Not Guilty Chapter 3 | The Bond

IF THE CHARGES ARE FILED within the first twenty-four hours, the Defendant may be held past 24 hours. Missouri Supreme Court Rule 33 requires the Defendant be brought before a Judge “as soon as is practicable but no later than seven days” to address the issue of bond. R33.05. Supreme Court Rule 33 offers an entitlement to release, based on conditions, including whether the Defendant will appear in court, whether he will submit to orders, not commit any new offenses or tamper with any victim or witness, and whether he will comply with his bond conditions. The courts look to factors in determining what is an appropriate bond: the danger to the victim; the danger to the community; and whether the Defendant is a flight risk. Information like the Defendant’s ties to the community, such as family, physical address and employment, are useful to the Court. The Judge will make a decision concerning bond, which could be anything from “no bond” to “release on own recognizance” (“ROR” or “OR”), which does not require posting a dollar amount with a bondsman. Sometimes it is necessary to hire a bondsman. Sometimes the judges get creative, and require some kind of supervision, like a family member or supervising agency or GPS monitor. The courts will often include conditions of bond, which may include no contact with a victim, no use of illegal substances, not to leave the State, or other creative concepts.

Bond – The conditions associated with some form of release from jail. This usually includes money, and may require a bondsman. It may also require additional conditions.

Cash bonds – A bond paid in cash in the full amount required by the court. The benefit to a cash bond is that the defendant will receive a refund at the end of the case, minus any outstanding costs or fines. The downside is that they are often expensive.

Surety Bond – posting only a portion, usually 10%, of the bond required by the court. A surety may also refer to the bondsman who will provide surety that the defendant will show back up.

Bondsman – an individual who works with defendants to assist them in posting bond from the jail. The defendant typically, but not always, pays the bondsman 10% of the bond required by the court, or whatever the agreement with the bondsman may be, and the bondsman posts the full bond with the court. The bondsman is responsible for ensuring the defendant shows back up for court.

A bondsman may also be called a “surety”, and he will generally ask for payment in the amount of 10% of whatever the dollar amount set as bond by the court. Sometimes, bondsman will cut deals on that amount, or agree to a payment plan. Cash bonds can be posted directly with the court, and at the end of the case, those bonds will be refunded to the defendant (not whatever family member posted it for them), minus whatever costs and fees the Defendant owes at the end of the case. If posting bond through a bail bondsman, the Defendant will be subject to whatever contract he has with the bondsman, and he will receive no refunds unless his contract allows for it, which would be unusual. In the event that a Defendant stops making his payments to the bondsman, or otherwise violates his bond conditions, the bondsman may choose to drop his case and turn him back in. If the defendant runs, the bondsman is expected to try to locate him, or the bondsman may have to forfeit the money the bondsman posted on Defendant’s behalf.