The Gopher State has one of the highest unsentenced inmate percentages in the United States. Most jail inmates are simply waiting for their trial dates. They have not been convicted of anything. This situation is not good for a number of reasons, some of which are outlined below.
The high unsentenced inmate population gives Minnesota criminal defense lawyers more options than ever in terms of jail release. Keep reading to learn more about them. In most cases, even if you were charged with a serious felony, there’s no reason to wait for your trial date in an iron cage.
Why Jail Release is Important
Pretrial detention makes it very difficult to successfully resolve criminal cases. In fact, according to many observers, pretrial detention transforms the presumption of innocence into a presumption of guilt.
These individuals understandably want quick trial dates. As a result, a Minnesota criminal defense lawyer might be forced to take shortcuts during the case evaluation and evidence collection processes. Furthermore, many people who are behind bars accept unfavorable plea bargain arrangements just to “get it over with.” Indirect effects, like immigration consequences of a felony conviction, do not get the attention they deserve.
Jail release is also important for personal reasons, and not all these reasons are obvious. For example, incarceration greatly increases stress hormone production. Prolonged exposure to these hormones alters brain chemistry. Have you ever known a person who went to jail and came back as a different person? That’s because their brains are different.
Initial Jail Release
Blue states like Minnesota have rather liberal jail release policies. However, only a Minnesota criminal defense lawyer knows how to take full advantage of them.
If the defendant is charged with a nonviolent offense and has no criminal record, pretrial release might be an option. A review board examines the case, and if the board decides OR (own recognizance) release is appropriate, the board tells the Sherriff to release the defendant without posting any financial security.
Even if they meet the minimum qualifications, not everyone receives OR release. Sometimes, the board thinks that the defendant does not take the charges seriously. If the defendant has already hired a Minnesota criminal defense lawyer, that concern is irrelevant.
Cash bond is almost always an option. Essentially, cash bond is like a rental security deposit. If tenants pay the rent on time and take care of the property, they get most of the deposit back when the lease ends. Likewise, if defendants appear at trial and fulfill other obligations, like staying out of trouble with the law, they get most of the bond back when the case is over.
Bond amount varies, but it’s usually about $750 for a misdemeanor and $2,000 for most felonies. To many families, $2,000 might as well be $2 billion. That’s one reason the unsentenced proportion is so high. Many people simply don’t have the money.
So, a bail bond is usually available as well. A bail bond is like an insurance policy. If the house burns down, the fire insurance company covers the loss. If the defendant does not appear at trial, the bail bond company covers the financial loss. Most bonding companies charges about a 15 percent policy premium.
Frequently, bail bonds come with many, many strings attached. In addition to staying out of trouble with the police, most defendants must report to a bail bond officer and fulfill other conditions. A Minnesota criminal defense lawyer can negotiate with the bonding company and reduce these extra conditions.
Minnesota Criminal Defense Lawyers and Bail Reduction Hearings
Despite an attorney’s best efforts, bail is often either unavailable or unaffordable, at least initially. At the arraignment, which usually occurs about forty-eight hours after arrest, a Minnesota criminal defense lawyer can ask the judge to reduce bail. Some factors in this decision include:
Severity of the offense,
Defendant’s ability to pay,
Amount of evidence against the defendant,
Defendant’s contact with the community (e.g. family and/or job), and
Any threat to the community if the defendant is released.
These matters, and all criminal matters, usually settle out of court. For example, the prosecutor might agree to reduce bail if the defendant agrees to electronic monitoring.
Contact an Experienced Attorney
Prompt jail release does not guarantee a successful result, but it does put the wind at your back. For a free consultation with an experienced Minnesota criminal defense lawyer, contact Carlson & Jones, P.A. Convenient payment plans are available.