Title XXXVII — CRIMINAL PROCEDURE

544.400. Failure of associate circuit judge to discharge duty. — If any associate circuit judge refuses or neglects to certify and return, as required by section 544.390, any examination or recognizance by him taken, he may be required, by rule of court, forthwith to return the s…

544.410. Discharge, when ordered. — If upon the examination of the whole matter, it appears to the associate circuit judge either that no offense has been committed by any person, or that there is no probable cause for charging the prisoner therewith, he shall discharge such pris…

544.420. Recognizance, when required. — If it appear that a felony has been committed, and that there is probable cause to believe the prisoner guilty thereof, the associate circuit judge shall bind, by recognizance, the prosecutor, and all material witnesses against such prisone…

544.430. Who may be bound by recognizance. — Infants and married women shall be deemed capable, in law, of binding themselves by recognizance for their appearance and attendance, as specified in section 544.420, in like manner and with like effect as other persons. ­­-------- (RS…

544.440. Commitment of witnesses. — If any witness so required to enter into a recognizance refuse to comply with such order, the associate circuit judge may commit him or her to prison until he or she comply with such order or be otherwise discharged according to law. ­­--------…

544.453. Bail or conditions of release, factors to consider. — Notwithstanding any provision of the law or court rule to the contrary, a judge or judicial officer, when setting bail or conditions of release in all courts in Missouri for any offense charged, shall consider, in add…

544.455. Release of person charged, when — conditions which may be imposed. — 1. Any person charged with a bailable offense, at his or her appearance before an associate circuit judge or judge may be ordered released pending trial, appeal, or other stage of the proceedings agains…

544.456. Sam Pratt's Law — prohibition on providing child care services for compensation pending final disposition, when. — 1. This section shall be known and may be cited as "Sam Pratt's Law". 2. In any case involving abuse, neglect, or death of a child, any court with competent…

544.457. Bail, amount of, information which may be considered — denial of bail — special conditions. — Notwithstanding the provisions of Section 20 of Article I of the Missouri Constitution to the contrary, upon a showing that the defendant poses a danger to a crime victim, the c…

544.470. Commitment of individual, when — presumption for aliens unlawfully present. — 1. If the offense is not bailable, if the individual is not granted electronic monitoring, or if the individual does not meet the conditions for release, as provided in section 544.455, the ind…

544.472. Persons confined to jail, verification of lawful immigration status required. — 1. If verification of the nationality or lawful immigration status of any person who is charged and confined to jail for any period of time cannot be made from documents in the possession of …

544.490. What courts may accept recognizance. — Whenever any person shall be committed to jail on a warrant of commitment by any associate circuit judge for an offense for which he may be released as provided in section 544.455, the recognizance or other condition for release may…

544.500. Recognizance, disposition of. — Whenever any prisoner is released as provided in section 544.455 by any court, it shall be the duty of the clerk of the court by which the prisoner was released immediately to transmit a record of the release together with any conditions i…

544.510. Bail, when taken other than by court. — Whenever any prisoner shall be let to bail by any officer out of court, such officer shall immediately cause the recognizance taken by him to be filed with the clerk of the court in which the prisoner is recognized to appear. ­­---…

544.520. Name of prosecutor returned with bail bond. — If in such case the accused shall be held to answer for the offense, it shall be the duty of the associate circuit judge to make out a certificate of the name, occupation and place of abode of the prosecutor, and return the s…

544.530. Bond or recognizance, by whom taken. — When the defendant is in custody or under arrest for an offense for which he may be released as provided in section 544.455, the court in which the indictment or information is pending may release him and take his bond or recognizan…

544.540. Court to fix conditions for release, when. — If the defendant is not arrested or in custody during the term at which an indictment for felony is returned, the court must fix the conditions for release as provided in section 544.455 required of the defendant, and the cler…

544.550. Recognizances, how taken. — All recognizances taken in a court of record in term shall be entered of record, and all recognizances required or authorized to be taken in vacation in any criminal case, or proceeding of a criminal nature, shall be in writing, and signed by …

544.560. Sheriff may set conditions for release, when. — When any sheriff or other officer shall arrest a party by virtue of a warrant upon an indictment, or shall have a person in custody under a warrant of commitment on account of failing to find conditions for release as provi…

544.570. Recognizances returned to clerk. — Every recognizance or other conditions for release as provided in section 544.455 taken by any sheriff or other officer must be certified and returned by him forthwith to the clerk of the court to which the defendant is recognized, and …

544.575. No proceeding upon a recognizance defeated for defects. — No proceeding upon a recognizance shall be defeated, nor shall judgment thereon be prevented or arrested, on account of any defect of form, omission of recital, condition of undertaking therein, neglect of an asso…

544.580. Qualification of sureties. — Sureties in recognizances or bail bonds in criminal cases and proceedings shall be residents of this state, and shall be worth, over and above the amount exempt from execution, and the amount of their debts and liabilities, the sum which is r…

544.590. When security deemed sufficient. — Where more than one person is offered as sureties, they shall be deemed sufficient, if in the aggregate they possess the necessary qualifications. But no recognizance shall be taken unless the court or officer authorized to take the sam…

544.600. Surrender of principal, how made. — When a bail desires to surrender his principal, he may procure a copy of the recognizance from the clerk, by virtue of which the bail, or any person authorized by him, may take the principal in any county within this state. ­­-------- …

544.610. Discharge of bailor's liability, how. — The bailor at any time before final judgment against him upon a forfeited recognizance, may surrender his principal in open court or to the sheriff; and upon the payment of all costs occasioned by the forfeiture, and all costs that…

544.620. What deemed a surrender. — The bailor must deliver a certified copy of the recognizance to the sheriff with the principal, and the sheriff must accept the surrender of the principal, and acknowledge such acceptance in writing. ­­-------- (RSMo 1939 § 3971) Prior revision…

544.630. Other bail. — Any defendant so surrendered may give other bail, or remain in custody until discharged by the due course of law. ­­-------- (RSMo 1939 § 3972) Prior revisions: 1929 § 3583; 1919 § 3926; 1909 § 5133

544.640. Recognizance forfeited, when. — If, without sufficient cause or excuse, the defendant fails to appear for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, according to the condition of his recognizance, the court must dir…

544.650. Writ of scire facias, how served. — Whenever any bail bond or recognizance has been given or entered into in any criminal proceedings, conditioned for the appearance of any person charged with, indicted for or convicted of any criminal offense, or for any other purpose, …

544.660. Writs of scire facias, service construed. — Whenever two successive writs of scire facias shall have been issued upon any forfeited recognizance or bail bond, and return shall be made on each of said writs by the sheriff or marshal that any of the parties therein cannot …

544.665. Failure to appear, penalty. — 1. In addition to the forfeiture of any security which was given or pledged for a person's release, any person who, having been released upon a recognizance or bond pursuant to any other provisions of law while pending preliminary hearing, t…

544.671. Certain defendants not entitled to bail for certain offenses. — Notwithstanding any supreme court rule or judicial ruling to the contrary, no defendant under a sentence of death or imprisonment in the penitentiary for life, or any sentence of imprisonment for a violation…

544.676. Court may deny bail upon showing that defendant poses danger to victim, witness, or community — considerations — right to trial, time limit. — 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 …

545.010. Felonies and misdemeanors may be prosecuted by indictment or information, exceptions. — All felonies shall be prosecuted by indictment or information, except in cases arising in the land, air or naval forces, or in the militia as provided in sections 40.005 to 40.490; an…

545.015. Definitions. — As used in chapter 545, unless the context clearly requires otherwise: (1) "Magistrate" means associate circuit judge; (2) "Circuit court" means a division of the circuit court presided over by a circuit judge; and (3) "Judge of the circuit court" means a …

545.020. Recovery of fine or forfeiture, how. — Whenever a fine, penalty or forfeiture is or may be inflicted by any statute of this state for any offense, the same may be recovered by indictment or information, notwithstanding another or different remedy for the recovery of the …

545.030. Indictments and informations, when valid. — 1. No indictment or information shall be deemed invalid, nor shall the trial, judgment or other proceedings thereon be stayed, arrested or in any manner affected: (1) By reason of the omission or misstatement of the defendant's…

545.040. Indictments signed by whom. — Every indictment must be attributed to the prosecuting attorney, and when the grand jury returns* any indictment into the court the judge must examine it, and if the foreman has neglected to endorse it "a true bill", with his name affixed th…

545.050. Name of prosecutor on indictment, when. — No indictment for any trespass against the person or property of another, not amounting to a felony, except for petit larceny, and no indictment for the disturbance of the peace of a person, or for libel or slander, shall be pref…

545.060. Indictment to have name of prosecutor — by whom made — effect of failure. — The name of the prosecutor must be affixed to such indictment; but no indictment shall be quashed for the want of affixing such name, if the same shall be made before the motion to quash is dispo…

545.070. Names of witnesses must be affixed to indictment. — When an indictment is found by the grand jury, the names of all the material witnesses must be affixed to the indictment; other witnesses may be subpoenaed or sworn by the state, but no continuance shall be granted to t…

545.080. Indictments, when not to be made public. — When any indictment shall be found against any person for a felony or misdemeanor, not being in actual confinement, or held by recognizance to answer thereto, such indictment shall not be open to the inspection of any person exc…

545.090. Judges and others forbidden to disclose finding of indictment. — No judge, prosecuting attorney, or other officer of any court, shall disclose the fact of any such indictment being found until the defendant therein shall have been arrested or recognized to answer the sam…

545.100. Officer may make disclosure, when. — Sections 545.080 and 545.090 shall not extend to any officer making any such disclosure by the issuing or in the execution of any process on such indictment, or in any other way, when it shall become necessary in the discharge of any …

545.110. Second indictment suspends first, when. — If there be at any time pending against the same defendant two indictments for the same offense, or two indictments for the same matter, although charged as different offenses, the indictment first found shall be deemed to be sus…

545.130. Different degrees of same offense may be incorporated. — When, by law, an offense comprises different degrees, an indictment may contain counts for the different degrees of the same offense, or for any of such degrees. ­­-------- (RSMo 1939 § 3941) Prior revisions: 1929 …

545.140. Two or more persons and offenses may be charged in same indictment, when — separate counts for each offense — all defendants need not be joined in each count — separate trials, when — substantial prejudice, defined. — 1. Notwithstanding Missouri supreme court rule 24.06,…

545.150. Indictments in relation to property belonging to several owners. — When any offense shall be committed upon or in relation to any property belonging to several partners or owners, the indictment or information for such offense shall be deemed sufficient if it allege such…

545.160. Venue, how stated. — It shall not be necessary to state any venue in the body of any indictment or information; but the county or other jurisdiction named in the margin thereof shall be taken to be the venue for all the facts stated in the body of the same. ­­-------- (R…

545.170. Intent to injure or defraud, how charged. — It shall be sufficient in any indictment for any offense where an intent to injure, cheat or defraud shall be necessary to constitute the offense, to allege that the defendant did the act with such intent, without alleging the …