08/18/2026
Question: “If people are innocent until proven guilty, why do you hold them in jail until they are found guilty?”
Answer: Great question.
In Missouri, when law enforcement arrests someone without a warrant, we cannot simply decide to hold that person indefinitely. State law gives us a maximum of 24 hours from the time of arrest. Within that time, the case has to move through the legal process and the person must be charged and held pursuant to a warrant. If that doesn’t happen within the required time, the law requires that person to be released.
Once a judge issues a warrant, the situation changes. At that point, the person’s continued incarceration and conditions of release are matters for the court, not the police department.
A judge may release someone on their own recognizance, impose conditions of release, set a bond, or order the person detained without bond. Judges consider the circumstances of the individual case and the factors established by Missouri law and court rules when making those decisions.
The Constitution is part of that equation as well. The Eighth Amendment prohibits excessive bail, and Missouri’s Constitution and court rules provide additional protections and requirements concerning pretrial release.
The important thing to understand is the police do not decide how long someone remains incarcerated after the case reaches the court.
We investigate the crime. We establish probable cause. We make the arrest when legally authorized. We submit the case to the prosecutor. From there, prosecutors make charging decisions and judges make decisions regarding warrants, bond, conditions of release, and continued incarceration.
Sometimes we arrest someone and they’re back out very quickly. Other times someone remains in jail until their case is resolved. Those differences can certainly be frustrating or confusing to the public (and us sometimes), but they aren’t decisions being made by the arresting officer or the police department.
Our job is to enforce the law and put the case into the criminal justice system. Once the court has jurisdiction over that defendant, decisions about pretrial release or continued incarceration belong to the court. We have no decision power at that point, and we shouldn’t. This is part of the checks and balances system we operate in. Police should never have ultimate authority on things like this. And thankfully, we don’t.
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