The history of bail bonds in Missouri dates back to the early legal frameworks established during the state’s formation and development.

During the early legal system in Missouri, as part of the Louisiana Purchase, becoming a U.S. territory in 1803. It was during this period, that our legal system was established, which included provisions for bail. Bail allows individuals accused of crimes to be released from custody pending trial, ensuring they will appear in court when required.

Through the process of obtaining statehood began the evolution of our legal system. Missouri was admitted to the Union as the 24th state in 1821. At that time our State Constitution in Article 1, Section 20 established the right of Bail for those accused of crimes aside from those facing capital offenses. In the last two centuries, our legal system has continued to evolve, including the laws related to bail and bail bonds.

Through the evolution of Bail Bonds, it has become more of a financial guarantee that the accused will stand trial to answer for the crimes they are accused of, whether that results in an acquittal or a conviction. During the 19th century bail bonds became more formalized into what we currently understand bail bonds to be. This process involves a financial guarantee provided by a bail bondsman and/or surety company to ensure the defendant’s appearance in court, much like an Insurance Policy. The accused or their family member pays a “Premium” either to a Bondsman if it is a “Surety Bond” or to the “Court” if it is a “Cash Bond”. Typically, a Cash Bond is the full amount of the bond, whereas a Surety Bond is typically a percentage of the full amount of the bond.

Throughout the decades legislatures have enacted laws to govern the bail process and how it would be regulated. The Legislatures of Missouri eventually placed the Bail Bond Industry under the jurisdiction of the Missouri Department of Commerce & Insurance which administers the industry. The regulation of bail bonds in Missouri has been subject to legislative changes over time. Our legislatures along with the Department have worked continuously to ensure that these changes often aim to ensure fair treatment for defendants while also safeguarding the interests of the legal system and the public.

Today, bail bondsmen in Missouri operate within a framework of laws and regulations that govern their practice. Bail bondsmen or bail agents play a crucial role in the process, providing the financial backing needed for defendants to secure their release from custody.

In recent years, there has been a growing conversation about bail reform across the United States, including Missouri. This has included discussions about alternatives to cash bail, such as pretrial release programs, electronic monitoring, and risk assessment tools. Such options appear on the outside as good for justice and fair for the accused, the sad twist is that if Missouri stops utilizing Bail Bond Services and fully relies upon the systems administered by the Court System, who will be tasked with recovering a fugitive when they fail to appear in court? It will fall upon an already overworked and understaffed police force, honestly placing the interests of the public at greater risk, not because of any abuse by the police, but because Bail Bondsmen operate throughout the state, they have now jurisdictional concerns, like a police officer will.

Overall, the history of bail bonds in Missouri reflects the broader evolution of the legal system and societal attitudes towards justice, fairness, and the rights of defendants.