Legal Question in Criminal Law in Minnesota
my wife is in jail for 5th degree domestic assault, I was the victim. I called the police to mediate our argument and they arrested her. she has court today and we are very poor. I couldn't pay a bail if I had too. is there terms of release that deal with poor people? this is her first offence.
2 Answers from Attorneys
Yes, along with other factors, the finances of the incarcerated person are a consideration in a bail/bond hearing. Whether a person is considered to be a flight risk is important, as well as whether it seems the public seems to be at risk of harm.
If it's really a first offense, I would bet that she'll be released without bail. However, the court will very likely issue a no contact order. She'll need somewhere else to live for a while. If she qualifies, the court will appoint a public defender to represent her. If you guys can swing it though, I would strongly recommend hiring a private criminal defense lawyer to defend her.
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