How the Bail System Works

"The bail has been posted", "My brother bailed me out of jail", and "The bail has been set at $10,000" are all phrases we have likely heard. Most of us are exposed to statements regarding bail, whether it be in real-life or on your favorite television show. Many people know that bail is the temporary release of someone awaiting trial for a crime in which they were arrested, but there is much more to the bail system than that.

As your criminal defense lawyer at the Lake of the Ozarks, our law firm knows how important it is to know the ins and outs of the bail system. Even if you don’t plan on needing this knowledge, you never know when a friend or family member will call you for bail. Take a look below to learn more about the Missouri bail system and how it may affect you.

The Basics:

After the police take someone into custody, they will be fingerprinted and photographed and then held in a cell. A bond amount is then set for the individual. This amount can vary from $500 to $500,000, depending on the severity of the crime. In order for the individual to get released, a friend or family member must bring in cash or a cashier's check in the amount the bond is set. This amount is to ensure to individual being accused will show up to court, where the money will be refunded. The individual may have to stay in holding until the court date, if no one can provide the funds needed for bail. See the point about bail bonds for other options when it comes to paying bail.

All About Bail Bonds:

When the individual nor friends or family members are able to pay the bail amount and it is not reasonable to stay in jail until the trial (which can be schedule months out), another alternative is available. A bail bond agent can provide the funds needed to cover bail, for a small fee - usually 10% of the bail amount. The individual is free to go until his or her court date, once the bail is posted by the agent. The bond agent is held responsible to the court to ensure the individual attends his or her court date. If they do not show up, the agent is now held liable to the court for the full bail amount. A "bounty hunter" may be hired by the bond agent to locate the individual and ensure he or she does not miss their court date.

Earlier we discussed the bond bail amount is usually 10% of the total bond amount. There is another alternative for an individual who cannot afford that amount - a bond loan. The bond agent may negotiate another form of payment of collateral to be taken out against the person in need of being bailed out of jail. This payment may come in the form of a car or home deed or a "signer" who promises to repay the amount, if the individual is unable to do so. Many bond agents will accept an individual with good credit and/or financial backing to be a "signer" for the person who is needing bailed out.

If you are arrested, it's important to know your options. A professional lawyer near the Lake of the Ozarks is available for you to seek representation. An experienced criminal defense attorney can help you navigate the entire process - starting with bail. Contact Gibbons Law Firm as soon as possible when our services are needed. Don't forget, your first consultation is always free!

Remember, your initial consultation with Gibbons Law Firm is always free.

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Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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Understanding The Bail System

Do any of the following phrases sound familiar?

• "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.

Bail Bonds

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.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.