The issue of bail is gaining attention from the U.S. Department of Justice and the courts. See ABA Journal article . A judge issues bail after a defendant is charged and appears in custody at a bail hearing. The amount of bail will depend on the seriousness of the allegations and the charges. A judge has the discretion on what bail should be. In some cases, there is a mandatory minimum that a judge has to set bail at. For instance, a second degree driving under the influence charge, the monetary unconditional bail is $12,000. A judge also will set a conditional bail, which will have a lower monetary bail with conditions such as random urine testing and alcohol monitoring.
The court systems has been thinking on whether monetary bail is necessary when it causes financial strain on the defendant and their families. It is common that family members will have to sell assets to be able to afford the bail. The ABA journal reported that New Jersey and Kentucky replaced monetary bonds with risk assessments and pretrial supervision. New York has been replacing money bonds with text reminders and counseling. Advocates against money bonds also state that financial bond is not fair or sage because it conditions their freedom on their ability to pay. Other issues with monetary bail is that wealthier people go free even if they are a danger to the public and locking people up who cant pay when they are not a threat. Defendants might also plead guilty to the offense just to get out of custody because they cannot afford bail and in turn gives up their right to have a trial and maintain their innocence.
Other studies have reported that the longer someone remains in pretrial detention, the more likely they are to commit new crimes. The detention can lead the defendants to become more destabilized, which increased the rick of recidivism. Stay tuned for the changes and updates in Minnesota with bail reform.
It important for criminal attorneys to argue about the terms of conditional release. The terms are important and can come back to haunt defendant’s later in the case. Max Keller is a criminal attorney in Minneapolis, MN. He argues about the conditions of release and monetary bail at the bail hearing and if needed, at later appearances in the case. Because Max Keller has been a criminal attorney in Minneapolis, MN for 20 years, he knows how to properly argue about bail and conditional and unconditional release. Keller Law Offices has two criminal attorneys in Minneapolis, MN. Call 952-913-1421 for a free consultation. If your bail is too high for you to pay it, contact our office. The criminal defense lawyers can file a motion for a bail reduction!