Make Payment
Call Today
(952) 913-1421
Call Today
(952) 913-1421

What Happens If I Can’t Make Bail?

If you are arrested, one of the first court proceedings that you will attend is the Bail Hearing. During the Bail Hearing, the judge will determine what bail should be required to permit release pending resolution of the charges.

Bail is supposed to be set at an appropriate level to ensure that a defendant will appear in court when ordered to do so. If a defendant then fails to show up for a court appearance, the court will keep the bail – whether cash, a bond, or property – and issue a warrant for the defendant’s arrest. In many cases, bail also includes certain conditions of release imposed on the defendant, such as the requirement that a suspect obey the law or not contact a witness.

Pursuant to the Eighth Amendment of the U.S. Constitution, bail cannot be unreasonably excessive. In other words, bail should be used as a mechanism to raise money or to punish the defendant. The sole purpose of bail should be to ensure that the defendant does not flee before the criminal case is over. Unfortunately, some judge set bail at unreasonably high amounts in order to keep the defendant in jail until the case is over. Accordingly, it is highly recommended that you have a criminal defense attorney to advocate on your behalf at the Bail Hearing in order to minimize the risk of an inappropriate bail amount.

If you are unable to make bail at the amount required by the court, the first thing you should do is contact a criminal defense lawyer who can advocate on your behalf for a reduction of bail. You can also request to be released on your own recognizance. In order to be released on your own recognizance, the court will generally require you to show strong ties to the community such that it is unlikely that you will flee. Some factors that can weigh in favor of a release on own recognizance are: residing in the community for many years, family members living the community, employment within the community, and little or no prior criminal record.

What Should I Do If I Was Arrested and Can’t Make Bail?

If you are arrested, it is important that you contact a lawyer as soon as possible. Do not make any statements or answer any questions from the police or prosecution without an attorney present. A criminal defense lawyer can help protect your constitutional rights and advocate on your behalf for an affordable bond amount. If you are unable to post bond, a criminal defense lawyer will advise you on your legal options.

The Minneapolis criminal defense lawyers at Keller Criminal Defense Attorneys are available 24 hours a day, seven days a week to advise clients following an arrest. You can contact us at (612) 210-0629 any time, day or night, for criminal defense advice and representation.

Max Keller image
Attorney Max Keller
Max Keller

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Experience: Practicing since 1997
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

Recent Posts

What Is the Exclusionary Rule in a Criminal Case?

So, what is the exclusionary rule, and how does it apply to your case? The exclusionary rule is a court-driven rule that takes effect when evidence in a criminal case is unlawfully obtained. In your case, a court might use the exclusionary rule if the illegally obtained evidence helped the officers get other pieces of evidence they would not have found otherwise.  The secondary evidence subject to the exclusionary rule is referred to as the fruit of the poisonous tree doctrine. The exclusionary rule borrows its reasoning from constitutional rights. So, it applies to criminal cases as a deterrent and remedy rather than a standalone constitutional right.
Police officer interrogating suspect with handcuffs. How to beat a probation violation

What Happens If You Violate Probation in Minnesota?

People who suspect that they have violated probation or are already facing a violation charge might ask, “What happens if you violate probation?” A probation violation in Minneapolis, Minnesota could result in a range of consequences, depending on the type and severity of the violation. Those consequences include reprimand from probation officers, enhanced supervision and stricter conditions, and probation revocation and incarceration.