A Judge can impose conditions of release, or bail, on someone charged with a crime and typically does so at a person’s first court appearance. In imposing a bail amount a Judge considers two factors:
- Flight risk; and
- Danger to public welfare
Conditions may be also attached for pretrial release on misdemeanors and gross misdemeanors unless the maximum cash bail is posted. A judge is required to set an unconditional bail (meaning the person can post a monetary amount without requiring any conditions such as abstaining from alcohol, or some type of monitoring).
The maximum limits for cash bail correspond to the potential maximum fine for the charged offense. The potential maximum fine is $3,000 for a gross misdemeanor and $1,000 for a misdemeanor and the maximum amount of bail is generally set at twice the potential maximum fine. There is no maximum cash bail limit for felony offenses.
For some offenses, including DWI, fleeing the scene of a personal injury accident, and driving after cancellation, the maximum bail is four times the maximum fine. For fifth degree assault and malicious punishment of a child, the maximum bail is six times the potential maximum fine. For offenses falling under the Domestic Abuse Act, such as domestic assault, violating a domestic abuse no contact order or order for protection, the maximum bail is ten times the potential maximum fine.
Conditions must be imposed for bail in impaired driving cases unless the maximum bail is set. While there is no maximum bail limit for a felony-level DWI, the trial court must still set cash bail without conditions. Because the maximum cash bail can be expensive, it is always best to have an attorney fight for a reasonable bail amount. Contact Brandt Kettwick Defense at 763-421-6366 for a free, no obligation consultation.