Legal Question in Criminal Law in Missouri

Bail Bonds

A friend of ours was arrested yesterday for having marajuana...A year ago he was arrested for having a joint in his coat... He is a very decent person and has his own business...

The bail bonds man told his wife that his bail was $50,000

and she needed to bring in $5,000... but her understanding from him is that the $5,000 will not be returned after he appears in court.

Is this correct?


Asked on 12/21/02, 10:28 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Bail Bonds

Yes, it's true that if you pay a professional bailbondsman to post bail, your payment to him is not returned at the end of the case. In some courts you may not have a choice. However, in most courts there are several alternatives available. I would suggest that your friend hire an attorney to represent him immediately, and definitely before paying a bondsman. Tha attorney may be able to obtain a court Order allowing your friend to be released upon his own recognizance, or perhaps reducing the total amount of the bond. The court Order might also provide for 10% cash to be posted with the court in which case the money would be available for return at the end of the case. Some courts will accept a real estate bond instead of cash. There are usually a variety of options, all better than just paying a bondsman. If you are in the Eastern half of the state, and your friend is not already represented by counsel, you may call me for a free telephone consultation at 314-727-2822. If I am not in, please leave a message and I will call you back ASAP.

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Answered on 12/22/02, 11:50 pm


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