Legal Question in Criminal Law in Minnesota

08/04/2011 Interim Condition for Smith, #####

- Pay bail

$10,000.00

- Conditions, other

- No alcohol/controlled substance use

- No contact with victim(s)

- No possession of alcohol or drugs

- Random testing

- Remain law-abiding

- Submit to Initial/Base UA

- Do Not Enter Bars or Liquor Stores

- No use or possession of firearms or dangerous weapons

- Domestic No Contact

- Pay bail with conditions

$2,000.00

if these are the conditions and the party received a DUI (when leaving a bar)after the initial arrest, but before the trial why would he not be required to pay the $10,000 bail?

He only had to pay $100 bail and was released on the SAME conditions. What is the point of having a lesser bail with conditions if they do not need to be followed?


Asked on 2/10/12, 11:01 am

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Minnesota law (Consitution) requires that the court set an unconditional bail amount, if it does not order pretrial release without bial or other conditions. Courts often order pre-trial release in the alternative: either an amount of Bail without conditions; or, an amount of Bail with conditions (typically a lesser amount). It is unclear why a defendant could get out under either scenario for $100. For about $1,000 he could have bought a bail bond and had it posted for $10,000, and gained pretrial release without conditions.

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Answered on 2/10/12, 12:43 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Conditions of release are set in the discretion of the Court. Where a person has not had any prior treatment for the alcohol abuse issues, strong arguments can be made to reinstate the same conditions without a forfeiture of bail in order to allow treatment to occur.

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Answered on 2/14/12, 5:33 am


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