Minnesota Bail Options Compared
Cash Bail vs. Surety Bonds in Minnesota
When a Minnesota court sets money bail that can be posted by cash or sureties, families usually face one decision first: deposit the full amount with the court, or use a bail bond.
This guide compares the two side by side — who gets the money, what you sign, what you might get back and what's at risk if court is missed — so you can choose with clear expectations.
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Quick answer
The Short Answer
Cash bail is the full bail amount deposited with the court (or the jail after hours). Under Minnesota Statutes §629.53 (opens an official external site in a new tab), it is the defendant's money and the court decides what happens to it when the case ends. A surety bond is posted by a court-approved bail bond agent for a premium regulated by §60M.02 (opens an official external site in a new tab); the premium pays for the bond and is generally not refunded.
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Guide Contents
Section 01 of 15
Cash Bail vs. Surety Bonds: Key Differences
Cash bail
You deposit the full amount. The court holds it until the case is finally resolved, then returns it to the defendant (or as they direct), applies it to fines or restitution, or forfeits it if court is missed.
Surety bond
A licensed agent and approved surety guarantee the full amount to the court. You pay a premium and sign an agreement; the court doesn't hold your money.
The best choice depends on how much cash is available, how long the case may last and how comfortable you are with a private contract. Our guide to how to post bail covers the practical steps for either option.
Section 02 of 15
What Is Cash Bail?
Cash bail — sometimes called money bail or a cash deposit — is the full amount the court set, paid to the court or an authorized receiving office. Nothing is borrowed and no third-party contract is involved.
Section 629.53 sets the key rules: money bail is the property of the accused even if someone else deposits it; the court administrator keeps it until the final disposition of the case; and when released, it is paid to the accused personally or on their written order. After a conviction, the judge may apply it to a fine or restitution and order the balance paid to the defendant.
Section 03 of 15
What Is a Surety Bail Bond?
A surety bond is a guarantee from an insurance company (the surety), written through a licensed bail bond agent, that the defendant will appear. If the defendant doesn't, the surety may have to pay the bond amount to the court. Under Rule 702 (opens an official external site in a new tab), agents must be approved by the State Court Administrator's Office, and Minnesota's district courts accept appearance-only bonds on Form 702.
In exchange, the family pays a premium and signs the agency's paperwork. Our guide to how bail bonds work explains each document.
The bond covers the defendant's appearance. It does not pay fines, restitution or court costs, and it does not change any release condition the court has ordered. Those remain the defendant's responsibility.
Section 04 of 15
How Minnesota Courts Set Bail
Under Rule 6.02 (opens an official external site in a new tab), release without bail is the starting point. When the court finds bail or conditions are needed, it must also set money bail without other conditions that can be posted "by posting cash or sureties." Orders often list two amounts — one with conditions and one without. See conditional vs. unconditional bail.
In practice, the amount and the options can depend on the charge, the person's history and the stage of the case. Bail set at booking from a schedule may be revisited at the first appearance, and the judge may set different amounts for different cases if the person has more than one. Each case usually needs its own deposit or bond.
If the amount itself seems out of reach, a defense attorney can ask the court to review it — see our bail reduction guide.
Section 05 of 15
How Cash Bail Is Posted
Step 1 of 6
Confirm the amount
Get the current amount for each case from the jail or court.
Step 2 of 6
Ask about payment
Accepted methods and hours vary by court and facility.
Step 3 of 6
Deposit
Pay at court administration during business hours, or with the jail after hours where accepted (Rule 702(d)).
Step 4 of 6
Keep the receipt
The receipt documents the deposit for any later refund.
Step 5 of 6
Release processing
The jail checks holds and completes release.
Step 6 of 6
Track the case
The deposit stays with the court until final disposition.
Section 06 of 15
How Surety Bonds Are Arranged
The agent confirms the bail amount and facility, explains the premium under the surety's filed rate, and reviews the paperwork — typically an application, an indemnity agreement, receipts and, if any premium is unpaid, a promissory note. The agent then files the bond with the court or the jail.
Before signing, confirm the agent is on the court's approved list through the Bail Bond Program (opens an official external site in a new tab). Our posting and release steps show what follows.
Because the agent handles the filing, a family usually doesn't need to go to the court or jail with money. The agent may still ask the defendant to check in, keep contact details current and confirm each court date while the case is open.
Section 07 of 15
Cash Bail vs. Surety Bond Comparison
| Comparison factor | Cash bail | Surety bond |
|---|---|---|
| Who receives funds | The court, or an authorized receiving office such as the jail after hours | The bail bond agency, as the premium |
| Financial arrangement | A deposit governed by §629.53 and court procedures | A premium under §60M.02 plus the agency's written agreements |
| Refund treatment | Subject to the court's disposition: returned, applied to fines or restitution, or forfeited | The premium is generally not refunded once the bond is posted |
| Collateral | Not part of a court cash deposit | May be required by the surety; regulated by §60M.03 |
| Cosigner | Not required by law; anyone may deposit on the defendant's behalf | May be required by the surety, case by case |
| Court obligations | Appear at every date and follow every condition | Appear at every date and follow every condition |
| Forfeiture risk | The court may forfeit the deposit after a missed appearance | The court may forfeit the bond; the surety and anyone who signed an indemnity agreement may face obligations |
Section 09 of 15
Collateral and Cosigner Requirements
Collateral
Some surety bonds require cash or property as security. §60M.03 (opens an official external site in a new tab) requires a signed, numbered receipt, limits what can be taken and requires return within 21 days of written proof of discharge, less amounts owed. See bail bond collateral.
Cosigners
A surety may ask a cosigner (indemnitor) to sign an agreement promising to repay certain losses. Read our guide to cosigner responsibilities and the indemnity agreement section before signing.
If you're the cosigner
- Your obligations come from what you sign.
- You may owe an unpaid premium balance.
- You may owe losses the agreement covers.
- Keep copies of every document.
Section 10 of 15
What Happens If Someone Misses Court?
With either option, a missed appearance can lead to a warrant and to forfeiture. Rule 702 (opens an official external site in a new tab) covers forfeiture of both bonds and cash bail and sets deadlines for reinstatement petitions. With a surety bond, the surety may also look to the indemnity agreement and collateral.
Our missed court guide explains what to do, and our refunds and forfeiture guide covers what happens to the money.
Section 12 of 15
Questions to Ask Before Choosing
- 01
What does the order allow?
Cash, sureties or both — and with or without conditions?
- 02
How much cash is available?
Could the family manage without that money until the case ends?
- 03
How long might it last?
Cash bail stays with the court until final disposition.
- 04
Could money be applied?
After a conviction, cash bail may go to fines or restitution.
- 05
What's the total premium?
Ask for the filed-rate premium, what's due now and any fees in writing.
- 06
Who signs what?
Who will be the cosigner, and what does the agreement cover?
Weighing Cash vs. a Bond?
Call GPS Bail Bonds 24/7, or send a request below. We'll explain the premium and paperwork so you can compare clearly.
For more on costs, see our bail bond costs guide; every guide is in the Resource Center.
Section 13 · FAQs
Cash Bail vs. Surety Bond FAQs
Common questions families ask when choosing how to post bail.
It usually takes less cash upfront, but the premium generally isn't refunded. Cash bail ties up the full amount but may be returned — or applied or forfeited by the court.
Section 14 · Official sources
Official Minnesota Bail Resources
Statutes, rules and court resources referenced in this guide. GPS Bail Bonds is an independent bail bond company and is not affiliated with the Minnesota Judicial Branch or any government agency.
- Official government source · Minnesota Office of the Revisor of StatutesMinnesota Statutes §629.53 — Release on Bail (opens an official external site in a new tab)Cash bail belongs to the accused, is held until the case ends, and may be applied to fines or restitution after a conviction.
- Official government source · Minnesota Office of the Revisor of StatutesMinnesota Statutes Chapter 60M — Bail Bonds (opens an official external site in a new tab)Minnesota's bail bond law: definitions, premiums, collateral, audits, solicitation and other provisions, including §60M.07 on surrender and forfeiture timing.
- Official government source · Minnesota Office of the Revisor of StatutesMinnesota Statutes §60M.02 — Bail Bond Premiums (opens an official external site in a new tab)Filed rates, the $100 minimum premium, amounts due before posting, promissory notes, rebates and payment methods.
- Official government source · Minnesota Office of the Revisor of StatutesMinnesota Statutes §60M.03 — Collateral (opens an official external site in a new tab)Collateral receipts, limits on what can be taken, and the 21-day return rule after a bond is discharged.
- Official government source · Minnesota Office of the Revisor of StatutesMinnesota Rules of Criminal Procedure, Rule 6 (Pretrial Release) (opens an official external site in a new tab)Rule 6.02 sets out release without bail, release conditions, the factors courts consider, and review of conditions. Rule 6.03 covers violations.
- Official government source · Minnesota Office of the Revisor of StatutesMinnesota General Rules of Practice, Rule 702 (Bail) (opens an official external site in a new tab)Approval of bail bond agents and sureties, posting bonds, forfeiture and reinstatement deadlines.
- Official government source · Minnesota Judicial BranchMinnesota Judicial Branch — Bail Bond Program (opens an official external site in a new tab)Explains appearance-only bail bonds, Form 702 and the court's list of approved bail bond agents.
- Official government source · Minnesota Judicial BranchMinnesota Judicial Branch — Criminal Court Forms (opens an official external site in a new tab)Official criminal forms, including the Defendant's Assignment of Bail to a Third Party and Form 702 (Bail Bond for Appearance Only).
This guide is general information, not legal advice. Laws and court procedures can change; check the official source or ask a Minnesota attorney about a specific case. GPS Bail Bonds is an independent bail bond company and is not a government agency.
