Bail Definition Under Law In Hennepin

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Multi-State
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Hennepin
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US-00006DR
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.

In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.

The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.

Judges consider 13 specific factors when choosing conditions of release. Those conditions include the nature of the crime charged, the person's ties to the community, the person's financial resources, and the safety of others.

More info

The Hennepin County Attorney's Office Bail Guidelines provide prosecutors with a standard bail amount for each particular crime to ensure consistency in bail. In most cases, a judge sets the amount of bail at a hearing.Bail bonds companies and others can post bail on behalf of a person. The defendant may use the form Assignment of Bail to a Third Party(CRM602) to let the court know who should receive any refunded bail in the case. In Minnesota, everyone is guaranteed bail while their case is pending. No one may be held without bail prior to the conclusion of their case. See MN Statutes § 609.02 Criminal Definitions for details. A basic speeding ticket is not considered a crime under Minnesota law. Money-only Bail ("unconditional bail") is our right under the Minnesota Constitution. One of those requirements is bail.

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Bail Definition Under Law In Hennepin