The words “bail” and “bond” are often used as if they mean same thing, but they are slightly different. While both are a way for a person to be released from incarceration while awaiting trial, “bail” is a monetary amount set by a judge that a person must pay, and a “bond” is a promise, usually in the form of money paid by a bond company (sometimes referred to as a “bail bondsman”), who has been hired by a defendant, which also sometimes requires collateral to secure.

While some states do not allow bail to be paid by bond company, Minnesota does. This process typically involves a defendant paying the bond company a certain percentage of the total amount, and then the company pays full amount set by the court on the promise that the defendant will appear at all necessary court appearances (with the idea that the money is returned by the court in full to the bond company once the case is resolved).

For some cases, such as higher level DUIs, there are mandatory bail requirements that judges will automatically impose simply based on the nature of the charges involved.

For more information on how judges set bail, see our post here.

Please contact us with any questions you may have regarding these matters.