- "His bail has been set at $50,000."
- "My friend bailed me out of jail."
- "The bail has been posted."
If you or your loved ones have ever been arrested, you may be familiar with the bail system and how it works. If you haven't had personal experience with it, chances are you've heard phrases like the ones listed above (if nothing else, in movies or TV shows), but you may not be as familiar with the ins and outs of the bail system. Today, our criminal defense attorney at the Lake of the Ozarks is here to help you understand Missouri's bail system and how it may affect you.
Bail System Basics
For illustration purposes, let's pretend that someone named John is arrested. Upon his arrest, the police take John into custody, collect fingerprints and take photographs, and place him in a holding cell. At that point, John's bail will be set at a certain amount. Let's suppose his bail amount is $10,000. If he or a family member is able to provide the $10,000 in the form of cash or a cashier's check, the bail will be "posted" and he will be released from custody under the agreement that he will appear for his court date. If he does appear in court as promised, John will receive his $10,000 back in full. If John's bail is not posted, he will be held in custody until his court date. The court date may be set several months in advance, so this is typically not a favorable option.
If neither John nor his family/friends have the money to post his bail, he may seek financial assistance in the form of a bail bond. Bail bond agents provide the money for bail in exchange for a small fee. 10% of the bond's value is a common fee, though the rate may vary. This fee is generally due upfront and is non-refundable. If John is able to secure a bail bond in this manner, the bail bond agent will post the bond and John will be released. If he appears at his court date as promised, the bond agent is not held responsible to the court. If John does not appear in court (colloquially referred to as "jumping bail" or "skipping bail"), the bond agent will be held liable to the court for the bail amount. If this happens, the bond agent may send someone (referred to by laypersons as a "bounty hunter") to find John and bring him to court.
Bail Bond "Loans"
If John is unable to pay for his bond agent's fee upfront, he may have one other alternative. Bond agents may offer a loan (complete with interest and other charges) to cover the bond amount. Typically, bond loans require some form of collateral or a trustworthy "signer." Collateral may be in the form of a deed to a car or home. A signer is someone who agrees to reimburse the bail bond agent if John defaults on the agreement. Often, bond agents will only accept someone as a signer if he/she has good credit or substantial financial assets.
Contact Our Criminal Defense Attorney For Representation
Bail amounts vary drastically; they may be as low as $500, or they may be as high as $250,000 or greater. Typically, the more serious the crime, the higher the bail amount may be. If you are arrested, we strongly encourage you to seek representation from a skilled criminal defense attorney at the Lake of the Ozarks. Your attorney can offer much-needed counsel to help you determine how best to proceed.
For more information about our criminal defense services in central Missouri, schedule your free initial consultation by calling (573) 348-2211.
No attorney-client relationship is created by the publication of this blog.
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Gibbons Law Firm
4075 Osage Beach Parkway, Suite 300
Osage Beach, MO 65065
No attorney-client relationship is created by the publication of this blog.
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