Minneapolis, MN asked in Criminal Law for Minnesota

Q: Can someone be asked to take a ua the first court date on a 5th degree posession charge if they weren't arrested for it

If someone receives a summons by mail instead of being arrested for a 5th degree drug charge, could the court order a manditory ua on the first court appearence? Also, would they impose a bail amount as a condition of release if no arrest was made?

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1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Yes. But in Minnesota we have a Constitutional right to pretrial release without conditions other than money bail. Most judges today will set both a "conditional bail" and an "unconditional bail" amount. Some forget to set the unconditional bail, but will upon request. Your defense attorney should be able to help you with this. Or give me a call.

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