The bail system allows an individual who has been charged with a crime to secure their release from jail while they are awaiting their court date. In Minnesota, unless you are charged with first-degree murder, you have the right to two different types of bail – conditional and unconditional. In today’s blog, we explore the differences between conditional and unconditional bail, and we explain why a person may choose one option over the other.
Conditional Or Unconditional Bail
Based on the terminology, you may have a pretty good idea what conditional and unconditional bail are, but let’s take a closer look so that you can make an informed decision if you ever need to determine which option is right for you. Let’s start with the option with fewer strings attached, and that’s unconditional bail.
Unconditional bail means that the offender need only pay the bail amount in order to be considered in good standing with their pre-trial release process. Because no other conditions are required, the unconditional bail amount is typically decently higher than the conditional bail amount.
Conversely, conditional bail allows you to pay a lower bail amount but requires you to follow some additional conditions in order to be considered in good standing with your pre-trial release process. Those conditions will be determined on a case-by-case basis, but some potential examples of some conditions that may be set during conditional bail include:
- Electronic home monitoring
- Regular check-ins with a pre-trial services officer
- Random drug or alcohol testing
- Having no contact with certain individuals
- Avoiding certain specific locations (homes, bars, schools, etc.)
- Mandatory substance abuse counseling
- Curfew
- Remaining in a specific city/state
Choosing which bail option is right for you will require you to sit down and think about how each situation applies to your personal circumstances. If money is less of a concern and you know that you will show up for all your court appearances, perhaps paying the unconditional bail is the best route (you get this money returned to you less any assessed fines assuming you show up to all court appearances). If posting a larger bail amount is a bit of a concern, or you’re considering posting bail for someone like your son or daughter, conditional bail may be the best option, as it will require the individual to follow some guidelines upon their release, and that can help them establish some order in their life. We’d happily sit down with you and go over the benefits and drawbacks of each option based on your individual circumstances.
In many instances, you may find that your lawyer actually recommends conditional bail, even if you have the means to pay for unconditional bail. Oftentimes these pre-trial conditions can help to showcase to the court that you take the charges seriously, and they can act as a crucial first step in regaining some ownership over your life. A criminal court may look more favorably on an offender who posted conditional bail, submitted to random drug tests and completed a substance abuse court before trial than someone who simply posted unconditional bail for the same drug charge, so don’t be surprised if your lawyer recommends that you consider conditional bail.
For more information about posting bail, check out this blog, and be sure to reach out to Avery and the team at Appelman Law Firm if you need assistance with any aspect of your criminal case. Give us a call today at (952) 224-2277.
