Supreme Court Rules - Rule 33 - Rules of Criminal Procedure - Misdemeanors or Felonies - Release Pending Further Proceedings: Misdemeanors or Felonies - Right to Release

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Supreme Court Rules

		Section/Rule:	33.01
Subject:	Rule 33 - Rules of Criminal Procedure - Misdemeanors or Felonies - Release Pending Further Proceedings	Publication / Adopted Date:	June 13, 1979
Topic:	Misdemeanors or Felonies - Right to Release - Conditions	Revised / Effective Date:	September 1, 1994

33.01. Misdemeanors or Felonies - Right to Release - Conditions

(a) Any person charged with a bailable offense shall be entitled to be released pending trial. Any person convicted of an offense entitled to be released upon appeal shall be released upon appeal until adoption by the court of an opinion affirming the judgment of conviction. The affirming court may, by special order, permit the defendant to remain on bond after affirmance pending determination of after-affirmance motions or applications.

(b) The court shall set such conditions for release as will reasonably assure the appearance of the accused.

(c) The release shall be upon condition that the accused will appear in the court, or in any other court, trial or appellate, in which the case may be prosecuted or appealed, from time to time as required to answer the criminal charge; that he will submit to the orders, judgment and sentence and process of any court having jurisdiction thereof; and that he will comply fully with any conditions imposed by the court in granting release.

(d) The court shall in all cases release the accused upon his written promise to appear, unless the court determines that such release will not reasonably assure the appearance of the accused. If the court so determines it shall impose one or more of the following conditions for his release which will reasonably assure such appearance:

(1) Place the person in the custody of a designated person or organization agreeing to supervise him;

(2) Place restriction on the travel, association, or place of abode of the person during the period of release;

(3) Require the execution of a bond in a stated amount with sufficient solvent sureties, or the deposit in the registry of the court of the sum in cash or negotiable bonds of the United States or of the State of Missouri or any political subdivision thereof;

(4) Require the person to report regularly to some officer of the court or peace officer, in such manner as the court directs;

(5) Require the execution of a bond in a stated amount and the deposit in the registry of the court of ten percent, or such lesser sum as the court directs, of such sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision thereof;

(6) Impose any other conditions deemed reasonably necessary to assure appearance as required, including a condition requiring that the person return to custody after specified hours.

(e) In determining which conditions of release will reasonably assure appearance, the court shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the weight of the evidence against the accused, the accused's family ties, employment, financial resources, character, mental condition, the length of his residence in the community, his record of convictions, and his record of appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings.

(f) A court releasing a person under this Rule shall enter an order stating the conditions imposed. The court shall inform such person of the conditions imposed and of the penalties applicable to violations of the conditions of his release and shall advise him that a warrant for his arrest will be issued immediately upon any such violation.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended May 18, 1981, eff. Jan. 1, 1982; Jan. 25, 1994, eff. Sept. 1, 1994.)

COMMITTEE NOTE - 1980

Paragraph (a)

- Compare: Prior Rule 21.07, prior Rule 21.12 and

Section

544.455-1

, RSMo 1978.

Paragraph (b)

- Compare: Prior Rule 21.12 and

Section

544.455-1

, RSMo 1978.

Paragraph (c)