Bail After An Arrest
Minn. Stat. 629.471 — on a misdemeanor or gross misdemeanor, cash bail is capped at a multiple of the highest fine
A person charged with a criminal offense may be released with or without bail under the rules of criminal procedure. Money bail belongs to the accused, whoever deposited it. The court administrator holds it until the case is finally disposed of, and then it is paid to the accused personally or on their written order. On a conviction, the judge may apply it to a fine or restitution and order any balance paid back. Money bail on deposit with the court cannot be garnished or levied on.
| Charged with a misdemeanor or gross misdemeanor of | The most cash bail can be |
|---|---|
| Charged with a misdemeanor or gross misdemeanor ofMost offenses | The most cash bail can beDouble the highest cash fine for the offense |
| Charged with a misdemeanor or gross misdemeanor ofDriving while impaired, the duties after a collision, driving after a cancellation as a gross misdemeanor, and bringing stolen goods into the state | The most cash bail can beQuadruple the highest cash fine |
| Charged with a misdemeanor or gross misdemeanor ofAssault in the fifth degree, and malicious punishment of a child | The most cash bail can beSix times the highest cash fine |
| Charged with a misdemeanor or gross misdemeanor ofAn offense under the domestic abuse act, domestic assault, and violating a domestic abuse no contact order | The most cash bail can beTen times the highest cash fine |
These caps do not apply to a felony charge of driving while impaired. And unless the court imposes the release conditions the impaired driving chapter sets, it must impose the maximum bail when releasing a person charged with driving while impaired who has three or more prior impaired driving convictions within the previous ten years.
When a person may be released without bail, and on what conditions, is set by the rules of criminal procedure, which are not covered here.
Sources for this section (2)
- Minn. Stat. 629.53 — Providing release on bail; commitment
- Minn. Stat. 629.471 — Maximum bail on misdemeanors; gross misdemeanors
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.