McHenry County Jail Inmate Bail & Bonds
McHenry County bail and bond: Towner court, jails in other counties
McHenry County sends people who must stay in custody to regional jails in other counties, including Rugby and Bottineau. The Sheriff's Department in Towner makes the arrest and the Clerk of District Court in Towner keeps the case file. Look up a name with McHenry County Inmate Search. If the search does not settle where a person is, call the Sheriff's Department at 701-537-5633.
Where is my husband if McHenry County deputies arrested him?
McHenry County has no jail where long stays happen, so the answer is a regional jail. Start with McHenry County Inmate Search. If his name is not there, call the McHenry County Sheriff's Department in Towner at 701-537-5633. Deputies know which regional jail took him.
Which regional jails take McHenry County prisoners?
McHenry County uses regional jails in other counties, among them the Heart of America Correctional and Treatment Center in Rugby and the Bottineau County Correctional Center in Bottineau. Which one holds a given person depends on space and the case, so the Sheriff's Department is the office that can say. The Rugby facility is reached through the Pierce County Sheriff at 701-776-5245, and Bottineau through its Sheriff at 701-228-2740.
Where is the McHenry County courthouse?
It is at 407 South Main Street in Towner. The Clerk of District Court answers at 701-537-5729, and the Sheriff's Department is in the same building, Suite 303 at 407 Main Street South. Court papers, hearing dates and filed bail orders come from the clerk.
How do I pay bail on a McHenry County charge?
Bail goes to the court that set it. Because the person is held in another county, call the clerk at 701-537-5729 first for the case number and the exact amount. Then call the Sheriff's Department at 701-537-5633 to learn which jail has the person and how that jail accepts the payment. Do not wire money to a stranger who says he can speed things up.
What if he is held in Rugby or Bottineau when the courthouse is closed?
The courthouse closes for the night. Whether a jail accepts bail at night is that jail's own rule. Call the jail that holds him, through the Sheriff's number for that county, and ask before you drive. A release still needs court authority.
Does McHenry County have a set price list for charges?
No. North Dakota has no dollar chart for bail, and the statewide Rule 63 release rule contains no amounts. The magistrate picks a figure at the first appearance after weighing the offense, the person's ties and work, and any history of missing court.
Is a deposit smaller than the full bond ever allowed?
Yes. A judge can order a deposit under an appearance bond, and Rule 46 caps that deposit at ten percent of the bond amount. The deposit is returned once the release conditions have been met. Other options include a promise to appear and an unsecured bond.
Who is a legal bail bondsman here?
Anyone who writes bail bonds for a fee must hold a license under N.D.C.C. chapter 26.1-26.6. Call the Insurance Department at 701-328-2440 to check one. Ask for the price, the collateral and the terms for a missed court date in writing, and keep every receipt.
Can a farm or house secure the bond?
Yes, if the judge approves. The owner describes the property and files a declaration of adequate assets. Ask the clerk whether land outside McHenry County counts. The process is slower than cash, so start early.
Why was my sister held without any bail amount?
Rule 63 allows a jail to hold a person arrested for a Class AA, A, B or C felony, for certain injury or domestic violence misdemeanors, or on a warrant that already sets conditions, until a judge sees them. That judge should see the person within 48 hours of arrest where possible. Rule 46 has no list of offenses that block bail.
Can a held person ask for a review?
Yes. If a person is still in custody 48 hours after the release hearing because of an inability to meet the conditions, Rule 46 lets them request a review. A lawyer can also ask for a new hearing, and for good cause a judge may lower or raise bail under N.D.C.C. section 29-08-22.
What if I cannot afford a lawyer?
Ask the judge for appointed counsel at the first appearance. The Commission on Legal Counsel for Indigent Defense contracts with attorneys and takes calls at 701-845-8632. The clerk at 701-537-5729 can tell you who the court names.
What happens if my son, 16, is arrested in McHenry County?
The clerk at 701-537-5729 gives the juvenile hearing date. The Sheriff's Department at 701-537-5633 says where the young person is being kept. Juvenile cases do not show in the adult search.
What does missing court do to the bond?
The court declares the bail forfeited and a warrant follows. A surety hears from the clerk and may pay within 90 days or ask the judge to excuse the forfeiture. Surrendering the defendant or paying the full bond ends the surety's liability.
How and when is the money returned?
Under N.D.C.C. section 29-08-28, cash bail belongs to the defendant even when a family member pays. The clerk holds it until the case ends, and the judge may apply it to fines, costs or restitution first. Jail account deposits for phone calls or snacks are not bail and are not returned this way.
Key contacts for McHenry County bond questions
- Jail
- McHenry County jail information; regional jails in Rugby and Bottineau take McHenry prisoners
- Bond help
- Bail and bond guide for the county
- Custody lookup
- McHenry County Inmate Search
- Sheriff's Department
- 407 Main Street South, Suite 303, Towner, ND 58788; 701-537-5633
- Clerk of court
- McHenry County Courthouse, 407 South Main Street, Towner, ND 58788; 701-537-5729
- Rugby jail
- Pierce County Sheriff, 110 Industrial Drive, Rugby, ND 58368; 701-776-5245
- Bottineau jail
- Bottineau County Correctional Center, 314 5th Street West, Bottineau, ND 58318; Sheriff 701-228-2740
- Public defense
- Commission on Legal Counsel for Indigent Defense, 701-845-8632
- Bail agents
- North Dakota Insurance Department, 701-328-2440
Call the clerk or the jail to confirm your own case before money moves. These are general explanations, not legal advice.
How do Bail Bonds work at McHenry County Jail
The McHenry County Sheriff recommends that you might want to use a bail bond agent licensed to do business in McHenry County.
However if you don't want to use a bail bond agent:
- You can always pay a cash bond yourself, or use your home in McHenry County, or in some cases the state of North Dakota, but the benefit of using a bail bond agent is that they take responsibility for making sure the inmate shows up for court in McHenry County, and if they don't, then they take the financial responsibility.
- The typical fee for a bond in North Dakota is between 10-20% of the bail amount; usually 15% or less. So if an offender has a bail of $10,000.00, their bond will be $1,500.00.
- Pay by cash, cashier's check, money order or credit card at the McHenry County Jail, or the courthouse in McHenry County where the offense took place.
Call 701-537-5633 to find out the exact bond (plus other fees) amount, or look it up online by looking up the information on the McHenry County inmate locator.
McHenry County Jail
Address:
402 1st St. SE
Towner, ND 58788
Phone:
701-537-5633
Frequently Asked Questions about Bail and Bonds in McHenry County
Does McHenry County have bail?
What kind of bonds are accepted in McHenry County?
Who can set bail in McHenry County?
When is bail set in McHenry County North Dakota?
Does McHenry County have bail?
Yes, McHenry County recognizes most types of bonds.
What kind of bonds are accepted in McHenry County?
Bail is available in many forms including a signature bond, cash bail, property bond or surety bond.
Who can set bail in McHenry County?
Any judge may set bail.
When is bail set in McHenry County North Dakota?
Bail will be set during your first appearance, known as a bail hearing. This usually takes place within 24 hours of arrest, except for weekends and holidays.
What is Bail?
Bail is what the arrested in McHenry County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in McHenry County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the McHenry County Jail until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
What is the difference between Bail and Bond?
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, McHenry County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
What are the different types of bonds in McHenry County?
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid.
Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid.
Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value.
A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).
Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.
There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond.
You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The bank charges fees, interest and could keep your property if you did not pay the loan back, or even on time.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Does McHenry County have bail?
Yes, McHenry County recognizes most types of bonds.
What kind of bonds are accepted in McHenry County?
Bail is available in many forms including a signature bond, cash bail, property bond or surety bond.
Who can set bail in North Dakota?
Any judge may set bail.
When is bail set in North Dakota?
Bail will be set during your first appearance, known as a bail hearing. This usually takes place within 24 hours of arrest, except for weekends and holidays.
Can I get the bail or bond reduced in McHenry County North Dakota?
Yes, your attorney can also request a bond modification.
In McHenry County North Dakota, who can pay bail for me?
The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back.
A surety is not responsible for court fees or paying off personal debts for the defendant. A professional bondsperson who is approved by the State of North Dakota could be the surety and execute a bond to the court on your behalf.
Can bail be paid online in McHenry County North Dakota?
Yes, North Dakota does offer online bail payment. Please contact the jail for specific information on how to pay bail: Go to the McHenry County Jail for more information about the jails in McHenry County.
What options are there to pay bail in McHenry County North Dakota?
Most all jail and courts accept cash, a cashier or bankers’ check. Some accept a credit card with fees. Please contact the jail for specific information on what methods of payment are accepted: Go to the McHenry County Jail for more information about posting bail in McHenry County.
Will I get all my bond money back in North Dakota?
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount. If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.
Can I get bail or a bond with no money down in McHenry County?
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
What are the least expensive and affordable bail bonds in North Dakota?
The McHenry County Jail or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.
The percentage of bail that the bond company can charge is set, usually at 10%, by the state and cannot be negotiated.