Bail Amounts in Minnesota

When a person is in custody, he or she can be released on their own recognizance, on conditions (called conditional release) that may include a condition of reduced bail, or on maximum bail. So, the question we often get is – what is the maximum bail? The answer – it depends on the severity level and the type of crime.

For most misdemeanor crimes, the maximum bail is double the highest cash fine ($1,000), which equates to $2,000. The same doubling of the maximum fine applies to gross misdemeanors ($3,000), which would be $6,000. But, as briefly stated above, this amount can change for certain offenses.

Here is a brief list of those offenses and the maximum bail amounts:

  • DWIs – Max bail is quadruple the max fine.
  • Driving after cancellation – inimical to public safety (DAC-IPS) – $12,000
  • 5th Degree Assault – six-times the max fine;
  • Malicious Punishment of a Child – $18,000 if it is a gross misdemeanor charge;
  • DANCO violation – ten-times the max fine; and
  • Domestic Assault – ten-times the max fine.

Just because the statute lists out the maximum fine allowed does not mean the Court must impose this amount. Getting an experienced Minnesota bail attorney to argue why you are not a flight risk or a public safety risk can lead to reduced or no bail being imposed. This is a significant savings that should not be ignored when deciding how to best fight your case from the beginning.


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