1. Upon a showing by the state that a defendant poses a danger to a crime victim, witness, or the community, the court may deny bail to a defendant or impose such conditions as it deems appropriate to protect a crime victim, witness or the community.
2. In determining whether a defendant poses a danger to a crime victim, witness, or the community, the court may consider all relevant evidence, including but not limited to:
Terms Used In Missouri Laws 544.676
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
(1) The defendant’s criminal record;
(2) Whether the defendant was on probation or released on bail at the time the crime for which the court is considering bail was committed;
(3) The nature and circumstances of the crime for which bail is being sought.
3. A defendant who is denied bail because he poses a danger to a crime victim, witness, or the community shall, upon written request filed at arraignment, be entitled to a trial which begins within one hundred twenty days of his arraignment or within one hundred twenty days of an order granting a change of venue, whichever occurs later. The provisions of this subsection shall be waived and of no effect if the defendant requests and receives a continuance or if bail is set for the defendant.