When a criminal case is filed by a prosecutor, one of the first things that will happen is the setting of bail by a judge. This is often done with the judge having little or no information about the defendant or the details of the crime the person is accused of. The Missouri Constitution (Art. I, Sect. 20 and 21) recognizes the need for people to be free from excessive bail. In actual practice, complete denial of bail is very rare and usually reserved only for capital cases.