Can’t Afford Bail? Your Options in Minnesota

If you can’t afford the full bail amount, you still have several ways to get someone out of jail. The most common is a surety bond: you pay a fraction of the bail to a licensed bail agent, who posts the rest with the court. Others include asking the judge to lower bail, asking for release without money, or paying the bond fee in installments. This guide explains each route in plain terms, what it costs, and what you take on when you sign.
TL;DR
- Minnesota lets a bail bond agent charge up to 10 percent of the bail amount as a non-refundable premium, so you don’t need the full bail in cash (Minnesota House Research).
- If even the premium is out of reach, ask about a payment plan, ask the defense attorney to seek a bail reduction, or ask whether release without cash is possible.
- If bail isn’t posted, the person generally stays in jail while the case moves forward, and that can cost them a job and income.
- A co-signer is financially responsible if the defendant misses court, so understand the obligations before anyone signs.
- You can call us 24/7 and we will explain the options and the paperwork before you commit to anything.
Table of Contents
- What happens when bail isn’t paid
- How Minnesota bail works in brief
- Option 1: Use a bail bond
- Option 2: Spread the premium over time
- Option 3: Ask the court to lower bail
- Option 4: Ask about release without cash
- Option 5: Collateral and help from family
- What a co-signer takes on
- Comparing your options
- Our perspective
- Getting started with us
- What to do in the first hours
- FAQ
- Sources
What happens when bail isn’t paid
When bail is set and nobody posts it, the person stays in custody. Massachusetts’ official court guidance puts it simply: if you can’t raise cash bail, you remain in the county jail until you post it or reach the next court date, and you may ask the court to reconsider (Mass.gov). Minnesota works on the same basic logic, though the specific rules are the state’s own.
The cost of waiting is real. University of Washington law faculty note that a person who can’t afford bail is held until and during trial, which can mean losing a job and livelihood even if they are later found innocent (UW Law). For a family, that often means missed rent, lost shifts, and children asking where a parent is.
The good news: bail isn’t a one-time window. You can post it at any point while the case is open. So if you can’t raise the money today, the situation can still change tomorrow.

How Minnesota bail works in brief
After an arrest, a judge sets conditions of release at a hearing. Those conditions may include a bail amount, and for many charges the court may offer a choice between cash bail and a bond. Minnesota’s Bill of Rights guarantees the right to bail by sufficient sureties for most offenses, and both the federal and state constitutions bar excessive bail (Minnesota House Research, August 2024).
For most misdemeanors and gross misdemeanors, state law caps the maximum bail at twice the highest fine for the offense, according to the same publication. That cap matters: on lower-level charges the amount you face may be much smaller than families fear.
The amount can change. Bail set at a first hearing isn’t always the amount that stays in place, which is why the options below are worth knowing before you spend anything.

Option 1: Use a bail bond
A surety bond is the route most families use. Instead of paying the full bail in cash, you pay a premium to a licensed bail agent, and the agent guarantees the full amount to the court.
In Minnesota, the agent may charge up to 10 percent of the bail amount, and that premium is not refundable (Minnesota House Research). Our surety bond premium starts from $100. The actual figure depends on the bail amount and the case, and we go through it with you on the phone before anything is signed.
A quick example using that 10 percent ceiling: on $5,000 bail, the premium would be at most $500. On $50,000, at most $5,000. That is why a bond turns an impossible number into a manageable one for many households.
Bond type depends on the charge, so start with the page that matches the situation:
- Misdemeanor bail bonds
- DWI bail bonds
- Felony bail bonds
- Domestic assault bail bonds
- Drug charge bail bonds
- Assault bail bonds
- Probation violation bail bonds
If it’s the middle of the night and you don’t know where to start, our guide to getting a bondsman at any hour walks through what to have ready.
Option 2: Spread the premium over time
The premium is the part most people get stuck on. Many bail agents let you pay a down payment now and the rest in installments. We offer bail bond payment plans, and we explain the structure up front: how much is due at signing, what the schedule looks like, and who is responsible for each payment.
A plan works best when you have some money available but not the whole premium. Before you agree to any schedule, ask these questions:
- What is due today, and what is due on each later date?
- Who pays, and who is named on the agreement?
- What happens if a payment is late?
- What collateral, if any, is required?
Pick a schedule you can keep. Steady payments protect the person who is out and the person who signed for them.
Option 3: Ask the court to lower bail
If bail is set at an amount your family truly can’t meet, the defense attorney can ask the judge to reconsider. The Colorado State Public Defender explains that you can request reduced bail at future court dates, and a judge may agree in exchange for other conditions that help guarantee you return to court (Colorado State Public Defender). South Carolina’s official guidance likewise says a person who can’t pay may hire private counsel or apply for a public defender and ask counsel to seek reconsideration of the bond (Charleston County Criminal Justice Coordinating Council). Procedures differ by state, so Minnesota families should ask their attorney how it works in the specific county.
What helps a request succeed is a clear picture of the person’s ties and finances:
- Steady employment and how long they have held the job
- Family responsibilities, such as children or a dependent parent
- Length of residence in the community
- Documents showing the current amount is out of reach
Gather these before the hearing and hand them to the attorney. A reduction request and a bond aren’t mutually exclusive: many families arrange a bond while the attorney continues to work on the amount.
Option 4: Ask about release without cash
Some defendants can be released on their own recognizance, meaning a written promise to appear at every court date. The San Francisco Sheriff’s Department describes this as release at no cost, and notes courts may add conditions such as electronic monitoring or case management (San Francisco Sheriff’s Department). The judge decides, usually weighing the charge, the person’s record and their community ties.
This isn’t available in every case, and it isn’t something a family can arrange on its own. The practical step is to ask the defense attorney, at or before the first hearing, whether release on conditions without money is realistic. If the answer is no, a bond is the fallback.
Option 5: Collateral and help from family
Sometimes the premium is within reach but the agent wants security for the full bail amount. Collateral can be property, a vehicle title, or cash. A co-signer, sometimes called an indemnitor, can also stand behind the bond. We explain both clearly before you commit.
Some communities also have nonprofit bail funds that pay bail for people who qualify. Availability depends on the place and the person, so ask the defense attorney or the jail’s release staff what exists locally.
What a co-signer takes on
This is the part families often learn too late, so here it is up front. A co-signer is responsible for making sure the defendant comes to every court date. If the defendant doesn’t appear and the bond is forfeited, the agent can look to the co-signer and any collateral for the amount owed.
Before you sign, be sure you can answer yes to these:
- I trust this person to make every court date.
- I know how to reach them, and I’ll remind them of hearings.
- I understand what collateral I’m putting forward.
- I have read the payment schedule and can keep it.
Defendants who are reminded of court dates and have transportation tend to show up. Write the dates on a calendar and set phone alerts the day you sign.
Comparing your options
| Route | What you pay up front | Who decides | Best when |
|---|---|---|---|
| Bail bond | Premium, up to 10% of bail in Minnesota | You and the bail agent | You can raise the premium or a down payment |
| Payment plan on the premium | A down payment, then installments | You and the bail agent | You have some money but not all of it today |
| Bail reduction | Nothing to file, attorney needed | Judge | The amount is far beyond the household’s means |
| Release on own recognizance | Nothing | Judge | Lower-level charge, strong local ties |
| Nonprofit bail fund | Nothing, if accepted | The fund | A local fund exists and the person qualifies |
These routes combine well. A common sequence: arrange a bond now so the person comes home, and let the attorney keep working on the case.
Our perspective
When a family calls us, the first thing we hear is a number, and the number sounds impossible. Most of the time the real figure is smaller, because you don’t pay the bail itself. You pay a premium, and we can talk through how that premium can be structured.
We have spent more than 40 years helping Minnesota families through this, and our approach hasn’t changed: explain everything before anyone signs. That means the bond options, the payment structure and what a co-signer is agreeing to. Families make better decisions when nothing is hidden.
We also know a night in jail isn’t just a night. Work, childcare and the stress of not knowing add up quickly, so we answer 24/7 across the state and help with the jail side too, from locating the inmate to understanding how release works at that facility.
Blog
Getting started with us
If you have decided a bond is the right move, we can help you get it done. We work 24/7 across Minnesota, help locate the person in custody, explain the bond and the co-signer’s role, and set up a payment structure that fits your situation. Our surety bond premium starts from $100, and we confirm the actual figure for your case before you commit.

Start at our Minnesota bail bonds page and call us. Have the person’s full name, date of birth and the jail they are in. If you know the charge and bail amount, even better, but we can help you find them if you don’t. For county-specific details, see our guides for Anoka County, Stearns County and Isanti County jails, or our Wright County bail bonds page.
What to do in the first hours
- Find out where the person is held and what the bail is. The jail or our team can help with this.
- Ask whether a bond is allowed on the charge. Some charges carry specific conditions.
- Decide who can co-sign. Someone with steady income and a stable address is usually the most practical.
- Pick a payment structure you can keep. A smaller down payment is only helpful if the schedule is realistic.
- Contact the defense attorney. Ask about a bail reduction or conditions of release while the bond is arranged.
- Plan for every court date. Rides, reminders and time off work should be sorted from day one.
If you have a warrant or a missed court date in the picture, tell us at the start. We handle warrant, failure-to-appear and probation violation situations, and the earlier we know, the cleaner the plan.
FAQ
How much do I have to pay to get someone out on bail in Minnesota?
With a bail bond, you pay a non-refundable premium rather than the whole bail. Minnesota allows a bail agent to charge up to 10 percent of the bail amount (Minnesota House Research). Our premium starts from $100, and we confirm the exact amount for your case.
Can I pay the bond fee in installments?
Yes, we offer bail bond payment plans. You make a down payment and then pay the rest on a schedule we explain before you sign. Ask what happens if a payment is late so the plan stays workable.
Can bail be lowered if my family can’t afford it?
Often the defense attorney can ask the judge to reconsider the amount, and judges may consider the person’s finances, job and family ties (Colorado State Public Defender). Rules vary by state, so ask the attorney how it works in your county. Many families arrange a bond while that request is pending.
What happens if the person stays in jail?
They generally remain in custody while the case proceeds, which can mean lost work and income (UW Law). Bail can be posted at any time, so the person can come home as soon as the money or bond is in place.
Sources
- Bail and Pretrial Release in Minnesota, Minnesota House Research (August 2024)
- The bail process: Arrest to arraignment, Mass.gov
- Bail and Pretrial Release, Colorado State Public Defender
- Release on your own recognizance, San Francisco Sheriff’s Department
- Quick Facts on Bonds in South Carolina, Charleston County CJCC






