When someone is arrested, navigating the legal system can be confusing, especially when it comes to bail bonds. If you or a loved one has been arrested in Minnesota, it’s important to know the steps of the bail bond process and how it works. AAA Bail Bonds is here to help you understand what happens from the time of arrest until the case is over.
Arrest and Booking
The bail process starts when a person is arrested. After the arrest, the individual is taken to the local jail for booking. Booking involves recording personal details, taking fingerprints and mug shots, and conducting a background check. It’s important to know your rights—individuals have the right to remain silent and to consult an attorney during this process.
Setting Bail
Once the booking process is complete, the Court will set a bail amount at an arraignment or bail hearing. Bail is a financial guarantee to the Court that the defendant will appear for all mandated court dates. In Minnesota, judges set bail amounts based on factors like the severity of the crime, criminal history, and the likelihood they will return for future court appearances. If bail is posted, the defendant is released from jail while the case proceeds – however, bail can often be set at an amount that is difficult to afford. This is where a company like AAA Bail Bonds becomes an option.
How Do Bail Bonds Work?
The simple answer to this question is that a bail bond is a financial agreement made by a bail bond company (known as the surety), like AAA Bail Bonds, to guarantee the defendant will attend all required court hearings. If the defendant fails to appear for a hearing, the Court will forfeit the bond, and the full bail amount must be paid to the Court. The bond is discharged upon the case being resolved so long as the defendant appears for all their hearings, as required.
The detailed explanation goes more in-depth into the bail bond process. When a defendant – or someone on their behalf – reaches out to a bail bond company like AAA Bail Bonds, the bonding company will determine whether they can guarantee the defendant’s appearance in Court. This responsibility is often supported through a cosigner and sometimes collateral, which is determined based on a risk assessment during the underwriting process. The underwriting process includes gathering detailed information about the defendant and the proposed cosigner(s), including criminal history, job status, and current court obligations, to determine whether a cosigner and/or collateral is needed. Collateral, like cash or property, only covers losses if the defendant breaches the bail bond contract (i.e., failure to appear, forfeiture, etc.).
Once the bond is approved, an agent of AAA Bail Bonds meets with the cosigner for paperwork, collects the non-refundable premium, and then posts the bond. The defendant will then go through the release process. Upon release from custody, the defendant is still responsible for meeting any Court-imposed conditions of release, like drug testing, no contact orders, or supervision. The bail bond ONLY ensures the defendant’s court appearances and NOT release conditions.
After being released on bond, the defendant is under AAA Bail Bonds “custody.” A Bail Bond company can monitor the defendant, help with court reminders, and offer support like legal guidance or treatment referrals. AAA Bail Bonds has many of these types of support listed on the links page of our website.
Court Appearances
After being released on bail, the defendant must attend all scheduled court hearings. In Minnesota, failure to attend court without a valid reason is considered a violation of bail, and this can result in an arrest warrant being issued and the forfeiture of the bail bond. AAA Bail Bonds is then required to either return the defendant to custody or pay the full bail amount to the Court. To prevent financial loss and fulfill this obligation, the bail bond company may contract a bail enforcement agent (commonly known as a “bounty hunter”) to locate and apprehend the defendant.
Case Resolution
Once the case moves through the court process, the case will eventually resolve. This could be a dismissal of charges, a guilty plea, or a trial that results in a verdict. When the court case is concluded, the bond is discharged by the Court. This is an administrative process because the bail bond is a financial guarantee, and no money was paid directly to the Court by the defendant or cosigner. If collateral was collected, it is returned at this time—provided all obligations were met, and no costs were incurred due to forfeiture or enforcement of compliance.
The premium paid to AAA Bail Bonds (set at 10% of the total bail amount in Minnesota) is a non-refundable premium for posting the bond and assuming liability for the defendant’s appearance in Court.
The bail bond process in Minnesota is designed to balance the rights of the accused with the need for public safety. Understanding the steps from arrest to case resolution can help reduce confusion and stress during an already challenging time. If you need assistance with posting bail, AAA Bail Bonds is here to help. We can guide you through the process and ensure that you or your loved one gets out of jail as quickly and smoothly as possible. Contact us 24/7 for more information.
