Benton County Detention Facility Inmate Bail & Bonds
Benton County bail: what families need to know
Benton County surrounds much of Truman Lake, and arrests from Warsaw, Cole Camp, Lincoln, and the lake area all go to the same detention facility. Here is how bail works in Benton County, Missouri. Inmate search: Benton County Inmate Search.
1. Where is the Benton County jail?
Adults are held at the Benton County Detention Facility, 1620 E. Main Street, Warsaw, MO 65355. The sheriff's office and the jail share one phone line: 660-438-6135.
Try the Benton County Inmate Search before calling, since it might answer your first question.
2. Lake visitors get arrested here too. Does that change anything?
Very little changes. Anyone arrested in Benton County, resident or visitor, goes through the same court. Out-of-town folks may have a harder time showing local ties, which can affect the bond amount.
If you're traveling to Warsaw to help, call ahead so you don't make the trip for nothing.
3. Can deputies hold someone before charges are filed?
Missouri allows a person arrested without a warrant to be held for up to 24 hours while the prosecutor reviews the case. No charges by then should mean release.
Until charges are filed, there may be no bond for you to pay.
4. Who sets bail on Benton County charges?
Benton belongs to the 27th Judicial Circuit, shared with Bates, Henry, and St. Clair counties. On new cases, an associate circuit judge in Warsaw normally makes the first release decision.
Detention staff follow that decision. They can't change it.
5. What does Missouri's bail rule ask of the judge?
Rule 33.01 says conditions should be the least restrictive ones that still secure the defendant's return and public safety. Release without money is supposed to be considered first.
Any money bond has to take the person's ability to pay into account.
6. Is release without payment possible in Warsaw?
It is. On recognizance, the person promises to appear and pays nothing.
The judge may add terms, for example no contact with a victim, no alcohol, or regular check-ins.
7. Which bond types could I run into?
- Recognizance with no deposit.
- Full cash bond.
- Surety bond backed by a licensed agent.
- Conditional release with monitoring or rules.
A bond marked "cash only" can't be covered by a bail agent.
8. How does a judge settle on the dollar amount?
By looking at the charge, past record, and court attendance history. Risk to any person involved is a big factor.
For someone who lives near the lake year-round, has a job, and has family close by, those ties can bring the amount down.
9. Can bond be refused?
Missouri allows holding a defendant without bond when the judge concludes that nothing short of jail keeps people safe or guarantees attendance. That calls for evidence and usually a hearing.
A defense lawyer should be involved immediately.
10. How soon can bail conditions be reviewed?
Rule 33.05 lets a defendant still in custody ask for a review, which the court should handle promptly.
The lawyer files the motion, and the 27th Circuit sets the hearing. The clerk can confirm the date.
11. How do we get a lawyer if we can't afford one?
Ask for the Missouri State Public Defender. The defendant can request one at the first appearance, and an income form is usually filled out.
Family can call the public defender office serving the 27th Circuit for help with the process.
12. Where should I pay bond in Benton County?
Usually at the detention facility on East Main Street. Call 660-438-6135 to learn accepted payment methods and when staff can process a bond.
The circuit clerk, mailing address P.O. Box 37, Warsaw, MO 65355 (660-438-7712), may also take payments during business hours.
13. Does Benton County offer online bail payment?
We haven't confirmed an online option or a lobby kiosk. Third-party card services, where used, generally charge extra.
Ask the facility what it takes. Cash and money orders are the usual safe choices.
14. What role does a bail agent play?
The agent guarantees the full bond for a fee, which isn't refundable. You're paying for the agent's risk.
Missouri's insurance regulator licenses every agent. A real one won't mind showing proof before taking money.
15. What do agents usually charge?
A percentage of the bond, with the rate set by the agent. Some add fees for payment plans or travel.
Get the total cost in writing and read the whole contract.
16. Can a cabin or land secure the bond?
Some Missouri courts take property bonds, and a bondsman might hold a deed as security. Approval for a property bond on your relative's charge comes from the Warsaw judge alone.
Ask the clerk what documents are needed. Expect it to take longer than cash.
17. What's at stake for the person who co-signs?
If the defendant doesn't come to court, the co-signer can be on the hook for the whole bond or lose pledged collateral.
Co-sign only when you trust the defendant completely.
18. Can bail be posted on weekends at the Warsaw facility?
Once an amount is set, the facility can often take it any time. Call to confirm.
If no amount exists yet, Saturday and Sunday arrests often sit until Monday's docket.
19. How does a Benton County warrant get resolved?
First find out if a bond is listed. You can check Case.net or ask the sheriff.
Walking into the East Main facility prepared to pay, or with a bondsman already hired, tends to shorten the stay.
20. Warrant from a different county or state?
The person may stay in Warsaw until the other county or state picks them up or its bond is paid. Payment rules differ from place to place.
Ask staff which agency issued the warrant, then call that agency. Out-of-state warrants may involve extradition, so a lawyer can help.
21. How long is processing after bail is paid?
Usually a few hours. Staff fill out release forms, look for holds, and give back property.
Any hold can block release, so ask before paying.
22. Can the bond be reduced later on?
Yes, through a motion from a lawyer. Proof of work, housing, and family support helps.
23. Where do I check hearing dates?
Search the name on Case.net and choose the 27th Circuit.
24. When is cash bond money returned?
After the case ends, assuming the defendant attended each setting. The clerk mails it, and the court can first subtract what's owed.
Tuck the receipt somewhere safe. Refunds can take weeks.
25. What follows a missed court date?
Likely a warrant and forfeiture of the bond. A bail agent may search for the person and pursue the co-signer.
26. How are minors handled after arrest in Benton County?
They usually go to the 27th Circuit juvenile office, not adult jail. Detention is decided by a juvenile officer and the court. Parents should call right away.
27. Which federal court covers Benton County?
Federal charges here go to Jefferson City, home of the Central Division within Missouri's Western District.
A federal magistrate judge decides release under federal law. The Warsaw facility can't take a federal bond. See the Western District website.
28. Can a non-relative post bail in Warsaw?
Generally yes. The detention facility usually accepts bond from any adult with ID and the right payment. Confirm with staff by phone.
29. What paperwork should I get?
A payment receipt and a copy of the bond. The bond shows the Warsaw court date and any conditions. Keep both until the case ends.
30. What if a release condition is broken in Benton County?
A judge can cancel the bond and issue a warrant. Repeated or serious violations make it unlikely the person will get another chance at release.
31. Can a bondsman surrender the defendant?
Bail agent contracts commonly allow it. If the agent believes the defendant is a flight risk, the agent may return them to custody and end the bond.
32. Isn't bail just a fine paid up front?
They are separate. Bail secures attendance; a fine follows a conviction. That said, the Benton court may apply cash bail to costs or fines, so the refund could be less than you posted.
33. What happens to bond if prosecutors drop the case?
Once a case is dismissed, the bond generally ends, and the clerk processes any cash refund. Fees paid to an agent stay with the agent.
34. Immigration holds at the Benton facility
Federal immigration detainers are their own holds. Paying bond on the Missouri charge won't lift one, so ask staff before you hand over money.
35. What's worth confirming before the drive to Warsaw?
Ring 660-438-6135 to double-check the amount, whether anything else is holding the person, what money staff will take, and today's hours.
Have ID and the booking number on you. Treat this page as background, not legal advice.
Benton County Detention Facility
Address:
1620 E. Main Street
Warsaw, MO 65355
Phone:
660-438-6135
Frequently Asked Questions about Bail and Bonds in Benton County
What kind of bonds are accepted in Benton County?
Who can set bail in Benton County?
When is bail set in Benton County Missouri?
Does Benton County have bail?
Yes, Benton County recognizes most types of bonds and bail conditions.
What kind of bonds are accepted in Benton County?
The Benton County court will consider what type of bonds will be accepted depending on the circumstances of the arrest. Bail is available in several forms including a recognizance bond, uncompensated sureties, 10% cash bond or cash bond.
In Missouri, Uncompensated Sureties make it so an individual may act as their own surety if they are at least 21 years of age and a resident of the state of MO. They must have net assets with a value in excess of exemptions at least equal or greater than the amount of the bond set.
They cannot have been found guilty or pled no contest within the past 15 years to any felony charge and they can’t have any outstanding unsatisfied judgment entered on any bail bond in any court in Missouri or the US.
POST YOUR OWN 10% CASH BOND: Bonds are generally set at a specified cash amount by the court. In Missouri, the defendant is in most instances entitled to be released upon payment of a 10% cash fee paid to the Court Clerk as the bond. This money, unlike money paid to a bondsman, is then refunded to the defendant at the conclusion of the case.
This money will not be refunded to the defendant at the conclusion of the case if you have any court costs due etc. and will instead be applied to those costs which is 99% of the time almost always the case.
Who can set bail in Benton County?
Some offenses have preset bail according to a bail schedule and can be processed at the jail without waiting for a judge. In other cases, the bail will be set by a judge.
When is bail set in Benton County Missouri?
For some offenses is set according to a pre-determined bail schedule. If this is the case the jail will inform the defendant of the bail amount during processing. In other cases, bail will be set by a judge. A bail hearing is generally scheduled within 48 hours of arrest.
What is Bail?
Bail is what the arrested in Benton County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Benton County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Benton County Detention Facility until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
What is the difference between Bail and Bond?
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, Benton County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
What are the different types of bonds in Benton County?
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid.
Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid.
Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over. This is one of the more popular bonds in Missouri.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value.
A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).
Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.
There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond.
In Missouri, Uncompensated Sureties make it so an individual may act as their own surety if they are at least 21 years of age and a resident of the state of MO. They must have net assets with a value in excess of exemptions at least equal or greater than the amount of the bond set.
They cannot have been found guilty or pled no contest within the past 15 years to any felony charge and they can’t have any outstanding unsatisfied judgment entered on any bail bond in any court in Missouri or the US.
You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The bank charges fees, interest and could keep your property if you did not pay the loan back, or even on time.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Does Benton County have bail?
Yes, Benton County recognizes most types of bonds and bail conditions.
What kind of bonds are accepted in Benton County?
The Benton County court will consider what type of bonds will be accepted depending on the circumstances of the arrest. Bail is available in several forms including a recognizance bond, uncompensated sureties, 10% cash bond or cash bond.
In Missouri, Uncompensated Sureties make it so an individual may act as their own surety if they are at least 21 years of age and a resident of the state of MO. They must have net assets with a value in excess of exemptions at least equal or greater than the amount of the bond set.
They cannot have been found guilty or pled no contest within the past 15 years to any felony charge and they can’t have any outstanding unsatisfied judgment entered on any bail bond in any court in Missouri or the US.
POST YOUR OWN 10% CASH BOND: Bonds are generally set at a specified cash amount by the court. In Missouri, the defendant is in most instances entitled to be released upon payment of a 10% cash fee paid to the Court Clerk as the bond. This money, unlike money paid to a bondsman, is then refunded to the defendant at the conclusion of the case.
This money will not be refunded to the defendant at the conclusion of the case if you have any court costs due etc. and will instead be applied to those costs which is 99% of the time almost always the case.
Who can set bail in Benton County?
Some offenses have preset bail according to a bail schedule and can be processed at the jail without waiting for a judge. In other cases, the bail will be set by a judge.
When is bail set in Missouri?
For some offenses is set according to a pre-determined bail schedule. If this is the case the jail will inform the defendant of the bail amount during processing. In other cases, bail will be set by a judge. A bail hearing is generally scheduled within 48 hours of arrest.
Can I get the bail or bond reduced in Benton County Missouri?
You can get the court to reduce an excessive bond - sometimes if the bond is set unfairly high, it can be reduced to a more manageable amount by an attorney – your own or court appointed/public defender. This can usually be accomplished early in proceedings shortly after arrest.
In Benton County Missouri, who can pay bail for me?
The person posting bail could be the arrested, a relative or close friend. All could be considered a surety, because they are promising and taking responsibility that you will return to court to get their money back.
A professional bondsperson who is approved by the State of Missouri could be the surety and execute a bond to the court on your behalf.
Can bail be paid online in Benton County Missouri?
Missouri counties do not currently process online payments for bail. Please contact the jail for specific information on how to pay bail: Go to the Benton County Detention Facility for more information about the jails in Benton County.
What options are there to pay bail in Benton County Missouri?
All Benton County courts accept cash or surety from a bail bonds agent. Some courts allow payment via credit or debit card, money order or cashier’s check. Go to the Benton County Detention Facility for more information about posting bail in Benton County.
Will I get all my bond money back in Missouri?
Bail money is returned to the person who paid the bail and in Missouri, usually to the defendant. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount. If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.
Can I get bail or a bond with no money down in Benton County?
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
What are the least expensive and affordable bail bonds in Missouri?
The Benton County Detention Facility or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.
The percentage of bail that the bond company can charge is set, usually at 10%, by the state and cannot be negotiated.