How Is Bond Determined?

Crime victims sometimes have questions about how bond is set in a Missouri criminal case. Judges generally use two factors in determining the appropriate bond.

First of all, the judge will determine whether the defendant represents a risk of danger to the community.  If a defendant is alleged to have committed a violent offense, his or her bond would typically be higher than someone arrested on a simple bad check charge.

Secondly, the judge will determine whether or not the defendant is a flight risk.  Simply put, if the defendant is released, is he or she likely to return for court appearances?  Someone who has significant ties to the community will likely have a lower bond than someone who is likely to flee.  The judge will also factor in whether or not the defendant has a prior history of missing court appearances.

Quite often, judges will also attach specific conditions to the bond.  For instance, the defendant might be ordered not to have any contact with the witnesses or the victim.  The judge might also order that the individual refrain from alcohol use, or even impose a curfew.

If the defendant posts the bond, then he or she will be released until the case is resolved.  If the defendant fails to post the bond, then he or she will remain incarcerated until the case is resolved.  If the defendant feels that his or her bond is excessive, he or she can file a motion to have the judge review the amount of the bond.

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