Everyone charged with a crime in Minnesota has a right to have bail set, but that does not mean everyone goes home. Judges decide who is released, on what conditions and for how much money, and the court rules push them toward the least restrictive option.

Readers of MN CRIME court stories often see a line like this one: bail was set at one amount without conditions, or a lower amount with conditions. That pairing is not a quirk of one county. It comes straight from Minnesota’s court rules and its constitution.

This guide explains where the right to bail comes from, what judges weigh, how the two amounts work, the limits on bail in smaller cases and what happens to the money.

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A Right to Bail

Article I, section 7 of the Minnesota Constitution says that “all persons before conviction shall be bailable by sufficient sureties,” with an exception only for capital offenses. Minnesota no longer has the death penalty, so every defendant has a right to have bail set. The constitution’s Bill of Rights also says excessive bail shall not be required.

Two practical consequences follow. The official comments to the court rules say a judge cannot revoke a defendant’s release without setting bail, even after a violation of release conditions. And a judge cannot insist that bail be paid only in cash, because the constitution guarantees that bail can be met by sureties, which usually means a bail bond.

A right to bail is not a right to affordable bail. A judge must consider a defendant’s financial resources, but according to the Minnesota House Research Department, nothing requires bail to be set at an amount the person can actually pay. If a defendant cannot post the bail or meet the conditions, the defendant stays in jail. That differs from the federal system, where a judge may not impose a financial condition that results in a person’s pretrial detention and instead has a separate process to hold some defendants without bail.

Release Without Bail Comes First

Rule 6.02 of the Minnesota Rules of Criminal Procedure sets the starting point. A defendant must be released on personal recognizance, meaning a promise to come back to court, or on an unsecured appearance bond, unless the judge decides that release would endanger public safety or would not reasonably make sure the defendant appears in court.

Only when the judge makes that finding do conditions come into play. The rule tells the judge to impose the first condition on its list that will reasonably assure the defendant’s appearance, or a combination if no single condition will do. The list starts with supervision by a person or organization. Next come limits on travel, association or residence, then a bond, cash deposit or other security. Last is any other condition needed to make sure the defendant appears.

The rule’s comments say release conditions should move from the least restrictive to cash bail, money conditions should be used only when nothing else will work and bail should be set at the lowest level needed to ensure the defendant returns.

Why There Are 2 Numbers

When a judge sets conditions of release, the rule also requires the judge to set money bail without other conditions. That is the bail-only option: the defendant can post it with cash or a surety and be released without the other conditions, although every released defendant must still appear at all future court dates.

That is why a typical order has two figures. One is a bail amount the defendant can post and be released with no conditions. The other is release tied to conditions the defendant must follow, such as no contact with a victim, no alcohol or regular check-ins, often with a lower amount or no money at all.

What Judges Consider

Rule 6.02 lists 13 factors a judge must consider in setting conditions of release:

  • the nature and circumstances of the offense charged
  • the weight of the evidence
  • family ties
  • employment
  • financial resources
  • character and mental condition
  • length of residence in the community
  • criminal convictions
  • prior history of appearing in court
  • prior flight to avoid prosecution
  • the victim’s safety
  • any other person’s safety
  • the community’s safety

The judge may order a pre-release investigation of the defendant’s background, usually done by probation services. The report goes to both sides and is not public without a court order. State law requires a pretrial bail evaluation for anyone arrested and held for a crime of violence and for certain other offenses, including some domestic assault, harassment, stalking and order for protection cases.

Crimes Against People and Domestic Cases

Separate statutes add requirements in certain cases. When a person is arrested for a crime against a person, the judge must review the facts of the arrest, and in a crime of violence the prosecutor must present information about the victim’s or the victim’s family’s account. The person must be released on recognizance, on an order to appear or on an unsecured bond unless the judge finds one of three things:

  • release would be inimical to public safety
  • release would create a threat of bodily harm to the arrested person, the victim or someone else
  • release would not reasonably assure the person’s appearance

In domestic abuse, harassment and stalking cases, and in cases involving violations of an order for protection or a domestic abuse no contact order, the judge must decide whether release poses a threat to the alleged victim, a family or household member or public safety, or whether there is a substantial likelihood the person will not appear. Conditions can include orders to stay away from the alleged victim’s home, to have no contact with the alleged victim, not to possess a firearm and not to use alcohol or controlled substances. Under changes that took effect Aug. 1, 2026, prosecutors must describe the allegations behind the order when someone is arrested for violating an order for protection or a domestic abuse no contact order, and the judge’s findings before release should address the person’s history, including prior domestic arrests or convictions and past or pending protective orders. Jail officials deciding whether to release someone on a citation in a domestic abuse, harassment or stalking case must consider that same history.

A judge may also require a defendant charged with a crime against a person to surrender firearms as a condition of release. A 2026 change requires the person to surrender permits to carry and to purchase firearms as well. Surrendered firearms must be returned if the person is acquitted, charges are dismissed or no charges are filed.

Limits on Bail in Smaller Cases

For most misdemeanors and gross misdemeanors, state law caps cash bail at double the highest fine for the offense. Because the maximum fine is $1,000 for a misdemeanor and $3,000 for a gross misdemeanor, that generally means a cap of $2,000 for a misdemeanor and $6,000 for a gross misdemeanor.

Higher caps apply to some offenses. The cap is four times the maximum fine for impaired driving and a few other offenses, including leaving the scene of a crash, six times for fifth-degree assault and malicious punishment of a child, and 10 times for domestic assault and violations of orders for protection and domestic abuse no contact orders. The caps apply only to misdemeanors and gross misdemeanors, not to felonies.

Bail Schedules

In some misdemeanor cases, a person does not have to wait for a judge. The court rules allow a person held on a misdemeanor to be released when bail is posted under the district court’s bail process or schedule. A bail schedule sets a standard amount for a given offense so a person can post it without a hearing. In most cases, a judge sets bail at a hearing.

Some judicial districts and counties use standing orders or schedules before a first appearance, so practice can differ depending on where the case is filed.

Cash Bail and Bail Bonds

Money bail posted with the court belongs to the defendant, even if a relative or friend posted it. The court administrator holds it until the case is over. If the defendant is convicted, the judge may apply the deposit to any fine or restitution and return the balance. Families who post bail should know the money may not come back in full.

A bail bond works differently. Some companies promise to pay the bail on a defendant’s behalf, and that promise is called a bond. The bond agent charges a premium based on the surety’s rate filed with the state, with a minimum of $100, and the premium is not refunded. Bail bond companies must be approved by the judicial branch and registered with the Department of Commerce. If the defendant skips court, the bond can be forfeited.

Violating Release Conditions

A defendant who violates a release condition can be brought back to court by summons or warrant. A peace officer may arrest a released defendant without a warrant if the officer has probable cause to believe a condition was violated and continued release appears to endanger someone’s safety. The defendant is entitled to a hearing, and the judge can revise the conditions, including by raising bail. If the defendant is charged with a new crime while on release, the judge in the first case may review and revise the conditions after notice and a hearing.

How Long Someone Can Wait in Jail

The court must supervise pretrial detention to eliminate unnecessary detention. Jails must send the prosecutor and the court regular reports, at least bi-weekly under the rule, listing people held more than 10 days in felony and gross misdemeanor cases and more than two days in misdemeanor cases.

Speedy trial demands also limit jail time. In a misdemeanor case, a jailed defendant whose demanded trial has not started within 10 days of the not guilty plea must be released on nonmonetary conditions. In felony and gross misdemeanor cases, unless there are exigent circumstances, a defendant must be released on nonmonetary conditions if a demanded trial has not started within 120 days.

After a Conviction

The rules change once a defendant is found guilty. Between conviction and sentencing, the judge may continue or change the release terms or order the defendant held, and the defendant has the burden of showing that the defendant will not flee and is not a danger to others.

Bail in MN CRIME Cases

Published MN CRIME court stories show how these rules play out.

  • Two amounts with named conditions: In an April 2026 Hennepin County criminal vehicular homicide case, bail was set at $350,000 without conditions or $250,000 with conditions that included remote alcohol monitoring and probation supervision.
  • A wide gap: In a February 2026 Sherburne County case involving a stolen vehicle and a series of crashes, bail was set at $40,000 without conditions or $4,000 with conditions.
  • Posting the conditional amount: In a June 2025 Becker County drunk-driving crash case, bail was set at $150,000 without conditions or $60,000 with conditions, and court records showed the defendant posted the $60,000 bond with conditions and was released.
  • Conditions can change: In a January 2026 Hennepin County harassment case, the defendant was first released without bail on conditions, and bail was later reimposed at $30,000 after alleged violations.

This guide explains Minnesota law in general terms and is not legal advice. MN CRIME checked the sources below on Oct. 26, 2026.

Sources

All checked Oct. 26, 2026. Statute pages on the Revisor’s site show the 2025 edition; each was checked for 2026 session law amendments, which are noted where they apply.

  1. Minnesota Constitution, Article I, Sections 5 and 7: excessive bail and the right to bail. https://www.revisor.mn.gov/constitution/
  2. Minnesota Rules of Criminal Procedure, Rule 6, with the official comment: citation release, release conditions, the money bail without other conditions requirement, the 13 factors, pre-release investigation, violations, detention supervision and misdemeanor speedy trial. https://www.revisor.mn.gov/court_rules/cr/id/6/
  3. Minnesota House Research Department, Bail and Pretrial Release in Minnesota, August 2024: death penalty no longer in effect, bail schedules, bail bond premium of up to 10%, nonrefundable premium, registration of bail bond companies, no requirement that bail be affordable and the federal comparison. Secondary source. https://www.house.mn.gov/hrd/pubs/ss/ssbailmn.pdf
  4. 18 U.S.C. § 3142, subsection c, paragraph 2: federal bar on financial conditions that result in pretrial detention. https://www.law.cornell.edu/uscode/text/18/3142
  5. Minn. Stat. § 629.715, Release in Cases Involving Crimes Against Persons; Surrender of Firearms. Subdivision 2 was amended by Laws 2026, chapter 75, section 9, which adds permit surrender; no effective date is stated in that section, so it took effect Aug. 1, 2026 under Minn. Stat. § 645.02. https://www.revisor.mn.gov/statutes/cite/629.715 and https://www.revisor.mn.gov/laws/2026/0/75/
  6. Minn. Stat. § 629.72, Bail in domestic abuse, harassment and order violation cases, as amended by Laws 2026, chapter 97, article 7, sections 8 to 10, effective Aug. 1, 2026 under Minn. Stat. § 645.02. (Recheck Oct. 26: subdivision 2a, electronic monitoring, was also amended by Laws 2026, chapter 97, article 1, section 32; this guide does not rely on that subdivision.) https://www.revisor.mn.gov/statutes/cite/629.72 and https://www.revisor.mn.gov/laws/2026/0/97/
  7. Minn. Stat. § 629.74, Pretrial Bail Evaluation. https://www.revisor.mn.gov/statutes/cite/629.74
  8. Minn. Stat. § 629.471, Maximum Bail on Misdemeanors and Gross Misdemeanors. https://www.revisor.mn.gov/statutes/cite/629.471
  9. Minn. Stat. § 609.02, subdivisions 3 and 4, and Minn. Stat. § 609.0341, subdivision 1: maximum fines of $1,000 for misdemeanors and $3,000 for gross misdemeanors. https://www.revisor.mn.gov/statutes/cite/609.02 and https://www.revisor.mn.gov/statutes/cite/609.0341
  10. Minn. Stat. § 629.53, Providing Release on Bail; Commitment: money bail is the defendant’s property and may be applied to fines or restitution. https://www.revisor.mn.gov/statutes/cite/629.53
  11. Minn. Stat. § 60M.02, Premiums: bail bond premiums at the surety’s filed rate, $100 minimum, no rebates. https://www.revisor.mn.gov/statutes/cite/60M.02
  12. Minnesota Rules of Criminal Procedure, Rule 11.09: felony and gross misdemeanor speedy trial and 120-day release. https://www.revisor.mn.gov/court_rules/cr/id/11/
  13. Minnesota Rules of Criminal Procedure, Rule 27.01: release after conviction and before sentencing. https://www.revisor.mn.gov/court_rules/cr/id/27/
  14. Minn. Stat. § 645.02, Effective Date and Time of Laws: laws without a stated date take effect Aug. 1 after enactment. https://www.revisor.mn.gov/statutes/cite/645.02

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