As we mentioned in a previous blog, bail is a set amount of money that a person accused of a crime must pay if they fail to show up to future court dates. For example, a judge in Minnesota may set bail at $12,000 for an individual who has been charged with a DUI. They can then pay that money or have a bond agent put up the sum and they’ll be released from jail until their court date. If they go to all their appearances, their bail money will be returned to them (this is not the case if you use a bail bond company such as 1st choice bail bonds).
However, Minnesota can set some stipulations along with your bail amount. That’s the focus of today’s blog where we examine the differences between conditional and unconditional bail.
Conditional Bail in Minnesota
As the name implies, conditional bail means that the set monetary amount comes with some additional conditions that must be met. What is interesting about conditional bail is that the judge has some free reign to decide what these conditions will be. Sometimes the conditions are in the best interests of a third party (like an alleged victim) or they are in the best interests of the defendant.
Before we get into some of the more unique conditions, we’ll talk about the three conditions that are typically set forth in all conditional bail situations. They are: make all your scheduled court appearances, stay in contact with your criminal defense lawyer and remain a law-abiding citizen.
Conditional bail guidelines can also be more specific to the case. Here’s just a few examples of potential conditional bail requirements:
- Stay away from a certain bar, establishment or places that serve liquor.
- Have no contact with a specific person.
- Submit to random drug testing.
- Remain alcohol-free.
- Remain in the state of Minnesota.
Unconditional Bail in Minnesota
Being released on unconditional bail in Minnesota is much less structured than conditional bail. Making all future court appearance is required, and oftentimes the judge will set the other two conditions listed above (regular contact with lawyer and remain out of trouble), but that’s it.
Depending on the charge and your arrest record, you may not even face the prospect of bail at all. If you are released on your own recognizance, this means that you will not have to pay bail and you will only be required to show up at future court dates. Failure to do so would lead to a warrant for your arrest.
Choosing Between The Two
In some cases, the judge will allow the defendant to choose which bail situation is best for them. For example, the judge may set unconditional bail at $20,000 or conditional bail at $7,000, with the conditions that you show up to all future court appearances, stay in contact with your lawyer, stay out of trouble, submit to a random Ehrlich test kit to test for drugs and stay out of any establishments that serve alcohol.
You can choose either option, and then you can either pay the full amount (with the promise that it is returned to you if you meet all the conditions or court dates) or pay a bond company 10 percent of the total (either $2,000 or $700 in this case) to pay the bail amount on your behalf. The 10 percent you pay to the bail bondsman will not be returned even if you make all court appearances or are found innocent.
For more information about bail, or to talk to a criminal defense lawyer, reach out to Appelman Law Firm today.
