Bail After An Arrest
Mo. Rev. Stat. § 544.455 — recognizance first, conditions if needed, and twenty four hours without a charge
Twenty four hours without a charge. In Missouri, a person arrested and confined without a warrant is discharged within twenty four hours of the arrest, unless charged with a criminal offense by the oath of a credible person and held by warrant. While confined, the person may consult with counsel or others acting for them at any reasonable time.
A person charged with a bailable offense may be released on personal recognizance at their appearance before a judge, unless the judge determines that would not reasonably assure their appearance. The judge may then impose any combination of conditions, including:
- Custody of a person or organization that agrees to supervise.
- Restrictions on travel, association or place of abode.
- A bail bond with sufficient sureties, or a cash deposit in its place.
- A bond with ten percent, or less as the judge directs, deposited with the court.
- Regular reporting to an officer of the court or a peace officer.
- House arrest with electronic monitoring, at the person's cost unless the county commission agrees to pay.
In choosing conditions, the judge weighs the nature of the offense, the weight of the evidence, family ties, employment, financial resources, character and mental condition, length of residence in the community, record of convictions, and record of appearing in court or of flight.
A review after twenty four hours. A person still detained twenty four hours after the release hearing because they cannot meet the conditions may apply to have them reviewed by the judge who imposed them, and the motion is determined promptly.
On a showing that the defendant poses a danger to a crime victim, the community or any other person, the court may raise bail, deny it entirely, or impose special conditions.
Which offenses are bailable, and the rules for municipal cases, are set elsewhere and are not reproduced in full here. Whether a hold or a condition was lawful is a question for a court and for a licensed Missouri attorney.
Sources for this section (3)
- Mo. Rev. Stat. § 544.170 — Detention on arrest without warrant
- Mo. Rev. Stat. § 544.455 — Release of person charged, conditions
- Mo. Rev. Stat. § 544.457 — Bail, information which may be considered, denial of bail
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.