How Bail Works in Minnesota

Minnesota's constitution guarantees the right to have bail set. In practice, a judge picks between releasing someone outright, setting conditions, and setting a dollar amount. Here's how each works.

Last reviewed October 31, 2026. This is general information, not legal advice.

The right to bail

Article I, section 7 of the Minnesota Constitution says people are bailable before conviction, and both the state and federal constitutions ban excessive bail. Since Minnesota has no death penalty, every defendant has the right to have bail set. State law then points to the court rules for how release works (Minn. Stat. § 629.53).

A judge's three options

1. Release without conditions, often called release on recognizance (ROR) or personal recognizance (PR or RPR). The court rules make this the starting point unless it would endanger public safety or not assure the person comes back to court.
2. Release with conditions (CR), such as no contact with a victim, drug or alcohol testing, or supervision. If a judge sets conditions, Minnesota also requires a bail-only amount as an alternative.
3. Bail, a dollar amount that gets the person released once it's posted.

What judges weigh

Judges look at a list of factors, including the nature of the charge, the person's ties to the community, their financial resources, and the safety of others. Judges must consider ability to pay, but they don't have to set an amount the person can actually pay.

Bail schedules for lower-level charges

For some misdemeanors, a bail schedule sets the amount ahead of time, so the person can post it without seeing a judge. Under state law, maximum bail for most misdemeanors and gross misdemeanors is twice the highest possible fine, with higher multiples allowed for some offenses like certain DWIs and domestic assaults.

How fast someone sees a judge

• 36 hours: after a warrantless arrest, the person must go before a judge within 36 hours, not counting the day of arrest, Sundays, or legal holidays. A misdemeanor defendant who doesn't get there in time must be released on a citation.
• 48 hours: a judge must find probable cause within 48 hours of a warrantless arrest, with no days excluded. If that doesn't happen, the person must be released.

That's why someone arrested on a Friday night may sit until Monday or Tuesday before a hearing. Check the county jail roster, since many list bail amounts and court dates.

Speedy trial and release

If a defendant in custody demands a speedy trial and it doesn't happen in time, they must be released on non-money conditions: within 10 days for a misdemeanor, or 120 days for a gross misdemeanor or felony, absent exceptional circumstances.

Related guides