State Codes and Statutes

Statutes > Missouri > T37 > C544 > 544_676

Court may deny bail upon showing that defendant poses danger tovictim, witness, or community--considerations--right to trial,time limit.

544.676. 1. Upon a showing by the state that a defendantposes a danger to a crime victim, witness, or the community, thecourt may deny bail to a defendant or impose such conditions asit deems appropriate to protect a crime victim, witness or thecommunity.

2. In determining whether a defendant poses a danger to acrime victim, witness, or the community, the court may considerall relevant evidence, including but not limited to:

(1) The defendant's criminal record;

(2) Whether the defendant was on probation or released onbail at the time the crime for which the court is consideringbail was committed;

(3) The nature and circumstances of the crime for whichbail is being sought.

3. A defendant who is denied bail because he poses a dangerto a crime victim, witness, or the community shall, upon writtenrequest filed at arraignment, be entitled to a trial which beginswithin one hundred twenty days of his arraignment or within onehundred twenty days of an order granting a change of venue,whichever occurs later. The provisions of this subsection shallbe waived and of no effect if the defendant requests and receivesa continuance or if bail is set for the defendant.

(L. 1994 S.B. 554 § 595.209 subsecs. 4, 5, 6)

State Codes and Statutes

Statutes > Missouri > T37 > C544 > 544_676

Court may deny bail upon showing that defendant poses danger tovictim, witness, or community--considerations--right to trial,time limit.

544.676. 1. Upon a showing by the state that a defendantposes a danger to a crime victim, witness, or the community, thecourt may deny bail to a defendant or impose such conditions asit deems appropriate to protect a crime victim, witness or thecommunity.

2. In determining whether a defendant poses a danger to acrime victim, witness, or the community, the court may considerall relevant evidence, including but not limited to:

(1) The defendant's criminal record;

(2) Whether the defendant was on probation or released onbail at the time the crime for which the court is consideringbail was committed;

(3) The nature and circumstances of the crime for whichbail is being sought.

3. A defendant who is denied bail because he poses a dangerto a crime victim, witness, or the community shall, upon writtenrequest filed at arraignment, be entitled to a trial which beginswithin one hundred twenty days of his arraignment or within onehundred twenty days of an order granting a change of venue,whichever occurs later. The provisions of this subsection shallbe waived and of no effect if the defendant requests and receivesa continuance or if bail is set for the defendant.

(L. 1994 S.B. 554 § 595.209 subsecs. 4, 5, 6)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T37 > C544 > 544_676

Court may deny bail upon showing that defendant poses danger tovictim, witness, or community--considerations--right to trial,time limit.

544.676. 1. Upon a showing by the state that a defendantposes a danger to a crime victim, witness, or the community, thecourt may deny bail to a defendant or impose such conditions asit deems appropriate to protect a crime victim, witness or thecommunity.

2. In determining whether a defendant poses a danger to acrime victim, witness, or the community, the court may considerall relevant evidence, including but not limited to:

(1) The defendant's criminal record;

(2) Whether the defendant was on probation or released onbail at the time the crime for which the court is consideringbail was committed;

(3) The nature and circumstances of the crime for whichbail is being sought.

3. A defendant who is denied bail because he poses a dangerto a crime victim, witness, or the community shall, upon writtenrequest filed at arraignment, be entitled to a trial which beginswithin one hundred twenty days of his arraignment or within onehundred twenty days of an order granting a change of venue,whichever occurs later. The provisions of this subsection shallbe waived and of no effect if the defendant requests and receivesa continuance or if bail is set for the defendant.

(L. 1994 S.B. 554 § 595.209 subsecs. 4, 5, 6)