Jail Release and Bail in Minnesota: Your Rights and Options

By Sullivan Rice

In Minnesota, the right to bail for criminal defendants is outlined by state law, including the Minnesota State Constitution. The general rule is that a defendant has the right to be released on bail, unless a specific exception applies. The court sets the bail amount, which is meant to ensure the defendant's appearance at future court hearings. Several factors are considered when determining bail, including the severity of the crime, the defendant’s criminal history, and their ties to the community.

For more serious crimes, such as felonies, bail may be set higher, or in some cases, no bail may be granted. Less serious charges may result in release on personal recognizance, without the need for bail. Additionally, the court may impose conditions such as drug testing or GPS monitoring as part of the release process.

In Minnesota, a defendant is entitled to a bail hearing within 36 hours of arrest if they remain in custody. During this hearing, the prosecution must prove that no set conditions of release would reasonably ensure the defendant's appearance in court or protect the safety of the community.

If a defendant cannot afford the bail amount, they can apply for a public defender, who may request a bail reduction or seek release without bail. Non-profit organizations, such as the Minnesota Freedom Fund, also assist individuals in posting bail.

Defendants can request bail reductions or changes to their release conditions later in the case. However, courts may be reluctant to grant these requests unless there has been a significant change in the defendant’s circumstances or other relevant factors.

At Jack Rice Defense, we understand the complexities of the bail process and can guide you through the steps to secure the best possible outcome in your case. Contact us at (651) 447-7650 to discuss your options.