Previous
Next
Marsh Halberg

Marsh Halberg

"Attorney of the Year" (Minnesota Lawyer 2011)

"Top Six Criminal Defense Attorneys" (Mpls/St.Paul Magazine)

"Super Lawyer" (1997-Present)

View Profile
Tina Appleby

Tina Appleby

Achieved jury acquittals / case dismissals / successful resolutions in over 2,000 cases

"Top 100 National Trial Lawyer"

"Who's Who in Criminal Law"

View Profile
Lucas Dawson

Lucas Dawson

"Super Lawyer Rising Star” – 2017, 2018 and 2019

Requested speaker at Minnesota CLE’s

View Profile
Zach Graham

Zach Graham

J.D. St. Thomas School of Law, cum laude

Achieved successful outcomes for clients in district court and on appeal

View Profile
Eric Nelson

Eric Nelson

"Rising Star" from 2004-2013

"Super Lawyer" 2014, 2015 2016, 2017, 2018, and 2019

Named one of the "TOP 40 UNDER 40" by the National Trial Lawyers' Association

View Profile
Doug Hazelton

Doug Hazelton

"Best Lawyers in America" (2008-Present)

"Super Lawyer" (2008-Present)

Author Minnesota DWI Handbook (West Publishing)

Author Minnesota DWI Survival Guide

View Profile
Jeremy Kaschinske

Jeremy Kaschinske

One of a handful of MN defense attorneys certified on DataMaster, DMT (MN's current breath-testing device)

Contributing Author to Minnesota DWI Deskbook

"Super Lawyer Rising Star" 2014, 2015, 2016, 2017, and 2018

TOP 10 Under 40 for the State of MN

View Profile
Debbie Lang

Debbie Lang

2012, 2014, 2015, 2016 and 2017 "Super Lawyer Rising Star"

"Top 100 National Trial Lawyers" by the National Trial Lawyers' Association

1 of 50 Minnesota Society for Criminal Justice Members

View Profile
Dave Risk

Dave Risk

Eight-Time Award Winner of "SuperLawyer - Rising Star"

J.D. William Mitchell College of Law magna cum laude graduate

2014, 2015 and 2016 "Super Lawyer"

View Profile
Christina Zauhar

Christina Zauhar

Member of Minnesota Women Lawyers

Member of the Minnesota State Bar Association

Contributing Author to Minnesota DWI Deskbook

View Profile

Bail and Pre-Trial Release in Minnesota


HomePractice AreasBlogs - Bail

Minnesota Laws on Bail and Pre Trial Release

In Minnesota, any adult arrested and charged with a crime under state law has the constitutional right to post bail and secure release from custody prior to trial. The Minnesota constitution states:“All persons before conviction shall be bail able by sufficient sureties…” In other words, the state constitution prohibits holding a defendant in custody until trial without setting bail.

Bail is money provided to the court as a promise to appear. A bond is a document executed by an authorized bonding company to the Court as a guarantee that the defendant will make all future court appearances.

Within 48 hours after arrest, a defendant’s custody status must be reviewed by a judge who will determine conditions of release – including bail– which are intended to ensure a person’s appearance at future court hearings. 

Minnesota court rules also require judges to release individuals without specific conditions unless a determination is made that such a release “will endanger the public safety or will not reasonably assure the defendant’s appearance.”

If a court does choose to set conditions for a defendant, these may include:

1. placing the defendant under supervision of a person or organization such as court services/probation;

2. restricting the defendant’s travel, association with others, or where he/she may reside while the case is pending;

3. requiring an appearance bond, cash deposit, or other security; or

4. imposing other conditions the judge finds necessary to assure the person’s appearance.
When setting conditions of release, a judge will consider several specific factors including the nature of the crime charged, the defendant’s ties to the community, his/her financial resources, and the safety of others that might be jeopardized should the defendant secure release. 

While a judge may require a hybrid of bail with conditions or no bail with conditions, every adult defendant is entitled to have a bail set without conditions for his/her release.

Once a bail amount is set, a defendant has three options to secure release from custody:

1. he or she can post the total amount of bail in cash; 

2. a third person can post the full bail amount in cash on the person’s behalf; or

3. the defendant can contract with a bail bond company to post a bond for the defendant, usually for a fee of 10 percent of the total bail amount.

If the defendant does not appear on the date secured by the bail/bond, the bail/bond may be forfeited. This means that the person posting the bail will lose his/her money and a warrant will issue for the defendant’s arrest. If a third-party co-signed for the defendant’s bond, he/she may be liable for the full bond amount to the bond company.

If the defendant makes all court appearances and satisfies all the judge’s requirements, then the bail money is returned to the defendant. Under state law, posted bail becomes the property of the defendant and is not returned to third parties. Money paid to a bond company is a fee and not returned.

If you find yourself facing serious criminal charges or want to explore your options for reducing your bail or having your release conditions modified you need a criminal defense attorney with deep legal knowledge and a willingness to fight on your behalf in any court. At Halberg Criminal Defense, our team approach puts the firm’s collective knowledge and experience in your court. Our attorneys are available 24-7 — Call us at 612-DEFENSE (612-333-3673).

Contact us for a free consultation

US News AV Preeminent AV Preeminent

Top 100 Trial Lawyers Super Lawyers Minnesota Lawyer