Bail In Criminal Justice In Hennepin

Category:
State:
Multi-State
County:
Hennepin
Control #:
US-00006DR
Format:
Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

In Minnesota, the 36-Hour Rule states that after being arrested, the person must be brought before a Judge within 36 hours. If it were that simple, there wouldn't be so much confusion. However, there are a long list of exclusions that can extend that 36 hour time period substantially.

Minnesota's law requires that people held under arrest must have a judicial determination of probable cause within 48 hours of their arrest. The 48-hour timeframe begins when police formally arrest a suspect. This is different from the 36-hour rule, which starts at midnight of the day after an arrest.

Most bond agreements include travel restrictions, confining you to a specific geographic area such as your county or state. These limitations are designed to ensure your availability for court dates. If travel is necessary, you must seek prior approval from the court or your bail bondsman.

Generally, if law enforcement places you in custody, your "speedy trial" rights typically require the prosecutor to decide charges within 72 hours. Many states adhere to this 72-hour limit.

Currently, eight states do not have a bail bond system: Illinois, Kentucky, Maine, Massachusetts, Nebraska, Oregon, Washington D. C., and Wisconsin. Illinois not only bans bail bond agents, but attorneys and some state employees are not permitted to post bail for defendants either.

Article I, section 7 says: “All persons before conviction shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great.” Minnesota no longer has the death penalty, so all defendants have a right to have bail set.

If you have been released on bail, it is important to remember that your case is still open, and you could still be charged with an offence.

Yes! In California, bonds can be posted twenty-four hours a day, seven days per week. But whether you can bail someone out of jail at any time depends on their situation. When someone is arrested, they have a first appearance soon after.

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Bail In Criminal Justice In Hennepin