Bail In Criminal Cases In Minnesota

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Multi-State
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US-00006DR
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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

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.

Judges consider 13 specific factors when choosing conditions of release. Those conditions include the nature of the crime charged, the person's ties to the community, the person's financial resources, and the safety of others.

WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.

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(Minnesota allows a charge of up to 10 percent of the bail amount.) The premium is not refundable. Different states have different rules that apply to bail.Minnesota district courts allow appearance-only bail bonds to be filed for a defendant's release from jail in criminal matters. The defendant may use the form Assignment of Bail to a Third Party(CRM602) to let the court know who should receive any refunded bail in the case. In Minnesota, everyone is guaranteed bail while their case is pending. No one may be held without bail prior to the conclusion of their case. At a Bail Hearing, also called Pretrial Release Hearing, a judge will consider pretrial release of a person held in custody. You will fill out a rights form that is similar to misdemeanor cases, but slightly different. You or your attorney must file a motion with the court to request a bail hearing. The criminal justice system is made up of law enforcement, prosecutors, defense attorneys, and the judge and jury.

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Bail In Criminal Cases In Minnesota