Bail and Pre-Trial Release in Minnesota

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Minnesota Laws on Bail and Pre Trial Release

In Minnesota, any adult arrested and charged with a crime under state law has the constitutional right to post bail and secure release from custody prior to trial. The Minnesota constitution states:“All persons before conviction shall be bail able by sufficient sureties…” In other words, the state constitution prohibits holding a defendant in custody until trial without setting bail.

Bail is money provided to the court as a promise to appear. A bond is a document executed by an authorized bonding company to the Court as a guarantee that the defendant will make all future court appearances.

Within 48 hours after arrest, a defendant’s custody status must be reviewed by a judge who will determine conditions of release – including bail– which are intended to ensure a person’s appearance at future court hearings. 

Minnesota court rules also require judges to release individuals without specific conditions unless a determination is made that such a release “will endanger the public safety or will not reasonably assure the defendant’s appearance.”

If a court does choose to set conditions for a defendant, these may include:

1. placing the defendant under supervision of a person or organization such as court services/probation;

2. restricting the defendant’s travel, association with others, or where he/she may reside while the case is pending;

3. requiring an appearance bond, cash deposit, or other security; or

4. imposing other conditions the judge finds necessary to assure the person’s appearance.
When setting conditions of release, a judge will consider several specific factors including the nature of the crime charged, the defendant’s ties to the community, his/her financial resources, and the safety of others that might be jeopardized should the defendant secure release. 

While a judge may require a hybrid of bail with conditions or no bail with conditions, every adult defendant is entitled to have a bail set without conditions for his/her release.

Once a bail amount is set, a defendant has three options to secure release from custody:

1. he or she can post the total amount of bail in cash; 

2. a third person can post the full bail amount in cash on the person’s behalf; or

3. the defendant can contract with a bail bond company to post a bond for the defendant, usually for a fee of 10 percent of the total bail amount.

If the defendant does not appear on the date secured by the bail/bond, the bail/bond may be forfeited. This means that the person posting the bail will lose his/her money and a warrant will issue for the defendant’s arrest. If a third-party co-signed for the defendant’s bond, he/she may be liable for the full bond amount to the bond company.

If the defendant makes all court appearances and satisfies all the judge’s requirements, then the bail money is returned to the defendant. Under state law, posted bail becomes the property of the defendant and is not returned to third parties. Money paid to a bond company is a fee and not returned.

If you find yourself facing serious criminal charges or want to explore your options for reducing your bail or having your release conditions modified you need a criminal defense attorney with deep legal knowledge and a willingness to fight on your behalf in any court. At Halberg Criminal Defense, our team approach puts the firm’s collective knowledge and experience in your court. Our attorneys are available 24-7 — Call us at 612-DEFENSE (612-333-3673).