Bail and the first court appearance in Minnesota: the 36-hour rule and what happens in the room

The 36-hour rule

"The defendant must be brought before a judge without unnecessary delay, and not more than 36 hours after the arrest, exclusive of the day of arrest, Sundays, and legal holidays, or as soon as a judge is available."

Minn. R. Crim. P. 4.02, subd. 5(1)

Because the day of arrest doesn't count, a Friday-night arrest can mean no judge until Monday or Tuesday. For a misdemeanor, the rule says a defendant who isn't brought before a judge in time must be released on a citation.

What happens at the first appearance

• The judge confirms the charge and tells the defendant their rights.
• The judge sets conditions of release. These can range from release on a promise to appear, to conditions such as no alcohol or no contact with a person, to a bail amount that must be posted before release. For DWI cases, the conditions often reflect the facts of the arrest, including the alcohol concentration and any prior record.
• A public defender may be appointed if the defendant qualifies. A private attorney can appear at this hearing if retained in time — one reason the overnight call matters.

Posting bail

Bail can be posted in full at the jail or the court, or through a licensed bail bond agent, who posts the full amount in exchange for a fee that you do not get back. Before signing with an agent, ask what the fee is, whether collateral is required, and what happens if a court date is missed. Bail bond companies listed in The Blue Pages →

Where to call

The county jail booking desk can usually confirm that someone is being held and when they are scheduled to appear. County jails by county → The court administrator's office can confirm the hearing time and courtroom. Court administrators →