North Dakota's rule on how bond works turns on a feature the national template does not capture: North Dakota uses Bail before trial with judicial discretion. Personal recognizance, cash bail, surety bonds, and property bonds as ordered by the court. The controlling authority is N.D. Cent. Code §§ 29-08-01 to 29-08-20. Bail is set at arraignment considering offense severity, record, community ties, and appearance risk.
Key takeaways
- System: Bail before trial with judicial discretion.
- Authority: N.D. Cent. Code §§ 29-08-01 to 29-08-20.
- Release options: Personal recognizance, cash bail, surety bonds, and property bonds as ordered by the court.
- Hearings: Bail is set at arraignment considering offense severity, record, community ties, and appearance risk.
- Missing court: Nonappearance can result in bond forfeiture, bench warrants, and surety liability under North Dakota bail statutes.
Worked example under North Dakota law
The illustration below uses only rules already stated for North Dakota. It is a research hypothetical, not a prediction of what a court will do.
A defendant is booked in North Dakota and wants release before trial.
- Start from the release system: Bail before trial with judicial discretion under N.D. Cent. Code §§ 29-08-01 to 29-08-20.
- Match the charge to the forms of release North Dakota uses: Personal recognizance, cash bail, surety bonds, and property bonds as ordered by the court.
- Prepare for the hearing on these terms: Bail is set at arraignment considering offense severity, record, community ties, and appearance risk.
- If the defendant misses court, the bond consequence is: Nonappearance can result in bond forfeiture, bench warrants, and surety liability under North Dakota bail statutes.
North Dakota bond practice is Bail before trial with judicial discretion, decided under N.D. Cent. Code §§ 29-08-01 to 29-08-20.
Bail and pretrial release in North Dakota
In everyday speech, “bond” and “bail” both describe the financial or non-financial conditions that allow release while a criminal case is pending. Technically, bail is the court’s release decision; a bond is the instrument (cash, surety, or unsecured promise) securing that release. North Dakota’s rules live primarily in N.D. Cent. Code §§ 29-08-01 to 29-08-20.
Types of pretrial release in North Dakota
Personal recognizance, cash bail, surety bonds, and property bonds as ordered by the court.
Common options across North Dakota practice (availability varies by charge):
- Release on recognizance (ROR) — promise to appear; little or no cash.
- Unsecured / signature bond — liability if you fail to appear, without upfront cash.
- Cash bond — full amount deposited with the court.
- Surety bond — a licensed bondsman posts the bond for a non-refundable fee (often ~10%).
- Property bond — real property pledged (where allowed).
- Detention / preventive hold — no release when statutes require or when risk cannot be managed with conditions.
The bail / bond hearing
Bail is set at arraignment considering offense severity, record, community ties, and appearance risk.
Judges typically weigh:
- Seriousness of the charge and potential sentence.
- Criminal history and prior failures to appear.
- Community ties (work, family, length of residence).
- Flight risk and danger to the community or alleged victim.
- Whether non-monetary conditions (GPS, stay-away orders, reporting) can manage the risk.
Defendants can usually move to reduce bond or convert cash to surety/ROR as facts develop.
What happens if someone skips court?
Nonappearance can result in bond forfeiture, bench warrants, and surety liability under North Dakota bail statutes.
A missed appearance can also produce a bench warrant, new charges, and loss of any cash posted. Sureties may hire recovery agents or petition for exoneration after surrendering the defendant.
Practical tips
- Appear at every hearing — bond cannot protect you from a warrant if you skip.
- Ask counsel about bail review motions if the initial amount is unaffordable.
- Do not confuse bond with fines or restitution; bond money (except surety fees) is usually returned after the case ends if you appear as required.
- Research North Dakota opinions on bail and pretrial release in LawDiver before a contested detention hearing.
Case law: bail and bond in North Dakota
STATE of North Dakota, Plaintiff and Appellee v. Rockwell D. SKARSGARD, Defendant and Appellant; City of Burlington
…l to grant his motion for a mistrial, Skarsgard’s excessive bail claim is moot, Skarsgard is not enti- *789 tied to reversal of the convictions based on the conditions of his pretrial incarceration, and the court did not abuse its discretion in sentencing him to one year in prison. We affirm. I [¶ 2] At 2:39 p.m. on September 8, 2005, Burlington Police Chief Phillip K. Crabb re…
On bail / bond, STATE of North Dakota, Plaintiff and Appellee v. Rockwell D. SKARSGARD, Defendant and Appellant; City of Burlington speaks to the North Dakota dispute in this passage: "Skarsgard’s excessive bail claim is moot, Skarsgard is not enti- *789 tied to reversal of the convictions based on the conditions of his pretrial incarceration, and the court did not abuse its discretion in sentencing him to one year in prison. We affirm. I [¶ 2] At 2:39 p.m." The surrounding opinion shows how the court applied that language to the record.
Holkesvig v. Welte
Holkesvig v. Welte, 2012 ND 14 (2012)
…10098 - 20110101 Sandstrom, Justice. [¶1] As a condition of bail, the district court required Anna Hayes to consent to a warrantless search at any time of her person, vehicle, and residence. Concluding the bail condition was invalid under N.D.R.Crim.P. 46(a)(3), we reverse her convictions of four drug-related charges resulting from the bail-condition search. We affirm her convi…
North Dakota opinions such as Holkesvig v. Welte are cited where bail / bond is disputed. The court stated: "Sandstrom, Justice. [¶1] As a condition of bail, the district court required Anna Hayes to consent to a warrantless search at any time of her person, vehicle, and residence. Concluding the bail condition was invalid under N.D.R.Crim.P." That is the language to brief; the rest of the decision supplies the procedural posture.
CITY OF FARGO, Plaintiff and Appellant, v. Sally A. STUTLIEN, Defendant and Appellee; CITY OF FARGO, Plaintiff and
…ody” order violated Johnson’s state constitutional right to bail.1 On September 15, 1992, the district court, the Honorable Norman J. Backes, granted a writ of habeas corpus to temporarily release one of the defendants in this case, Dornheim, a DUI ar-restee who was also scheduled to be detained for twelve hours after arrest. After a subsequent hearing, Judge Backes also conclu…
On bail / bond, CITY OF FARGO, Plaintiff and Appellant, v. Sally A. STUTLIEN, Defendant and Appellee; CITY OF FARGO, Plaintiff and speaks to the North Dakota dispute in this passage: "Johnson’s state constitutional right to bail.1 On September 15, 1992, the district court, the Honorable Norman J." The surrounding opinion shows how the court applied that language to the record.
CITY OF DEVILS LAKE, Plaintiff and Appellee, v. Petranellea CORRIGAN, Defendant and Appellant
…uires persons arrested for DUI to remain in custody without bail until the city judge reviews the case, which is usually the next morning. The judge telephoned the law enforcement center the next morning, and Corrigan was released at 9:30 a.m. on a personal recognizance bond with a promise to appear. Corri-gan entered a conditional guilty plea on July 13,1998. This appeal follo…
North Dakota opinions such as CITY OF DEVILS LAKE, Plaintiff and Appellee, v. Petranellea CORRIGAN, Defendant and Appellant are cited where bail / bond is disputed. The court stated: "DUI to remain in custody without bail until the city judge reviews the case, which is usually the next morning. The judge telephoned the law enforcement center the next morning, and Corrigan was released at 9:30 a.m. on a personal recognizance bond with a promise to appear." That is the language to brief; the rest of the decision supplies the procedural posture.
CITY OF JAMESTOWN, Plaintiff and Appellant, v. Jennifer R. ERDELT, Defendant and Appellee
…ion for detoxification violates her constitutional right to bail. She also argues that the City has illegally replaced the individualized determination of dangerousness required by NDCC 5-01-05.1 with an unlawful mandatory eight-hour detention policy. We agree. II. Erdelt argues that she should have been released on bond to her boyfriend immediately, rather than jailed eight ho…
On bail / bond, CITY OF JAMESTOWN, Plaintiff and Appellant, v. Jennifer R. ERDELT, Defendant and Appellee speaks to the North Dakota dispute in this passage: "She also argues that the City has illegally replaced the individualized determination of dangerousness required by NDCC 5-01-05.1 with an unlawful mandatory eight-hour detention policy. We agree. II." The surrounding opinion shows how the court applied that language to the record.
STATE of North Dakota, Plaintiff and Appellee, v. Earl L. OWENS, Defendant and Appellant
…915) (allowing appeal of an unauthorized forfeiture of cash bail of five hundred dollars). [¶ 11] As in Agricultural Bond ■ Owens deposited something of value with the clerk of court that may have been wrongfully paid out. We hold Owens’ property interest in the five hundred dollars bond, and his possible deprivation of that property constitutes a substantial right. Therefore,…
Practitioners open STATE of North Dakota, Plaintiff and Appellee, v. Earl L. OWENS, Defendant and Appellant when North Dakota bail / bond turns on the distinction in this sentence: "As in Agricultural Bond ■ Owens deposited something of value with the clerk of court that may have been wrongfully paid out. We hold Owens’ property interest in the five hundred dollars bond, and his possible deprivation of that property constitutes a substantial right." Do not lift it out of the facts the court was deciding.
Anna Cook v. State
Anna Cook v. State, 54 N.D. 178 (1926)
…f bootlegging;" and that *Page 180 defendant be admitted to bail in the sum of $1,000. Defendant furnished a bail bond, executed by herself and two sureties. The bond was conditioned: "that the above-named Anna Cook will appear and answer the charge above mentioned in whatever court it may be presented and will at all times hold himself amenable to the orders and process of the…
Practitioners open Anna Cook v. State when North Dakota bail / bond turns on the distinction in this sentence: "Page 180 defendant be admitted to bail in the sum of $1,000. Defendant furnished a bail bond, executed by herself and two sureties." Do not lift it out of the facts the court was deciding.
Frequently asked questions
How does bond work in North Dakota?
North Dakota uses Bail before trial with judicial discretion under N.D. Cent. Code §§ 29-08-01 to 29-08-20. Personal recognizance, cash bail, surety bonds, and property bonds as ordered by the court.
What does a judge look at in a North Dakota bail hearing?
Bail is set at arraignment considering offense severity, record, community ties, and appearance risk.
What if I miss court after posting bond?
Nonappearance can result in bond forfeiture, bench warrants, and surety liability under North Dakota bail statutes.
Is cash bail required in North Dakota?
Not always. Personal recognizance, cash bail, surety bonds, and property bonds as ordered by the court. Confirm the charge and local schedule — reform jurisdictions emphasize non-monetary conditions for many offenses.