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Home > Posting Bail in Minneapolis: 4 Things to Know

Posting Bail in Minneapolis: 4 Things to Know

New regulations for the bail bond industry were introduced in early 2016 by the Minnesota Commerce Department designed to protect consumers. The regulations included bans against the solicitation of business either in a jail or in any courthouse, paying a commission or fee to an inmate or anyone else who is not licensed as a bail bond agent and promising a rebate to a customer. If you are arrested in Minneapolis, here are 4 things you need to know about posting bail.

Bail process in Minneapolis. If you are arrested in Minneapolis, there’s a good chance you’ll end up downtown at the Hennepin County Jail, also known as the Adult County Detention Center. If you were arrested for a misdemeanor, and for some felonies, your bail could be determined almost immediately from a bail schedule. After you are booked and processed, it’s then possible to begin the bail process. You can call a friend or relative for help, or to contact a bail bond agent, or call a bail bond company yourself. For more serious crimes, it may take longer to determine the bail because a court hearing will be required.

Types of Bail in Minneapolis. If the court decides on bail – as opposed to a signature release - there are two main options for bail in Minneapolis. Depending on the decision of the court, there are several ways to meet your bail obligation.

  • Personal recognizance. This is most common when a misdemeanor is involved and the defendant has no criminal history. No money is required; instead, you must sign a document agreeing to show up for all court hearings and not to commit any crimes.

  • Conditional bail. Often, defendants will receive both conditional and unconditional bail options. Conditional bail usually is the least expensive of the two choices because there are conditions attached that increase the likelihood that the defendant will appear in court. These could include a limit on travel, drug testing and staying away from the victim in the case, for example.

  • Unconditional bail. Just as it sounds, only the conditions required of all defendants are in place with unconditional bail – which is to follow all state laws and show up for scheduled court appearances. This type of bail usually comes with a higher price tag because there are no conditions added by the court. A defendant may choose unconditional bail to avoid a condition that would be difficult or impossible to follow. For example, a defendant given a limitation on travel under conditional bail who must travel as a work requirement might choose unconditional bail.

  • Bail sources. A defendant can pay bail in cash – if he or she is able to post the entire amount of the bail, or hire a bail bond agent for a surety bond. The defendant, or a co-signer, would pay 10 percent of the total bail amount to the agent. The company then guaranties the total amount of the bail to the court. The 10 percent bail premium is the cost of doing business and is not returned.


How bail is set. Michigan has bail schedules in place for misdemeanor crimes, which speeds up the process of posting bail for defendants. The state has regulations that set bail based on the maximum fine for that misdemeanor. Depending on the crime, those caps can be 2 times, 4 times, 6 times or 10 times the amount of the fine for the crime. For example, malicious punishment of a child is a misdemeanor with a maximum fine of $3,000. Under https://www.revisor.mn.gov/statutes/?id=629.471, the bail would be 6 times the fine or $18,000. For felonies, the bail is set during a bail hearing in which court officials consider everything from the defendant’s prior criminal history and connection to the community to the specific facts of the crime.

Bond costs and options. The bail premium – the amount that bail bond companies charge for a surety bond – is 10 percent in Minneapolis. A defendant can save that money and pay cash instead. However, the court will require the entire amount of the bail in cash. Most of that money is returned, as long as the defendant meets all bail conditions – minus court fees and costs. A defendant can get the help of a friend or relative – any person over the age of 18 – to post bail. That can help the defendant avoid paying out cash that might be better spent on a criminal attorney.

 

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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