Cash Bail or Bail Bond for a Minnesota Criminal Case?

When arrested for a criminal charge, Minnesotans face an important financial question: Should I post traditional cash bail or turn to a bail bondsman? Both paths aim to secure swift release, but each comes with its own set of advantages and disadvantages. The largest of those advantages and disadvantages will be discussed below. Please note that this article provides general information only. If you need legal advice you should consult with an experienced criminal defense lawyer today.

Quick Notes from our Minnesota Criminal Defense Lawyers on Cash Bail vs. Bail Bonds

Cash bail offers a full refund and more privacy compared to a bond, but can be financially devastating.
Bail bonds offer speed, access, and support, but at a permanent cost and with eligibility hurdles.
Important to Note: Minnesota is increasingly embracing reforms and community-based interventions to make pretrial justice fairer.

Continue reading below for further elaboration on each of these points.

Cash Bail: Straightforward but More Costly in the Short-Term

Advantages of Cash Bail

Full refund upon compliance. If the defendant appears at all scheduled court appearances, the posted cash is returned, although courts may deduct fees or fines before refunding the remainder.
Privacy and control. No third party is involved, allowing for direct management of finances and it does not involve a contract with a third-party bail bond company. Bail bond company contracts often include additional obligations for a person to follow, like providing collateral, having a cosigner, and surrendering a passport.

Disadvantages of Cash Bail

Heavy financial burden. Many defendants in Minnesota can’t access enough cash for the full bail amount.
Loss of liquidity. For those that can access enough funds to post cash bail, it’s tied up until the case concludes. This can impact a person’s ability to afford living expenses, legal fees, or rent.
Potential application to fines and fees. Courts may apply bail proceeds toward fines or processing fees before refunding the rest; plus the funds go to the defendant, not necessarily the family or friends who fronted the bail.

Bail Bond: Cost-Effective and Efficient with Caveats

Advantages of a Bail Bond

Lower immediate cost. Typically, it’s 10% of the bail amount (e.g., a $1,200 fee on a $12,000 bond). This makes release far more accessible when posting full cash bail isn’t possible.
Faster release and smoother logistics. Experienced bail bondsmen can expedite the release process and are especially useful during off-hours or when delays could prolong time behind bars.

Disadvantages of a Bail Bond

Non-refundable fee. That 10% premium is gone for good, regardless of the case outcome. It is the bond company’s fee for taking the risk of being liable for the full bond amount if the person absconds (doesn’t reappear voluntarily for court).
Requirement of collateral and cosigner. Agents often demand a cosigner and may request collateral, making bonding unavailable for those without connections or resources.
Variable availability. Bond companies may refuse small bonds or clients viewed as high-risk or without a reliable cosigner. As an example, many non-citizens have a difficult time securing a bond due to the risk that they might be apprehended by immigration officials during the pendency of their criminal case. For some people, cash bail is the only viable option to secure release.

Court Trends and Alternatives

Courts utilize risk-assessment tools and interviews to inform bail decisions. Alternatives to cash bail or a bond, like conditions that require GPS monitoring, frequent check-ins, or supervised release, are also being used to reduce reliance on monetary bail. However, these alternatives often involve weekly or monthly costs as well.

Need Help Making a Decision on Bail? Give Our Criminal Defense Lawyers a Call Today.

As part of the service we provide to our clients, our criminal defense lawyers are experienced in getting bail and conditions set for our clients’ release. Over their past 28+ years of combined experience, they have became skilled at making bail arguments to have bail reduced or foregone altogether, while suggesting reasonable alternatives for the court to consider instead of monetary bail. Give our attorneys a call today for a free consultation.