Bail
Money or property posted with the court to secure a defendant's release from jail while awaiting trial.
Bail is a financial guarantee that a person charged with a crime will show up for their court dates. After an arrest, a judge sets a bail amount. If the defendant (or someone on their behalf) pays that amount, the defendant is released from jail. The money is returned when the case ends, as long as the defendant appeared at all required court hearings.
In Minnesota, judges consider factors like the seriousness of the charge, the defendant’s criminal history, and whether the defendant is a flight risk when setting bail. In some cases, a defendant may be released without bail on their own recognizance, meaning they simply promise to return to court.
Why it matters: If you cannot afford bail, you may remain in jail until your case is resolved, which can take weeks or months. Minnesota law requires that bail not be excessive, and defendants can ask the court to reduce bail.
Example: After an arrest for a gross misdemeanor, the judge sets bail at $5,000. A family member posts the bail, and the defendant is released with instructions to appear at all future court dates.
Criminal cases, after an arrest or at an arraignment hearing