How Much is Bail in Missouri?
For a Missouri misdemeanor, bail usually ranges between $500-$2,000 depending on the charge. Bail for certain Missouri felony charges (for example, violent crimes) are usually set between $5,000-$100,000 by the courts.
When a defendant violates bail conditions (such as not showing up for work or traveling out of state without permission), the court may take several actions depending on the severity of the violation. If the breach is minor, such as missing a check-in, the judge may issue a warning or increase the bail amount to reflect the additional risk. In more serious cases, like skipping a court date or violating a no-contact order, the court can revoke bail entirely, issuing a warrant for the defendant’s arrest. Once bail is revoked, the defendant is likely to remain in custody until the trial. Courts consider factors such as the defendant’s criminal history, the nature of the violation, and whether the individual poses a threat to public safety before making a decision. The court may also impose additional restrictions, such as electronic monitoring or stricter curfews, to ensure compliance if bail is not revoked outright.
In addition to the penalties for violating bail conditions, defendants may face separate legal charges. For instance, failure to appear in court can result in charge of “Failure to Appear,” which carries its own legal consequences, including fines and potential jail time. Similarly, violating a no-contact order could lead to contempt of court charges or even additional criminal charges, such as harassment or stalking, depending on the circumstances. These new charges could increase the complexity of the legal case and result in harsher penalties, even if the defendant is eventually acquitted of the original crime. Furthermore, bail violations may tarnish the defendant’s standing with the court, making it harder to secure favorable terms, like reduced bail or leniency, later in the legal process.
Each of these bail conditions plays a critical role in balancing the defendant’s right to pretrial freedom with the safety of the community in mind and protecting the legal process.
Bail conditions often include no contact orders when a case involves any stalking or abuse. This implies direct or indirect communication (social media, texts, calls, etc.), and set distance requirements from going near a person’s workplace, residence, or frequented location. If a child is involved, the court may permit limited, supervised contact between the defendant and the child, typically under court-ordered supervision.
Bail Restrictions in Missouri
When bail is granted in Missouri, courts often impose conditions based on the defendant’s criminal history and the nature of the crime. These conditions are designed to ensure compliance with the law and guarantee the defendant’s return for court appearances.
Combs Waterkotte offers legal counsel and advice for defendants, and others in these situations. Contact our team today to learn more about our capabilities when it comes to bail and getting someone out of jail or need a defense attorney. Call our expert team now at (314) 900-HELP if you have any specific questions about the bail process in Missouri.
Below are some common bail restrictions and their implications:
- Travel restrictions can be set for defendants. This means you won’t be able to leave certain geographic areas (a county or state) to make sure you’re nearby and will make your court dates and attend required hearings.
- In cases where there is a flight risk, the court may require the defendant to surrender their passport. This prevents international travel and minimizes the chances of evading trial.
- Courts may grant exceptions to travel restrictions, such as allowing defendants with family or employment in another state to travel under certain circumstances. However, these exceptions are rare and require court approval.
Violating Bail in Missouri
As a potential criminal, violating bail in Missouri can lead to severe consequences. Bond forfeiture when a defendant breaks particular rules. These rules are mainly directed at missing court dates. The initial bail may be increased with any accrued costs (the time it took the court or prosecution to investigate your case). Bail violation is a generally bad outcome for anyone charged with a crime–especially if they’re already deemed a flight risk.
Regular check-ins are often required as part of bail conditions. These check-ins may involve meeting with a probation officer, law enforcement, or other pretrial officers. In high-risk cases, electronic monitoring, such as wearing an ankle bracelet, may be required, as well as drug testing or mandatory participation in treatment programs. These conditions help ensure the defendant remains compliant and poses no risk to public safety.
What Happens If You Violate Bail Conditions?
- Increased Bail Amount: If bail is violated, the court may increase the original bail amount, often adding the costs incurred by the court in pursuing the defendant.
- Revocation of Bail: A warrant for arrest may be issued, and the defendant may be taken into custody. Once bail is revoked, the defendant could remain in jail until the trial date.
- Additional Charges: On top of the original charges, violating bail conditions can lead to further legal consequences, such as charges for contempt of court or failure to comply with bail terms.
Can You Reduce Bail in Missouri?
A defendant or their legal representatives can request a bail reduction hearing if the amount required for bail is seemingly unreasonable. This is based on a defendant’s financial circumstances, the charge, criminal history, the type of crime, and other factors that the courts will assess. Naturally, violent offenses result in higher bail but can be agreed down to a more reasonable amount. There are also cases where a defendant can claim hardship in order to reduce the bail amount.
Can a Judge Deny Bail in Missouri?
A defendant can be denied the opportunity for bail under certain circumstances. During arraignment, investigation, and the defendant’s criminal record, you can be denied bail if you’re thought to pose a danger to the community and, by extension, witnesses.
Generally, a defendant will stay in custody until their trial and other court proceedings. A criminal defense attorney can motion to challenge the bail denial but it comes down to the judge’s decision.
Can I Be Released Without Paying Bail?
An ROR (release on recognizance) bond is often offered to first-time or low-risk offenders. Factors like having a full-time job, a family, or a presence in the community support these decisions. It is very important to meet court dates and follow all of the proceedings with care. Repeat offenders will likely not have this as an option. Failure to appear in court can have massive consequences moving forward.
Types of Bail in Missouri
There are a few ways you can pay for bail in Missouri. This includes:
- 10% Deposit: One of the most common methods of posting bail is by paying a 10% deposit directly to the court. This allows the accused to be released under specific conditions until the trial. Once all conditions are met, the deposit is refunded, minus any administrative or court fees.
- Property Bond: Defendants can use physical property as collateral for bail. This can include a home, car, jewelry, or even a boat. Property bonds are typically allowed for low-risk offenders. The value of the property must meet or exceed the full bail amount.
- Surety Bond: A surety bond involves a bail bondsman. The defendant or their family pays the bondsman 10% of the total bail, and the bondsman covers the rest. The 10% fee is non-refundable. If the defendant misses a court date, the bondsman is responsible for paying the remaining 90% of the bail amount.
- Cash Bond: This method involves paying the full bail amount in cash. If the defendant follows all court requirements, the amount is usually refunded, minus any fees or deductions related to the case.
Each of these bail types offers flexibility depending on the defendant’s circumstances and risk level. Understanding the differences between them is crucial for securing release while ensuring compliance with court requirements. Whether you’re paying a deposit, using property as collateral, or working with a bondsman, the right choice depends on the specifics of your case and financial situation. Consulting with an experienced legal team can help navigate these options and determine the best course of action. Call us at (314) 900-HELP for more information or contact us online.
