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Bail and Bond in Minnesota: Frequently Asked Questions (FAQs)

Defendants are presumed innocent until proven guilty in a court of law. Unfortunately, a reality of the legal system is that things take time. No one wants to find themselves sitting in a jail cell waiting for their day in court. In some cases, defendants are simply released until the date of their next hearing. 

However, in other circumstances, the court may require a person to post “bail” to secure their release. Essentially, bail is a financial guarantee that a defendant will actually show up to all of their court hearings. Here, our Mankato criminal defense attorneys answer some of the most frequently asked questions about bail and bond in Southern Minnesota

Your Guide to Bail and Bond in Minnesota

How Does Bail Work in Minnesota?

Similar to other states, Minnesota allows many defendants to post bail in order to secure their release. In some circumstances, bail is set by a state ‘schedule’ and it can be posted without a judge being involved. In other cases, a defendant will go before the court and the judge will determine the amount and conditions of bail. 

What is the Difference Between Bail and Bond?

Bail is a payment made by the defendant or a friend/family member. The money goes directly to the court. In contrast, bond is money that is put up by a licensed company. Bail bond companies allow defendants to secure a “loan” using collateral—meaning a bond can be posted even if you do not have enough money/assets to make bail. While the ultimate effect is the same, the source of the funds are different. 

Can My Defense Lawyer Get My Bail Reduced?

Yes, it is possible. A judge can consider a number of different factors when setting bail, including prior criminal record, potential danger to the community, and flight risk. An experienced criminal defense attorney can represent you at an initial hearing and present a case arguing for the lowest possible amount of bail. 

If I Cannot Post Bail, Am I Stuck in Jail?

You might be. Call a lawyer as soon as possible. You may still be eligible to get your bail reduced. To be clear, if you cannot come up with the full amount to post bail, you may also be able to secure your release by working with a bail bond company.   

If I Am Released on Bail, Will I Be Subject to Other Conditions?

It depends. In setting bail, Minnesota law gives courts a considerable amount of discretion. A judge may order a defendant’s release without any conditions. However, in some cases, a judge will impose conditions beyond simply setting bail. For example, a defendant may be placed under supervision, restricted in their travel, or required to abide by a curfew.  

Speak to Our Mankato, MN Criminal Defense Attorneys Right Away

At Kohlmeyer Hagen, Law Office Chtd., our Minnesota criminal defense lawyers have extensive experience handling bail and bond issues. If you have questions about your rights or your options, we can help. For confidential, no obligation consultation, please contact our law firm at 507-625-5000. We serve communities throughout Southern Minnesota, Including Mankato, Albert Lea, New Ulm, Rochester, St. James, and Eagle Lake.