Understanding the Bail Process: What You Need to Know
When someone gets arrested, one of the first concerns for both the individual and their loved ones is how soon they can be released from jail. The legal process can be stressful and confusing, especially if you've never dealt with it before. Understanding the bail process is a key part of knowing what to expect and what steps to take after an arrest.
As the criminal defense attorney at Jeff Jarrett Law Office in Kansas City, Missouri, I can guide you through the key aspects of the Missouri bail process, from the initial court appearance to final release. I can also cover important terms, what courts look at when setting bail, and what options you may have if bail is denied or set too high.
What Bail Means in Missouri
Bail is a financial agreement that allows a person accused of a crime to be released from jail while they wait for their trial. Instead of remaining in custody, the individual or someone on their behalf pays a certain amount of money to the court as a guarantee that they'll return for their hearings.
Missouri law allows for several types of bail, and the judge has discretion to determine which one best suits the situation. Bail isn’t meant to be a punishment; it’s simply a way to make sure someone returns to court without being locked up in the meantime.
The Arrest and Booking Process
Before bail even becomes part of the conversation, a person must first be arrested and booked into jail. This is the beginning of the legal process, and what happens during this stage can impact how bail is handled later. Here’s what typically happens during booking:
Personal information is recorded: The name, address, date of birth, and other identifiers of the person who was arrested will be recorded.
Fingerprinting and photos are taken: Photos, known as "mugshots," and fingerprints are taken and become part of the official record.
Charges are listed: The arresting officer will formally record what offenses the person is accused of committing.
Initial health screenings may be conducted: These routine screenings are conducted to determine the health of the person in custody, especially if the person appears injured, intoxicated, or ill.
Belongings are collected: Anything in the person’s possession is stored by jail staff until their release.
After this process, the individual will usually be held in custody until they see a judge, either at a scheduled arraignment or a bail hearing.
Initial Appearance and Bail Hearing
In Missouri, the first court appearance typically happens within 24 to 48 hours of arrest, according to the National Conference of State Legislatures. At this appearance, the court will inform the person of their rights and the charges against them. Bail is also addressed during this hearing. Some factors the courts consider when setting bail include:
The severity of the offense: Violent crimes usually come with higher bail amounts than non-violent ones.
Criminal history: A person with prior offenses may be seen as a higher risk.
Flight risk: If there’s reason to believe the person won’t show up for court, bail may be raised or denied.
Employment and community ties: Someone with a steady job and strong local connections may be granted lower bail.
Public safety concerns: If the court believes the person could be a danger, they may refuse bail altogether.
Some people may be released on their own recognizance, meaning they promise in writing to return for court without having to pay anything upfront. This usually applies to minor offenses and individuals who aren’t considered a risk.
Types of Bail in Missouri
There’s no one-size-fits-all approach to bail. Missouri courts can use several types of bail depending on the case and the person involved. The types of bail that are recognized in Missouri include the following.
Cash bail: This requires the full bail amount to be paid in cash. If the person shows up for court, the money is returned, minus any administrative fees.
Surety bond: A bail bondsman pays the bail for a fee (usually around 10% of the full amount). This fee is non-refundable.
Property bond: Real estate can be used as collateral if the court accepts it. The value must cover the full bail amount.
Personal recognizance: No payment is required. The person signs a promise to return for all scheduled court dates.
10% deposit bond: The person pays 10% of the bail directly to the court. This may be refundable if they follow all court orders.
Each type of bail has pros and cons. For instance, while a surety bond allows for quicker release, it involves paying a fee you won't get back. On the other hand, although cash bail is refunded, but may be harder to afford upfront.
What Can You Do If Bail Is Too High?
Not everyone can afford to pay thousands of dollars right away. If bail is set too high, there are still options you can explore. Here are some steps to take if bail is unaffordable:
Request a bail reduction hearing: Your criminal defense attorney can ask the court to lower the amount based on your financial situation.
Submit proof of financial hardship: Pay stubs, bills, or other relevant financial documents may help the judge understand your financial situation.
Argue for a different bail type: Depending on the circumstances, you may be able to switch from cash bail to a 10% deposit bond.
Highlight personal connections and responsibilities: Showing you have a job, a family, or other commitments can help persuade the judge.
Missouri courts aren’t required to lower bail, but a strong legal argument can go a long way. Therefore, having an experienced criminal defense attorney represent you at this stage is highly recommended.
Working With a Bail Bondsman
If cash or a court-ordered release isn’t an option, many people will turn to a bail bondsman. These are licensed professionals who pay the full bail amount on your behalf in exchange for a non-refundable fee. Here’s what to expect from a bail bondsman:
You'll pay a percentage upfront: This is typically 10% of the total bail amount.
They may ask for collateral: This could be property, vehicles, or valuables.
They can impose their own conditions: Some bail bondsmen require regular check-ins or location tracking.
You’re responsible if the person doesn’t appear: If they skip court, you may lose any collateral and be on the hook for the full amount.
Choosing a reputable bondsman matters. Look for one licensed in Missouri and read reviews or get referrals from your criminal defense attorney.
Understanding Conditions of Release
Getting out of jail on bail isn’t the end of the process. Judges often attach conditions to release, and breaking these conditions can result in arrest or the revocation of bail. Some common bail conditions in Missouri include:
No contact with victims or co-defendants
Drug and alcohol testing or treatment
House arrest or curfews
Travel restrictions
Check-ins with law enforcement or probation-style officers
Attending all scheduled court hearings
These conditions vary based on the charges, the judge, and the defendant’s history. It's essential to follow all terms exactly since violating them can result in the charged party being returned to custody and making future release much more challenging.
What Happens If Bail Is Denied?
In some cases, the judge may deny bail altogether. This typically happens when the person is considered a flight risk or a danger to the public. If bail is denied, there are certain steps you should take.
File a motion for reconsideration: Your criminal defense attorney can ask the court to review the decision based on new information.
Appeal to a higher court: In Missouri, you have the right to appeal a bail denial to a higher-level judge.
Provide additional evidence: New facts, such as a job offer, medical condition, or family need, can sometimes lead to a change.
Request an alternative type of release: In some cases, you may be able to request a conditional release with stricter supervision.
Even if the first attempt fails, it may be possible to try again after a short waiting period or if your circumstances change.
Achieving Bail After a Conviction
Many people think bail only applies to custody before a trial. However, bail can also come up after a conviction, especially if the person plans to appeal. Here are some bail options you can consider after you've received a guilty verdict:
Request bail pending appeal: Missouri law allows certain individuals to remain free while their appeal is being reviewed.
Show you’re not a flight risk: Courts will often require strong proof that you will stay in the local area and follow the law.
Offer a detailed appeal plan: Judges may request evidence that the appeal isn’t merely a delay tactic.
It's important to note that not everyone qualifies for post-conviction bail, and it’s typically more challenging to obtain than pre-trial release. However, it’s worth asking your criminal defense attorney whether you have a strong legal argument for an appeal.
Contact a Criminal Defense Attorney Today
The bail process in Missouri can be overwhelming, especially during the stressful hours following an arrest. However, working with a skilled criminal defense attorney like me at Jeff Jarrett Law Office gives you the best chance at a fair and timely release.
Located in Kansas City, Missouri, I serve clients in the Kansas City Metropolitan area, including Lee’s Summit and Liberty, Missouri, as well as Overland Park and Lawrence, Kansas. Contact me today to schedule a free consultation.