Judges can’t impose non-monetary conditions when clients post bail for an unconditional pretrial release order (money being the only condition) and clients are entitled to have the option of paying for no conditions. Sounds pretty clear, right? Not always. I’ve had judges and prosecutors improperly try to impose non-monetary conditions such as urine testing, monitoring, and firearm restrictions. However, if the client paid the unconditional bail amount, such non-monetary conditions cannot be enforced nor provide a legitimate basis for a purported violation of a pretrial release order.
Have you been accused of violating conditions of your pretrial release order when you
thought you paid for no conditions? Give us a call at 763-682-1324.
Recently, I had a client served with a motion alleging that she violated her conditions of release for making contact with the alleged victim in a 5th Degree domestic assault case. As it turns out, prior to hiring me, the judge had ordered unconditional release in the amount of $6000 or conditional release in the amount of $2000. My client opted for the unconditional release and paid the $6000. However, the judge had ordered “no contact with the victim” as part of the unconditional pretrial release order and then the prosecutor alleged that my client had had contact with the victim. So, the prosecutor brought a motion alleging the violation and requesting more bail and conditions be set.
What’s the problem? The judge improperly added a condition (ordering no contact) when my client paid $6000 for no conditions and the prosecutor improperly sought to enforce this condition.
The law: “The court must set money bail without other conditions on which the defendant may be released by posting cash or sureties.” Rule of Crim Pro. 6.02, Subd. 1.
Although a court may impose a no-contact condition of release on domestic-abuse defendants, the court is also required to set a “money only” bail at which a defendant can obtain pretrial release without complying with non-monetary conditions (unconditional bail). State v. Campbell, A06-1568,_N.W.2d_ (Minn. App. 2006). Unpublished Opinion.
In my client’s case, we simply educated the prosecutor on the law and he withdrew his motion alleging the violation.
But what about a DANCO (domestic abuse no contact order)? Good question! In my case, the judge never ordered a DANCO in the first place, so it was irrelevant. HOWEVER, a DANCO “may be issued as a pretrial order before final disposition of the underlying criminal case or as a postconviction probationary order” and “A domestic abuse no contact order is independent of any condition of pretrial release or probation imposed on the defendant”. Minn. Stat. 629.75. In my experience, a DANCO is almost always issued in domestic abuse cases. This may seem like an exception to the above law. However, there is an important distinction. A DANCO is a statutory permissible court order that is easily reconciled with the law discussed above. This is an order separate from both an unconditional and a conditional pre-trial release order and it’s authorized by statute. Therefore, clients with a valid DANCO in place should be advised to follow the DANCO order or face criminal penalties (violation of a DANCO ranges from a misdemeanor to a felony crime), regardless of whether they paid for an unconditional pretrial release or conditional pretrial release.
Attorneys: What is your experience and what other statutes have you run into that impose additional requirements by statute (such as a DANCO)?
Potential clients: Have you been accused of violating conditions of your pretrial release order when you thought you paid for no conditions? As you can see, this can be confusing even for judges and attorneys. Give us a call today at 763-682-1324 to gain a clear understanding of your conditions of release and your right to be free from false accusations.
Disclaimer: For advertising and general informative purposes only, this blog(s)/site(s) is not intended to provide legal advice. Content and/or emailing this firm through this blog(s)/site(s) does not create an attorney-client relationship. Visitors to this blog(s)/site(s) should not rely on the blog(s)/site(s) to provide advice for specific legal situations. Please do not provide any confidential or privileged information in any writing to us through our site. Please contact us to schedule a free initial consultation to discuss possible representation in your legal matter.
