A person charged with a criminal offense may be released with or without bail in accordance with rule 6.02 of the Rules of Criminal Procedure. Money bail is the property of the accused, whether deposited by that person or by a third person on the accused's behalf. When money bail is accepted by a judge, that judge shall order it to be deposited with the court administrator. The court administrator shall retain it until the final disposition of the case and the final order of the court disposing of the case. Upon release, the amount released must be paid to the accused personally or upon that person's written order. In case of conviction, the judge may order the money bail deposit to be applied to any fine or restitution imposed on the defendant by the court and, if the fine or restitution is less than the deposit, order the balance to be paid to the defendant. Money bail deposited with the court or any officer of it is exempt from garnishment or levy under attachment or execution.
Notes of Decisions
Cited in
7
cases, 1962–2016 · leading case:
State v. Larson, 374 N.W.2d 329 (Minn. Ct. App. 1985).
State v. Larson, 374 N.W.2d 329 (Minn. Ct. App. 1985).
· cites it 7× “ISSUE Did the trial court err when it summarily appropriated the defendant’s cash bail to reimburse the public defender’s fund? ANALYSIS To justify its summary appropriation the trial court used Minn.Stat. § 629.53 (1984) in conjunction with another statute, Minn.”
State v. Clark, 375 N.W.2d 59 (Minn. Ct. App. 1985).
· cites it 2× “The court applied appellant’s bail to the fine imposed pursuant to Minn.Stat. § 629.53. Appellant’s counsel objected, arguing that his previously filed attorney’s lien gave him a priority interest in the bail.”
State Ex Rel. Hastings v. Bailey, 116 N.W.2d 548 (Minn. 1962).
· cites it 2× “” Section 629.53 provides in part: “When at the close of an examination it shall appear that an offense has been committed, and that there is probable cause to believe the prisoner to be guilty, if the offense be bailable by the magistrate, and the prisoner shall offer…”
State v. Super, 161 N.W.2d 832 (Minn. 1968).
· cites it 4× “” Section 629.53 provides that cash bail may be accepted by a judge of a court of record and that he shall order the same to be deposited with *460 the clerk, where it remains until the final disposition of the case and the further order of the court relative thereto.”
State of Minnesota v. Ryan Roy Becker (Minn. Ct. App. 2016).
· cites it 4× “” Minn. Stat. § 629.53 (2014). Further, a district court is specifically authorized to apply a convicted defendant’s bail deposit towards any restitution obligation.”
State v. Isenberg, 393 N.W.2d 13 (Minn. Ct. App. 1986).
· cites it 2× “Minn.Stat. § 629.53 (1984). The record reveals that the trial court gave due consideration to each motion made by the accused.”
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