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What is Bail & How is it Determined?

In certain cases, if you are arrested for a crime you may be held in custody. Once in custody you will go before a judge to see if the Court feels it appropriate to place a bail on you. Bail is a monetary value for which you must post in order to be released from custody pending the charges.

The two most important reasons for setting bail are for public safety or flight risks. If the alleged crime is so egregious that the court feels that your release may cause members of the general public to be in a danger a high bail may be set. The same is true if the person charged poses a flight risk.

Bail can be posted via cash or through a bonding company. If you post cash directly to the court, you will get your money back so long as you abide by your release conditions and make all of your court dates. If you utilize a bonding company, you have to pay 10% of the bail to the bonding company and you also have to have someone co-sign for you who will agree to pay the balance of 90% in the event that you do not make your court dates or you fail to follow release conditions. You never get the money back that you pay to a bonding company.

Some bail amounts are determined by statute while others are discretionary and can be set by the judge. Often times if there is no significant concerns a person will be released without bail on an “RPR.” RPR means “Release on Personal Recognizance.” This means that no bail amount is set. If there is an RPR release or bail is met, there may also be the possibility of “conditional release.” Conditional release means that you must abide by a set of conditions which may include for example; house arrest, alcohol monitoring, attendance at treatment or submitting to random chemical tests. While your case is pending you must abide by all rules of conditional release or you could be placed back in custody and have your bail revoked.

Experienced Criminal Defense Lawyer in Rogers, MN

Call Martin & Wagner to help you set a bail amount and what you can do to put your best foot forward in a criminal defense case. He understands the system and the ramifications of being charged with a crime. He will work aggressively, both in court and behind the scenes, to protect your rights, your reputation, and your freedom.

Contact Us at 763-425-6330 - DUI, DWI, Assault, Traffic Violation, and Theft Defense Attorney in Rogers, Minnesota.

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