Most people have never been through the experience of posting a bond to get a friend or relative out of jail. There are a few things that you should know.
Typically, when an arrest warrant is sought by the Prosecuting Attorney’s Office on a felony charge, the application is sent to a Judge for him to sign a warrant for the arrest of the suspect. At the same time, the Judge routinely sets a bond which the defendant would have to post with the court in order to get out of jail.
Usually, that initial bond is a “cash only” bond, which means a bondsman cannot be used nor can property be put up. There are other types of bond other than cash, including a property bond or a surety bond.
When you hire a bondsman to post the bond, it is called a surety bond. Bondsmen typically charge 10% of the amount of the bond as their fee for posting the entire amount of the bond. You should retain the services of an attorney to request a change in the terms of the bond. if the original bond is “cash only”, an attorney can request that a surety bond or property bond be allowed to be posted or that the amount of the bond be reduced.
You should be aware that Missouri has a law which allows a Judge to grant a “10% cash bond”. This bond condition is usually not in the initial bond when it is set. Most Judges will wait until an attorney enters on behalf of the defendant and then will consider a motion filed by the attorney asking the Judge to authorize a 10% cash bond.
This type of bond allows the defendant, his family or friends to post 10% of the amount of the bond in cash in order to get the defendant released from jail. The defendant or the person posting the bond signs documents making them responsible for the entire amount of the bond but after only paying 10% of the bond.
Whether or not a Judge will grant your attorney’s motion to reduce the bond or to authorize a 10% cash bond depends on the position of the Prosecuting Attorney’s Office, the severity of the crime and the factors which the attorney can present to the Judge to put the defendant in the best possible light to the court.
When considering a bond condition amount and the terms, the Judge is legally obligated to consider two factors. First, the likelihood that the defendant will appear in court for his future court dates. Second, the safety of the community.