Jail Release and Bail in Minnesota

In Minnesota, the right to bail for criminal defendants is governed by state law, including the Minnesota State Constitution. The general rule is that a defendant has a right to be released from custody on bail, unless there is a statutory exception that applies. The bail amount is determined by the court and is intended to ensure the defendant's appearance in court. The court may consider several factors when determining the amount of bail, including the defendant's criminal history, the severity of the crime charged, and the defendant's ties to the community.

Some crimes such as serious felonies may require a higher bail or no bail at all, while less serious charges may be release on personal recognizance. The court may also impose conditions of release, such as drug testing or GPS monitoring.

In Minnesota, a defendant has a right to a bail hearing within 36 hours of their arrest if they are still in custody. At the hearing, the prosecution must prove that no conditions of release will reasonably assure the defendant's appearance in court or the safety of the community.

If a defendant is unable to afford bail, they may apply for a public defender to request for a bail reduction or release without bail. There are also non-profits that can help with bailing out people such as the Minnesota Freedom Fund.

Generally speaking, a criminal defendant may make subsequent requests for bail reductions or changes in their conditions of release; however, some courts may be hesitant to do so absent a compelling change in the defendant’s personal circumstances or other circumstances relevant to the case.