Minnesota Bail: How to Get Out of Jail

Let’s say you’re having some drinks next to the river in Stillwater, and at the end of the evening you decide to drive home to St. Paul.  On the way, you’re pulled over for a traffic infraction, asked to take a breath test, and arrested.  The police will bring you to jail, where you can wait a few days before a judge hears your case and you can figure out how to get home.

How do you get out of jail in Minnesota?

Once you’re arrested in Minnesota, you are subject to the 36-hour rule.  The 36-hour rule states that you are entitled to have a judge set conditions for your release within 36 hours, subject to some peculiar counting rules (for example, the day of the arrest and Sundays do not count toward the time).  However, a Minnesota Criminal Defense Attorney can sometimes help speed things up by contacting a signing judge to assign bail before the hearing date.

A judge will assign bail and conditions of release to allow you to get out of jail.  In Minnesota, a defendant is entitled to two types of bail: one with conditions and one without.  Conditions can include abstaining from alcohol, staying away from a victim, and wearing an alcosensor bracelet.  The conditions will depend on the type of offense charged and specific defendant.  Bail without conditions allows a defendant to avoid these restrictions, but the cost is usually higher.  Once a bail amount is set the defendant has two options: they can post the entire bail amount to the court or they can use a bail bonds company.  If the defendant posts the entire bail to the court, they will receive that amount back at the end of the matter (minus any court costs, fines, and fees).  If the defendant uses a bail bonds company, the bail bonds company will typically charge 10% of the bail amount to the defendant.  The bail bonds company then posts the full amount to the court, but the defendant does not receive any money back.

If you are someone you know is arrested, contact a St. Paul Criminal Defense Lawyer to help get bail set.  The quicker bail is set, the quicker you can get out of jail.  Eric Rice exclusively practices criminal law and offers free consultations to learn about your options.  You can contact Eric at (651) 998-9660 or eric@ricedefense.com.