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.

Key Differences Between Bail and Bond in Minnesota

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!