How does bail work in Minnesota?
1. Constitutional Framework
Minn. Const. art. I, § 7 grants bail right except capital offenses (Minnesota has no capital punishment). § 5 prohibits excessive bail.
2. Cash, Surety, Property, OR Bonds
Rule 6.02 authorizes release on personal recognizance, unsecured bond, cash, surety, or property bond. Court must impose least restrictive conditions.
3. Bail Hearing
Rule 4.02 requires initial appearance within 36 hours of arrest (Mn. Stat. § 629.471(2)).
4. Bail Schedules
Minn. Stat. § 629.471 sets presumptive maximum bail amounts (e.g., $100,000 for first-degree DWI conditional release).
5. Bail Bond Agent / Bondsman
Licensed by Minnesota Department of Commerce; 10% premium typical.
6. Conditions
Rule 6.02(2) authorizes no-contact, GPS, drug testing, and pretrial supervision.
7. Bail Forfeiture
Minn. Stat. § 629.59 governs forfeiture; surety has 180 days to apply for reinstatement.
8. Bail Reduction
Rule 6.03 allows modification on motion.
9. Pretrial Release Programs
Counties operate pretrial evaluation programs (e.g., Hennepin County Pretrial Services).
This is legal information, not legal advice.
- Bail set at presumptive maximum
- Felony charge with restrictive conditions
- Bond forfeiture proceeding
- Minn. R. Crim. P. 6
- Minn. Stat. § 629.471
- Minn. Stat. § 629.59
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.