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Friend was arrested over 5months ago and got a bail amount set. How do you get another hearing to reduce/review the past amount

Minneapolis, MN |

I hired a criminal attorney almost 3months ago and he has done nothing but he keeps promising dates for his bail but never comes through with anything! I am confused on the protocol for a bail when my friend has already been sitting 6months in jail on a 2nd degree possession charge!

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Attorney answers 4


The procedure is pretty straight forward. His attorney simply needs to place the matter on calendar for a bail review hearing.


I had a case where my client could not make bail of $50,000 on a crim sex charge. He only income was social security. I made approximately ten motions for bail reduction, or speedy trial in the alternative. Every motion for bail reduction was denied. I was not surprised, but kept bringing them anyway, in part because I believed the prosecution case was weak. Bail was never reduced, but finally a judge took up my cause and yelled at the prosecutor when the prosecutor, yet again, complained that they were "not ready for trial" after six months; and warned that the case wold be dismissed in one week if they were not "ready." (The following week, as if magic, they were "ready.") The moral of the story? It's difficult to get a judfge to reduce the bail amount once set by another judge (though I have been able to do this over the years in some cases). But in criminal defense, it is important to never give up, always keep fighting for Liberty and Justice.


His attorney can file a motion and request a hearing. Although it is up to the judge to decide whether to keep the amount the same or lower it.


In Minnesota, an accused has a constitutional right to a reasonable bail. The amount turns on what will insure the safety of the community and insure appearance at court. A bail hearing was probably already done. The rules of procedure require a change in circumstance to get another hearing. Anthor way og going about this is to bid the bonding companies off against each other to get a bail at 5% rather than the customary 10%. Another aspect is this case is that his Speedy Trial rights have been violated. In such a case, the rules and case law require a non-monetary bail.