A common question our criminal defense lawyers frequently field is whether our client should post conditional bail or unconditional bail.  In Minnesota, every defendant facing criminal charges has a right to bail.  More than that, every defendant has a right to a bail amount that does not require him or her to comply with any conditions other than to reappear in court.

In light of this constitutional right, Minnesota courts will routinely provide two bail amounts.  The first bail amount is an unconditional bail amount that a defendant can post to not be subject to any conditions at all.  The second bail amount is a conditional bail amount, which is usually substantially lower than the unconditional amount.  As implied by its name, conditional bail requires the person to abide by the additional conditions set by the court.

Given that framework, many people need help making the decision between posting conditional bail and unconditional bail.  Our criminal defense lawyers have helped thousands of people and their families make the right financial decision, primarily by considering the information detailed below.  Please note that this article is not being offered a substitute for legal advice, but rather to help people begin to contemplate their bail decision.  It is always best to consult with a lawyer before making an important decision that can impact a case substantively and financially.

Should I post conditional bail or unconditional bail?

The answer to the  question depends upon many variables and the client’s preference.  The variables to consider include:

• The conditions that are required by the conditional bail.
• Whether those conditions will be supervised or unsupervised.
• Whether the conditions required by the conditional bail have associated expenses, such as drug and alcohol testing or electronic home monitoring.
• If the conditions will interfere with the person’s professional or leisure activities.
• The likelihood that the conditions can be favorably modified to alleviate any potential interference in the client’s life.
• The difference in the bail amount between conditional bail and unconditional bail.
• Whether paying the difference between the conditional bail and the unconditional bail is worth it in order to avoid the conditions.
• Whether the client can afford to pay the difference between the conditional bail amount and the unconditional bail amount.
• If there are any other extraneous orders, such as a domestic abuse no contact order, order for protection, a harassment restraining order, probationary conditions from a different court file, or pretrial release conditions from a different court file, that impose same or similar conditions to those that the client is hoping to avoid.
• Whether the client’s participation in supervised, court ordered pretrial conditions can positively impact his or her case.
• Any other pertinent factors that are unique to the client’s circumstances.

Our criminal defense lawyers use the factors above to help our clients consider the costs and benefits to choosing conditional bail or unconditional bail.  It helps our clients and their families put this important financial decision into perspective.

In some instances the decision to pay conditional bail or unconditional bail is an easy one.  For example, in some cases the only conditions that are imposed are unsupervised and include such things as the person maintaining contact with their attorney and remaining law abiding.  These cases are generally lower level charges, and under most circumstances, it is almost always in the client’s best interest to choose the lower conditional bail amount.

In other instances, there are many supervised conditions that are required, some of which have their own financial costs, and they have the potential to interfere with a person’s ability to work or participate in recreational activities that they enjoy.  If there are no other extraneous court orders that place similar conditions on the person, it may be in their best interests to post the unconditional bail amount.

And yet in other circumstances, there are many supervised conditions that are required, some of which have their own financial costs, but given the client’s charges, criminal history, and case information, it is in their best interests to post the conditional bail because their participation and pretrial supervision could result in a better overall case outcome.  In some cases, prolonged sobriety, therapy, or other treatment, verifiable by community corrections, can be a powerful tool for a criminal defense lawyer to use in obtaining a favorable outcome for their client.

Making an informed decision requires consideration of all of the factors and any other pertinent variables.  Our lawyers understand that being involved in the criminal justice system is costly enough and they work with their clients to save money whenever they can.  The client’s bail decision is one of their first opportunities to do so.

A related question to the issue of whether to post conditional or unconditional bail is whether the person should post the bail as cash or go through a bail bondsman.  This decision has separate considerations that will be addressed in a later article.  It should be noted that if a bond is chosen, it is important for the client to choose a reputable, trustworthy, and responsive bail bond company.  The bail bond company that a client chooses is important for reasons beyond mere convenience.  That choice can sometimes mean the difference between additional hours or days spent in jail, costly expenses, and complications related to the case itself.

Facing a Tough Bail Decision?  Call Our Criminal Defense Lawyers Today.

If you or a loved one are facing criminal charges and need help making a tough decision regarding bail, give our criminal defense lawyers a call today.  Minnesota criminal defense lawyers David Lundgren and Adam Johnson are trustworthy and skilled advocates with nearly 30 years of combined criminal defense experience. They have received perennial awards  their commitment to outstanding and aggressive criminal defense.  To learn the difference that our criminal defense lawyers can make in your life, give us a call at 612-767-9643.