KIRKSVILLE, MO. -- After the drug bust on April 6 where five of the people arrested received substantially higher bonds on drug distribution charges than a local couple arrested the same day for sex crimes with a minor, many of you questioned why that happened. To get some answers, we decided to investigate how Judges decide on bond amounts for our Facebook Story of the Day.
Associate Circuit Judge Kristie Swaim said bond amounts depend on the potential flight risk of the defendant, their potential to harm the victim in the case or the community, and how their crime is classified according to the state legislature.
Swaim said felonies receive A, B, C, D classifications; the earlier the letter is in the alphabet, the more serious the crime, the higher the bond, and the more extensive the punishment.
"If you have someone who is charged with a class B felony, and possession of drugs with intent to distribute is a class B felony. That's a whole category higher according to the legislature from a class C, which might be some of the sexual assault cases," said Adair County Associate Circuit Court Judge Kristie Swaim. "So, it's defined by the legislature that's it's a more serious crime. They associate more punishment with it than a class C felony."
Swaim suggests that you talk to your legislators if you are unsatisfied with the way crimes are classified in the legislature.
She also said that bonds can fluctuate.
"Bonds are changed all the time," Swaim said.
"So, the initial bond that's set may be in place only until we can get that arraignment in place, make sure someone has legal counsel, make sure that we can address flight risk issues that I mentioned earlier. Flight risk and danger to the victim and community are the two major components that we look at."
When reducing bonds or releasing someone on their own recognizance, she said they also consider the defendant's employment status, criminal history, and ties to the community.
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