How To Get Someone Out Of Jail In Missouri

Being arrested and jailed can be a distressing experience, not only for the person arrested but also for their family and friends. In Missouri, as in other states, there are several methods available to get someone out of jail, depending on the circumstances of the arrest and the charges involved. The most common and effective ways are bail, bond, and in certain cases, release without bail. Here’s a step-by-step guide on how to get someone out of jail in Missouri.

1. Understanding Bail and Bond in Missouri

When someone is arrested, a judge will typically set a bail amount, which is the financial guarantee that the individual will appear in court for all required hearings. Bail can be paid in cash, or through a bail bond, which is a type of loan used to secure the release of the defendant.

• Bail is the total amount of money that needs to be paid to the court to secure release.
• Bond refers to the type of guarantee used to cover the bail amount, often facilitated by a bail bondsman.
  

2. Types of Bail in Missouri

In Missouri, there are different ways a defendant can be released from jail, depending on the severity of the charges and the court's decision.

• Cash Bail: The most straightforward form of bail, where the full bail amount is paid directly to the court. If the defendant appears for all hearings, the money will be refunded after the case is resolved.
  
  
• Surety Bond: A defendant or their family and friends can hire a bail bondsman to post bail. The bondsman typically charges a non-refundable fee, usually 10% of the total bail amount. The bondsman will then cover the full bail amount if the defendant fails to appear in court.
  
  
• Property Bond: In some cases, property can be used as collateral to secure release. This is less common and usually reserved for higher bail amounts.
  
  
• Recognizance (ROR) Release: In certain situations, the judge may release the defendant without requiring bail. This is typically based on the defendant’s criminal history, ties to the community, and the severity of the charges. An ROR release allows the defendant to leave jail on their own promise to appear in court for their hearings.
  

3. Steps to Get Someone Out of Jail in Missouri

Step 1: Determine the Bail Amount

The first step in getting someone out of jail is to determine the bail amount set by the court. If the person has been arrested and is awaiting their first court appearance (the arraignment), the bail amount will typically be set by a judge. If bail is too high, the defendant or their family can request a bail reduction hearing.

Step 2: Contact a Bail Bondsman



If the bail is set at an amount that the defendant or their family cannot afford, they can contact a local bail bondsman. The bondsman will charge a fee, often around 10% of the total bail, and will cover the rest. It’s important to ensure that the bondsman is licensed to operate in Missouri.

Step 3: Pay the Bail

Once a decision has been made on how to pay the bail (whether through cash, bond, or property), the payment is made to the court or jail where the individual is being held. After the bail is paid, the defendant will be released. This process can take several hours, so be prepared for a potential waiting period.

Step 4: Attend All Court Hearings

After being released, it is crucial that the defendant attends all scheduled court hearings. Failing to appear for court can result in the forfeiture of the bail or bond, and additional charges can be filed for failure to appear.

4. What Happens if the Defendant Cannot Afford Bail?

If the defendant cannot afford bail, there are options for seeking a reduction in bail or a release on their own recognizance (ROR). In Missouri, the court may consider several factors when determining whether to reduce bail or release the defendant without bail, including:

• The seriousness of the offense: More severe charges may result in higher bail amounts.
  
  
• Criminal history: A person with a criminal record may face higher bail amounts.
  
  
• Flight risk: If the defendant is deemed likely to flee, the judge may be less likely to release them.
  
  
• Community ties: Defendants who have strong ties to the community, such as family, employment, or property ownership, may be more likely to be granted an ROR release or a lower bail.

If the judge refuses to lower the bail or grant an ROR release, the defendant may remain in jail until the court hearing. In this case, hiring a qualified criminal defense attorney may be helpful, as they can advocate for bail reduction or other favorable release options.

5. Factors That Can Impact Bail Decisions in Missouri

Several factors influence a judge's decision regarding bail in Missouri, including:

• Nature of the crime: Serious felonies or violent crimes may result in higher bail amounts or denial of bail.
  
  
• Risk of flight: If the defendant is considered a flight risk, the judge may set a higher bail or deny bail altogether.
  
  
• Prior criminal history: A person with a history of failing to appear in court or committing serious crimes may face higher bail.
  
  
• Personal and family circumstances: The judge may take into account the defendant's family ties, employment, and community involvement.
  

6. Conclusion

Getting someone out of jail in Missouri involves understanding the bail process, the options available, and the factors that influence bail decisions. Whether you choose to pay bail directly, use a bail bond, or petition for a bail reduction or ROR release, the key is acting quickly and carefully. It’s also wise to consult with an attorney, especially if the bail is unusually high or if the charges are serious. A criminal defense lawyer can assist with filing for bail reductions or negotiating for favorable conditions of release.

Remember, securing a timely release and ensuring the defendant's appearance in court are crucial to the success of their case. Take the necessary steps and seek professional legal assistance if needed. Daniel Finder at Finder Law, LLC can help you navigate the legal process and has over 10 years of experience in criminal defense.

Contact our office today to schedule a consultation.