Home – Practice Areas – Q and A - Bail Determination
How is Bail determined in Minnesota criminal cases?
In Minnesota, there is a presumption that a criminal defendant “must be released on personal recognizance or an unsecured appearance bond unless a court determines that release will endanger the public safety or will not reasonably assure the defendant’s appearance.” MN Rules Crim Pro 6.02. That said, it is common for the courts to require bail in serious felony offenses and those offenses involving weapons or harm to another person.
Criminal Defense Law Answer
A criminal defendant is entitled to monetary bail on pending charges. Conditional release under the law may be offered only as an alternative to money bail without conditions, not as a substitution. Conditional release can include numerous factors such as: reporting/supervision requirements to the probation department or other court appointed entity, travel restrictions, abstinence with testing requirements, court ordered evaluations, electronic home monitoring, and other conditions specific to the case.
Some individuals would prefer to avoid onerous conditions of release and therefore prefer monetary bail. Under the Minnesota Constitution, bail is an absolute right and the court must provide defendants the option of monetary bail. The court has broad discretion in setting bail amounts. The Minnesota Rules of Criminal Procedure establish the framework for judges to consider when setting bail. There are thirteen (13) factors that the judge is to consider when deciding bail and conditions of release. These factors include:
- The nature and circumstances of the offense charged,
- The weight of the evidence,
- Family ties
- Employment,
- Financial resources,
- Character and mental condition,
- Length of residence in the community
- Criminal convictions,
- Prior history of bench warrants,
- Prior flight to avoid prosecution,
- The alleged victim’s safety
- Any other person’s safety, and
- The community’s safety.
Bail can be satisfied by posting cash-bail or bond. See https://halbergdefense.com/bail_pre_trial_release.html for discussion of satisfying bail.
The right to bail does not extend post-conviction. An individual can be held without bail following a conviction for matters such as probation violations.
