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Home > How to Post Bail in Missouri: 5 Things to Know

How to Post Bail in Missouri: 5 Things to Know

Like many states, Missouri regulates the bail bond industry through its Department of Insurance. If you want to be a bail bond agent in Missouri, state law requires a minimum of 24 hours of basic training. The state issues two-year licenses and 8 hours of continuing education is required in order to renew a two-year license. The state also has a number of laws that regulate the actions of bail bond agents, specifically making it illegal to give a rebate or fee to any lawyer, court employee or other official in order to receive preferential treatment.  If you are arrested in Missouri, here are 5 things you need to know to post bail.

  1. 5 Ways to Get Out of Jail


Recognizance bond – The defendant is asked only to sign an agreement to return for all court hearings. No payment is required. This type of bond is generally only given when misdemeanors are involved, there is little concern that the defendant will not show up and no prior convictions.

Cash bond – When a bail is set for a misdemeanor and is $2,500 or less, it is not uncommon for a defendant to choose a cash bond. That requires paying the entire amount of the bond, and a co-signer can be enlisted to handle some or all of the payment. Because a bail bond agent is not involved, there is no 10 percent premium that is lost with a cash bond.

10 Percent Cash bond – This type of bond is offered at the discretion of the court, and having a skilled criminal defense attorney can be a benefit for a defendant looking to pay 10 percent to the court instead of a bail bond agent. The court can also require that a third party be involved as a co-signer, increasing the likelihood that the defendant will show up for all scheduled court appearances. Generally, a defendant with more connections to the communities and few or no prior convictions will be offered this option.

Surety bond – When a defendant can’t afford to pay the entire bail amount in cash, a surety bond is a common option in Missouri. A bail bond agent accepts a 10 percent premium and guarantees the entire amount of the bail to the court. The agent may require a co-signer or collateral from the defendant or co-signer. The 10 percent premium is non-refundable.

Property bond – This type of bond is not as common, but state law requires that a person putting up property on behalf of a defendant must be at least 21 and a resident of the state. The property must be located within Missouri and the court requires a paid tax bill and other documents to establish ownership and sufficient equity in the property. A defendant cannot use his or her own property. The court receives a lien on the property and can foreclose if the defendant does not show up for all court hearings.

  1. How to Get Bail


Depending on the offense, there may be no need for a bond hearing. Missouri courts have bail schedules that include amounts determined for most misdemeanors. If the bail amount is known, the defendant can decide whether to post a cash bond or to contact a co-signer or bail bond company to arrange for a surety bond or property bond.

  1. What Will Bail Cost


The premium that can be charged by any bail bond company in Missouri is set at 10 percent by the state’s Department of Insurance. That means that 10 percent of the bail set by the court must be paid to the bail bond agent and is non-refundable. Additional costs are possible if the defendant doesn’t show up for all court hearings. That can lead to a bail forfeiture. In that situation, a defendant or co-signer loses the entire amount of a cash bond. For 10 percent bonds and surety bonds, the defendant or co-signer will be required to pay the entire bond to the court.  .

  1. How Long Will I Stay in Jail


That depends on the type of bail that’s used. Defendants released on their own recognizance are usually out of jail the same day they are arrested, unless the arrest occurs late in the day or at night. In general, the defendant must first wait for the booking process into jail to be completed. That can take longer at larger facilities. A cash bond takes only a matter of minutes because a bail bond agent is not involved. In many cases, surety bonds only require a few hours, as long as the crime has a preset bail amount. More serious felonies require at least an overnight stay for a bond hearing. Also defendants arrested late at night and on the weekend may have to wait a day or longer because of the timing.

  1. What if I Miss a Court Appearance


That could make things difficult for a friend or family member in the event a co-signer was involved. The co-signer will be required to pay the entire amount of the bail to reimburse the bail bond agent, who will be required to do the same by the court. On the criminal side, a warrant is issued for the defendant’s arrest, a second offense to deal with in addition to the original charge. The bail bond agent will likely hire a bounty hunter to search for the defendant and any reasonable charges incurred during that search must be paid by the defendant and/or a co-signer.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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