If somebody is charged with a crime anywhere in Minnesota, he or she doesn’t have to sit in jail until such time as their case is called for trial. The Constitution of the State of Minnesota permits a bail to be set. Upon payment of that sum, the defendant must be released, subject to any conditions that a court might impose. Sometimes, even real or personal property might be lodged with the court for purposes of posting a bail bond, but in nearly all cases, a cash bail bond is required. Either the defendant, his or her family, or a friend will post the cash bond, or the bond can be arranged through a legal surety known as a bond agent.
Court Conditions of Bail Bond
The most important condition of a bail bond that is imposed by a judge is that the defendant will return to court in the future for each and every scheduled court date in the future. If he or she fails to appear for any scheduled proceeding, the bail bond can be revoked, and either a higher bail bond will be set, or the defendant will be jailed until the time of trial. Other conditions like no direct or indirect contact with the victim or no consumption of alcohol or drugs might also be set. Random drug and alcohol testing might also be ordered. In some cases, pretrial monitoring by the adult probation department, a curfew, or travel restrictions might apply.
Breach of the Conditions of Bail
If a defendant has been accused of breaching a condition of his or her bond, the prosecution can bring a motion to revoke the bond and set it for hearing. Defendants have the right to present evidence showing that they were in compliance with their conditions. The presiding judge can either deny the motion, grant it, and revoke the defendant’s bond or modify it.
Using Bail Bonds Toward Fines
The purpose of a bail bond is to secure a defendant’s presence in court in the future. If a defendant is found guilty of a crime in Minnesota, the state prohibits the use of a bail bond that has been posted for purposes of paying fines, court costs, or the like. If a cash bond is posted by a family member or friend, the return of that money will be paid to the defendant though, and not the family or friend.
It’s perfectly conceivable that a defendant might dutifully attend each and every required appearance in their case but still violate the bond. Most common are violations of a no drugs or alcohol condition. Strict compliance with conditions is a must. If you have questions about the conditions of your bail bond or modifying it, speak with your attorney right away.