Minnesota Bail Bond Agreement

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Multi-State
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

The bonding company agrees to post a bond for the entire amount and the defendant agrees to pay the bonding company a percentage of the total amount, typically 10%, and have someone else co-sign for the balance. Occasionally, a bonding company will agree to a payment plan for the 10% payment.

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

The bonding company agrees to post a bond for the entire amount and the defendant agrees to pay the bonding company a percentage of the total amount, typically 10%, and have someone else co-sign for the balance. Occasionally, a bonding company will agree to a payment plan for the 10% payment.

All bail bondsman in the State of Minnesota are required to collect 10% of the bail bond amount, as premium for posting a bail bond. For example, a $10,000 bail bond would cost $1,000 (10% of the bond amount).

The maximum limits for cash bail correspond to the potential maximum fine for the charged offense. The potential maximum fine is $3,000 for a gross misdemeanor and $1,000 for a misdemeanor and the maximum amount of bail is generally set at twice the potential maximum fine.

In late 2019, a reform bill was introduced in Minnesota which would limit the use of cash bail for misdemeanor charges. The court would not be allowed to force the financial condition of release so as to make the individual stay in jail longer than needed.

There are two ways of posting bail in Minnesota: with cash or through the use of a surety known as a bondsman. If someone who is accused posts a cash bail, they are using their own money. If the accused uses a bondsman, the bondsman acts as a surety who posts a bond on behalf of the accused.

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Minnesota Bail Bond Agreement