Hennepin County DWI - Bail (Explained)

Almost without fail, in the State of Minnesota, individuals arrested for (suspected) gross misdemeanor or felony-level DWI offenses often detained in jail, pending a court appearance. Believe it or not, someone who has been arrested, without a warrant, can spend four days or more in jail before he has a court appearance addressing possible conditions of release. 

An experienced Hennepin County DWI Attorney can help get your friend or family member out of jail as soon as possible under the circumstances. If you would like to explore jail release options, call the Rolloff Law Office at (612) 234-1165  for a free consultation. Often, we can get a judge to set bail in situations where no bail has been set.

One thing you need to know is a bail bondsmen often will call an arrestee's home or family members to solicit their business. Before you do that, I would strongly suggest that you (first) speak with an experienced Minnesota Criminal Defense Attorney  before paying because often you can sometimes post bail for less money or can avoid posting bail altogether to secure a person's release.  

Something to Consider

In a warrantless arrest such as the typical DWI case, the prosecution and courts must comply with two rules.  

1. A judicial determination of probable cause to detain the defendant must be made within 48 hours of the arrest. This process should also set bail or conditions of release --- although some defendants will continue to be held without bail. If the court fails to make that decision, the jail must release the defendant without any conditions. 

2. If a judicial determination of probable cause is made within 48 hours of arrest, the defendant nevertheless must appear in court within 36 hours.  (The 36-hour rule does not include the day of arrest, Sunday, and holidays.) So, if someone is arrested at 2:00 a.m. on Saturday, the person would have to appear in court by noon on Tuesday, assuming Monday is not a holiday.  

Types of Offenses

Gross misdemeanor DWI cases, i.e., charges of Second or Third Degree DWI/Test Refusal --- a defendant is entitled to release without any conditions upon posting maximum bail/bond of $12,000. In other offenses, the bail maximum bail amount will vary. 

If maximum bail is set at $12,000, the defendant has the option of posting $12,000 cash with the jail or retaining a bail bondsman to post bond in the amount of $12,000. If a defendant posts $12,000 cash, he or she will be entitled to return of $12,000 minus any fines and court costs upon resolution of the case. If the defendant fails to appear in court as required, the court may revoke the bail and the defendant could forfeit the $12,000. Because most defendants do not have access to $12,000 cash on short notice, most defendants will retain a bail bondsman.  

Bail Bondsman

A bail bondsman fee generally is 10% or less of the bail amount. Thus, if bail is set at $12,000, the defendant or his family member would pay the bail bondsman $1,200 or less to secure release of the defendant. The bail bondsman then will post bond with the court. If the defendant fails to appear in court as required, the bail bondsman will be liable to pay the court $12,000 if the defendant is not brought to court in a timely manner. In that case, the bondsman will attempt to bring the defendant to court, and if unsuccessful, will sue the defendant or the co-signer of the bond for $12,000.    

If a defendant has retained a defense lawyer, the bail bondsman often will agree to post bond for less than 10% due to the lower risk involved.

In felony cases, the bail analysis is more complicated. A defendant usually will have to appear in court where a judge will set bail based on arguments made by the prosecution an experienced Minnesota Criminal Defense Attorney. 

 
If you have questions about jail release, please the Rolloff Law Office at (612) 234-1165

Miranda Rights (Explained)

As an expreined "Miranda Rights" refer to some of the rights that are contained in the 5th amendment to the U.S. Constitution. The Constitution consists of the preamble, seven articles, and then a series of amendments. The preamble is familiar to most people: "We, the people, of the United States of America, in order to form a more perfect union…" 


The first ten amendments to the US Constitution were adopted at the same time, and these first ten amendments are known as The Bill of Rights, because they involve rights that the authors of the Constitution felt were important enough to spell out individually and specifically. These rights are guaranteed to every U.S. citizen against the U.S. government - which acts through police, or any other government agent or agency. 

5 Common Mistakes Police Make in Minnesota DWI Cases

The truth of the matter is cops are human and as such they make mistakes.  The following are common mistakes that law enforcement makes when enforcing the Drunk Driving laws.  If they've occurred in the midst of your case, an experienced Minnesota Criminal Defense Attorney locate them and work to reduce the charges and/or dismiss the State's case against you.

1.

Did the police have a proper suspicion (ie., a good, legal reason) to stop your vehicle? An officer may not stop you on a "hunch" because you looked "suspicious". There has to be some reasonable cause, such as a violation of traffic laws, erratic driving, an accident, or some other good reason.

2.

Did the cops assume that the odor of an alcoholic beverage meant you were intoxicated? Odor of alcohol may be sufficient evidence of consumption.

3.

Did the officer fail to ask pertinent questions about your potential medical problems? Many medical issues imitate clues of intoxication.

4.

Did the officer conduct the field exercises in an unfair manner? These include being aware of, but failing to eliminate, distractions during the field exercises (e.g. loose gravel, surfaces that are not level, environmental issues such as snow, ice, misting, wind blowing, darkness).

5.

Did the police read your rights from the implied consent advisory form just before offering you the test to determine your alcohol concentration?

Protecting your rights in court to defend a Minnesota DWI charge against you is something the Rolloff Law Office can help you with.  I will review with you what you will be facing and ensure that you are treated fairly, including your right to have a private assessment done which could satisfy the requirement.

I am an experienced Minnesota Drunk Driving Attorney and I will defend you and will file an "implied consent" court action  to reinstate your driver's license and, more importantly, get the alcohol notation removed from your driving record.

If you've been arrested for Drunk Driving in Minnesota, you need experience legal representation right away. Call me for a free consultation, and I'll explain exactly what I can do to help you. An arrest is not the same as a conviction! Call today (612) 234-1165.

Minnesota Cash Bail & Bond (Explained)

Maybe it is a good thing you don't have the day-to-day familiarity I have with what goes on inside a courtroom - that is until you need to know to protect yourself or someone you love.  Here is a little lesson on Minnesota Bail and Bonds.  To know more, contact and experienced Minnesota Criminal Defense Attorney.

What is Bail?

Generally speaking, bail is an amount of money paid to the court by a person charged with a crime to insure that he will comply with certain conditions of release - like  returning to court as ordered.  Essentially the idea is that if someone has some "skin in the game" and/or money at stake - that that person will do what the court tells him to do - or run the risk losing that money.

How Much Bail Will I Have to Pay?  

Bail amounts are based on two things: (i.) the likelihood that the offender will show up for any/all future court hearings; and (ii.) matters related to public safety.  If the person arrested is from out of state (or some distance from where the alleged crime took place,) has a history of failing to appear for court hearings in the past, and/or has no permanent address, the court will strongly examine  whether that individual will return for their next hearing - and bail will be set accordingly. If the crime is serious one (ie., crimes of violence and/or large drug crimes) or the person arrested has a pattern of criminal conduct, then the court will often find that there are public safety concerns and set a substantial bail.

The System is Fair, Right?
In theory, what've I've described here sounds fair, no? The problem for the accused is that most bail hearings are conducted with only the government's lawyer and judge there and high bail is often the result.  And, once that big number is out there, it’s hard to change.  Although I have seen bail amounts reduced at subsequent hearings - it's not that easy.  Getting the amount of bail reduced is an uphill battle. If it is at all possible, if you or a friend has been arrested, call an experienced Minnesota Criminal Defense Attorney before the bail hearing.

What’s the Difference between Cash Bail and a Bond?

Once bail has been set, it can be posted in one of two ways: by paying the full amount in cash or by buying a "bail" bond. When cash is posted, that amount is returned to the person charged after the case is done. When a bond is purchased, the person charged buys a bond (for usually about 10% of the bail amount) from a licensed bail bond agent and the amount paid for that bond is not returned.  The purchasing of a bond creates a legal contract between the bond company and the court saying, if the offender does not comply with their conditions of release (like coming back to court) then the bond company has to pay the court the entire bond amount.

What Should You Do?

If you or someone you care about has been arrested or criminally charged, don’t go to court and “test the waters” to see what may or may not happen.  This is not one of those things you want to take lightly. Call the Rolloff Law Office before your first court appearance to ensure that your rights are protected.

Bail - Explained

If you're arrested, taken in to custody - and held in a cell until you get before a judge - odds are you'll be subjected to some conditions of release. Often these can included restrictions on your behavior - such as in the case of a DWI or Drunk Driving arrest - where you could be ordered to abstain from using alcohol.  You might also be ordered to pay some sort of "reasonable" bail.

Why Do I Have to Pay a Bail?

Bail is generally imposed in situations where public safety is implicated or if there's some doubt that the arestee might not return for future court dates. There are also situations where judges must - by law - impose a mandatory bail.

Arrested individuals have a right to a “reasonable” bail. Usually, the judge initially sets it according to a pre-determined county-wide bail schedule. However, a judge can deviate from that schedule. Usually, this is done after examining the facts surrounding the crime charged and the background of a particular party.

For example, a defendant charged with a first time DWI - who has no criminal history and extensive ties to the community such as a family, job, and property ownership - will likely be able to have his bailed reduced to nothing. When bail is reduced to zero, the judge is releasing the the person “on his own recognizance.”

A judge may also deviate from the bail schedule by increasing bail. This is common where a judge finds that an individual has a lengthy criminal history, is a risk to flea the community and not appear for court in the future, or may be likely to harm another person while out on release. When someone is facing a lengthy sentence - like life in prison - bail can even be denied altogether.

What to Do if You're Arrested

When a person is arrested and taken into custody, their most pressing concern is often getting out jail. However, it is often a wise decision to make your first call to a Minnesota Criminal Defense Attorney - first - and the bail bondsman - second. This is because an experienced lawyer will be able to negotiate the possibility of lowering your bail and/or maybe get you released with no bail at all.  Additionally, an attorney, having experience in these matters, will be able to find a reputable bail bondsman on your behalf.

Buying a Bond

When an arestee "makes bail” this means that he has put forward a specified amount of money (to the court) in exchange for being let out of jail - promising to return to court in the future. If and when the case is ultimately resolved, the bail is "exonerated" - and the full amount of money is returned (minus any fines that the court might impose.)  If the arestee fails to appear in court - the bail can be forfeited and as such the money is kept by the court.

Individuals who cannot afford to pay their bail - because the don’t have large amounts of cash just lying around - often will contract with a bondsman to put up the money for them. Generally, a bondsman will charge 10% of the total bail - and require that some sort of collateral is also promised - before doing as much. For example, if the bail is $12,000 (the common amount of bail sought for a 2nd time DWI charge), the arestee must pay to the bondsman $1,200 - plus put up some form of collateral, such as the title to their car or right to other valuable property. If and when the case ultimately resolves itself - and the arestee does not skip out on bail and returns to court as scheduled - he will get his collateral back but the $1,200 he paid to the bondsman stays with him or her.

Your First Best Call

If you or someone you love has recently been arrested and taken into custody, you owe it to yourself to contact an experienced Minnesota Criminal Defense Attorney.