The severity of the charges
- Whether the defendant poses a risk to the community or the victim
- If the defendant is likely to run away rather than face charges
- If the defendant has ties to the community (family, a job, etc.)
- How much is bail for a misdemeanor? In Missouri, bail is usually set between $500 and $2,000 for a misdemeanor.
- How much is bail for a felony? Depending upon the seriousness of the charges, felony-level bail can be $10,000-$100,000 or more.
- What are the different types of bail?
- Cash bail is when a family member or friend pays the full amount at the courthouse. Most of the money posted in cash may be refunded if the defendant appears at all required hearings until the case concludes.
- Surety bonds are secured by a family member or friend who pays a bondsman 10 percent of the total bail amount, often promising a vehicle or other piece of property as collateral. The money is not refundable, and if the defendant does not appear in court as promised, the bondsman may take the promised collateral.
- Personal recognizance is a non-monetary release for defendants who are not a flight risk and who pledge to return for all necessary court appearances.
- What are conditions of release? In addition to bail, a judge can order the defendant to do specific things when they are released. Disobeying the conditions can result in bail revocation and being held in jail until trial. Conditions often include:
- No contact with the victims
- Restricted travel
- Drug testing
- Electronic monitoring (ankle bracelet)
Why Legal Representation Matters
Knowing how to respond to criminal charges and when to negotiate with the court for bail is the job for an experienced criminal defense attorney from Mueller Law Group. Strategic advice from an expert can have a meaningful impact on charges, sentencing, and the rest of your life.