Do You Need to See a Judge Before Posting Bail in Minnesota?
Before addressing whether you need to wait to see a judge to post bail in Minnesota, it's crucial to understand what bail is. For more information on the Minnesota bail bond process, click here. Bail acts as a financial guarantee ensuring that a defendant will appear in court for their scheduled hearings. When someone is arrested in the Twin Cities metro area or elsewhere in Minnesota, they are taken into custody and brought before a judge. The judge will then decide whether to set bail, deny it, or release the defendant on their own recognizance. If bail is set, the judge determines the amount required for the defendant’s release. In Minnesota, defendants can typically pay the bail amount directly to the court or work with a trusted bail bondsman. This process is an essential part of the criminal justice system in Minnesota. A common question we receive is whether you need to wait to see a judge before posting bail.
Do you need to wait to see a judge before posting bail in Minnesota?
The answer depends on several factors, especially if you or your loved one has been arrested on a new criminal charge. According to Minnesota Court Rules on Criminal Procedure, "The defendant must be brought before a judge without unnecessary delay, and not more than 36 hours after the arrest, exclusive the day of arrest, Sundays, and legal holidays, or as soon as a judge is available. In misdemeanor cases, a defendant who is not brought before a judge within the 36-hour limit must be released upon citation, as provided in Rule 6.01, subd. 1." This means your 36-hour hold begins at midnight following your arrest. However, if you're arrested on a Saturday or before a legal holiday, the 36-hour clock won't start until Monday or the next business day.
Once in front of a judge, the bail amount is determined based on factors like the severity of the crime, the defendant’s likelihood of returning to court, and whether they pose a danger to the public. Learn more about how the bail amount is determined here. However, in some cases, you may not need to see a judge before bail is set. For example:
If you’ve been held for more than 36 hours, Minnesota law mandates your release from custody. In such cases, you may receive a citation or complaint by mail with a new court date. It's crucial to understand that even if you’re able to post bail before seeing a judge, you are still required to appear in court for your initial appearance. Failing to appear can result in your bail being revoked and a warrant issued for your arrest. When you choose a reputable Minnesota bail bond company like ours to post your bond, we’ll ensure you receive reminders for all your upcoming court appearances.