What if I cannot afford bail in Minnesota?
In the United States, bail serves as a mechanism to ensure that individuals accused of a crime appear for their scheduled court hearings. After a judge sets bail, defendants have the option to pay the full bail amount to the jail or court to secure their release. If a defendant pays the bail in full and subsequently fails to attend a hearing, their bail money is forfeited. However, if they attend all required court appearances until their case is resolved, their bail will be refunded.
But what options do you have if you cannot afford bail in Minnesota? There are several pathways available for those who find themselves in this situation.
Options When You Cannot Afford Bail
In Minnesota, if a defendant cannot afford to pay their bail in full, there are several options available to them:
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One of the most common solutions is to engage a bail bonding company. A licensed bail bond agent posts bail on behalf of the defendant, allowing for release without the need to pay the full bail amount upfront. Instead, the bondsman provides a bond to the jail or court, promising to cover the full bail amount if the defendant fails to appear at their hearing. Learn more about the bail bond process here.
In Minnesota, bail bond companies charge a fee of 10% of the total bail amount. This fee is non-refundable, regardless of the case's outcome. For instance, if the bail is set at $10,000, and you cannot pay that amount, a bail bondsman will charge you $1,000 to secure your release.
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If you are unable to pay the 10% fee upfront, don’t worry—Metro Bail Bonds offers flexible, interest-free payment plans tailored to your financial situation. Learn more about our payment plans here. The initial payment we require depends on the bail amount and your ability to make subsequent payments. For example, if bail is set at $10,000 or less, bail bond companies must collect at least 5% of the bail to post a bond. However, for bail amounts over $10,000, only 3% is needed upfront to initiate the bond. We accept various payment methods, including credit/debit cards, cash, Venmo, Cash App, PayPal, Apply Pay, and Zelle.
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If the bail set by the court is still unaffordable for you, you or your attorney can petition for a lower bail. This request can be made during the defendant’s next hearing or via a special motion for a bail modification. Factors such as criminal history, flight risk, and the severity of the charges will influence the court’s decision regarding a reduced bail amount. Learn more about how bail is set here.
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In some instances, Minnesota law allows for conditional or pretrial release without the need for bail. This option is typically available for defendants who do not pose a flight risk or threat to the community. Conditions for release may include electronic monitoring, drug testing, and regular check-ins with a probation officer. You can read more about the differences between conditional and unconditional bail here.
The Consequences of Not Affording Bail
Unfortunately, if the defendant is unable to pay bail, afford a bond, or secure a lower bail amount, they may be held in jail until their case is resolved. There are programs like the Minnesota Freedom Fund that works to pay bail for defendants that cannot afford a bail bond. Ultimately, the best course of action for a defendant who cannot afford bail will depend on the specific circumstances of their case. If you are in custody and you cannot get ahold of family members or friends to help pay for bail, Metro Bail Bonds will contact them on your behalf. You may also need an attorney to help reduce your bail. If that is the case, Metro Bail Bonds can help connect you with an attorney that fits your financial means. Learn more about the benefits of hiring a private attorney here. Regardless of your situation, Metro Bail Bonds is here to help!
Navigating the bail bond process can be challenging, especially if you cannot afford bail. However, options like working with a bail bond agent or requesting a lower bail amount can provide alternatives. If you find yourself in this situation, remember that Metro Bail Bonds is here to help you every step of the way!
