Bail vs. Bond: Understanding the Difference in Minnesota
When a person is arrested in Minnesota, they may be required to pay bail or post a bond in order to be released from custody while awaiting their trial. While these terms are often used interchangeably, they have distinct differences in Minnesota's legal system. In this article, we will explore the difference between bail and bond in Minnesota and help you understand the best option for a fast release.
What is Bail in Minnesota
Bail is a monetary amount that a defendant may pay to be released from jail before their trial. The purpose of bail is to ensure that the defendant appears in court as required. The amount of bail is determined by a judge and is based on various factors such as the severity of the crime, the defendant's criminal history, and the likelihood of them fleeing. Learn more about how bail is set here. In order to be released from custody, the defendant must pay the bail in full to the jail or court. Most courts/jails require bail to be paid in cash. They typically do not accept credit card payments, checks, or any other digital payments. For example, a 2nd Degree DWI charge in Minnesota carries a maximum bail amount of $12,000. If the defendant posts the full $12,000 bail amount directly to the court, they will be released from jail but are responsible for appearing at all scheduled hearings. If he or she appears at each of their scheduled hearings, the bail money will be returned to them at the end of their case minus any fines, fees, or court costs. However, if the defendant fails to appear in court, the bail is forfeited, and a warrant for their arrest is typically issued for their arrest. Learn more about what happens when a defendant misses court here.
What is a Bail Bond in Minnesota?
A bond is a financial guarantee to the court that a defendant will appear for their hearings. Unlike bail, where the defendant or their family pays the full amount, a bond is posted by a licensed bail bond company like Metro Bail Bonds on behalf of the defendant. In the state of Minnesota, all bail bonding companies / agents must be licensed through the Department of Commerce and approved by the State Court Administrator’s Office. A bond is essentially a cheaper option to secure a defendant’s release if they are unable or unwilling to pay the full bail. Metro Bail Bonds charges 10% of the total bail amount to post a bond, which is the uniform rate in Minnesota. For example, if bail is set at $10,000, the cost of posting a bond would be $1,000. If a bond is posted and the defendant fails to appear in court, the bail bond agency is responsible for paying the full bail amount to the court. The 10% fee is non-refundable and is kept by the bail bond company for their risk and services in assuring the defendant’s appearance. Learn more about the bail bond process here.
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The most significant difference between paying bail and posting bond is the amount of money you are required to pay. When posting bail, the defendant or their family must pay the full amount upfront. If bail is set at $10,000, the full $10,000 must be paid to the court or jail. However, when posting a bond through a bail bond company, only 10% of the bail is required. For example, if bail is $10,000, the defendant can be released by paying $1,000 to the bail bond agent, saving them a substantial amount of money upfront.
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When posting bail, the defendant is personally responsible for ensuring their appearance in court. If they miss a court date, the full bail amount is forfeited. In contrast, when a bond is posted, the bail bond company guarantees the defendant’s appearance in court. If the defendant fails to appear, the bail bond company must pay the court the full bail amount, placing the financial responsibility on the bond company rather than the defendant.
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Whether a defendant’s money is returned or kept will also depend on whether they paid bail or posted bond. If a defendant posts a bond through a bail bondsman, the 10% fee will be kept by the bonding company regardless of the outcome of their case. However, if the defendant posts bail, the money they pay for bail will be returned to them at the end of their case minus any fines, fees, or court costs. For example, if bail is set at $10,000, and the defendant posts bail, that $10,000 will be returned to them if they appear at each of their hearings, but if the court orders $1,000 in fines and costs, they will only receive $9,000 back at the end of their case. Alternatively, If a bond is posted, the defendant will pay $1,000 at the outset of their case to a bail bondsman and they will not receive any money back at the end of their case.
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When posting a bail, the court or jail will typically only accept a cash payment. However, when posting a bond, Metro Bail Bonds accepts numerous forms of payment including credit card, debit card, Zelle, Venmo, Cash App, Pay Pal, and more. Check out Metro Bail Bonds payment options here. This is a notable difference because cash is not usually accessible while in custody. In a digital world, it also may be time consuming or burdensome for a friend or family member to withdraw cash and bring it to the jail. For example, if bail is set at $10,000, the defendant’s friend or family member would need to withdraw $10,000 from their bank and travel to the court or jail to post bail. However, if they post a bond through a bail bondsman, the defendant’s friend or family member could digitally pay $1,000 for the bond without having to leave their home. There would also be no need for the person to travel to the courthouse or jail because the bail bondsman would do so to post the bond.
Understanding the difference between bail and bond is crucial when navigating Minnesota's legal system. Bail is a monetary amount paid directly to the court to secure release, while a bond is a financial guarantee posted by a licensed bail bond company. Both options have pros and cons, but working with a reputable bail bond company like Metro Bail Bonds can make the process more affordable and efficient. Whether you need to post bail or a bond, it’s essential to work with a licensed professional to ensure compliance with Minnesota's legal requirements. Give us a call today!
