McLean County Jail Inmate Bail & Bonds
McLean County bail and bond: Washburn detention center, clerk, and next steps
McLean County runs its own jail, the McLean County Detention Center at 709 6th Avenue in Washburn, under the Sheriff's Office. Use McLean County Inmate Search to confirm that the person is booked and to read the bail amount. The Sheriff's Department phone is 701-462-8103.
Is the person at the McLean County Detention Center?
The detention center at 709 6th Avenue, Washburn, holds adults arrested in McLean County, and it also takes prisoners from other agencies, so a booking can come from a nearby city or county. Search the name with McLean County Inmate Search and call 701-462-8103 for what the search leaves out.
Who is the sheriff and how are deputies reached?
Washburn is home to the Sheriff's Department, 701-462-8103. For a sheriff's name, ask the desk. The county courthouse switchboard, 701-462-8541, serves the building at 712 5th Avenue.
Where do I take bail money in Washburn?
Whatever you pay for bail is meant for the judge who ordered it. Ask the Sheriff's Department at 701-462-8103 whether to pay at the detention center or the clerk's counter at the time of day you arrive. Bring photo ID, the full name and the case number if you have it.
Does the McLean jail hold teenagers?
No. Under state jail standards the detention center must refuse anyone under 18. A young person goes through the juvenile court, so call the clerk at 701-462-8541 for the hearing and the place of detention.
How much is bail on a typical McLean County charge?
The state has no dollar chart, and Administrative Rule 63 names no amounts. A judge sets bail after reading the charge, the evidence, the person's ties to the community and any prior record. The inmate search shows the current figure.
Why was my son kept after being arrested for a fight?
Rule 63 allows a jail to keep someone arrested for a felony, or for a misdemeanor involving bodily injury, abuse, domestic violence or a protection order, until a judge sees the person. The judge then reviews bail under Rule 46. Ask the clerk when the hearing is.
What if the arrest was on the Fort Berthold Reservation?
Part of McLean County lies within Fort Berthold. Tribal court cases are separate from state cases, and the Tex Fox Justice Center in New Town handles people held by the tribal court. It answers at 701-627-5300 on weekdays. Ask the arresting officer which court filed the charge before you pay anything.
Do I need a bondsman?
Not always. The judge may allow a signature bond, an unsecured bond or a deposit. If you choose a surety bond, the agent must be licensed under Century Code chapter 26.1-26.6. The Insurance Department confirms licenses at 701-328-2440.
Can I put up my land?
A surety may pledge property after describing it and filing a declaration of enough assets, and the court must approve the bond. The clerk at 701-462-8541 explains the filing in McLean County.
What does the judge look at to decide?
Rule 46 lists the nature of the offense, the weight of the evidence, family ties, work, money, character, mental health, years in the area, past convictions, court history and danger to others.
What if the person cannot pay within two days?
A person still in custody 48 hours after a release hearing because of inability to meet the conditions may ask the court to review. A lawyer can file that request. The judge may change the conditions at any time.
How does a family get a court-appointed lawyer?
Ask at the first hearing. The Commission on Legal Counsel for Indigent Defense assigns contract lawyers, and its Jamestown office, 701-845-8632, keeps the list for this area.
What happens if the person skips a court date?
The court declares bail forfeited. The clerk sends notice and the surety has 90 days to pay or ask the judge to set the forfeiture aside. A deposit made by a friend goes to the defendant and can cover fines and costs.
How do I avoid bail scams?
Hang up on a caller who wants a gift card. Reach the real offices at 701-462-8103 or 701-462-8541.
McLean County bail contacts
- Jail
- McLean County Detention Center, 709 6th Avenue, Washburn, ND
- Bond instructions
- Detention center bail and bond guide
- Custody lookup
- McLean County Inmate Search
- Sheriff's Department
- 701-462-8103
- Courthouse
- 712 5th Avenue, PO Box 1108, Washburn, ND 58577; 701-462-8541
- Tribal court holding
- Tex Fox Justice Center, 603 1st Street South, New Town, ND 58763; 701-627-5300
- Public defense
- Commission on Legal Counsel for Indigent Defense, 701-845-8632
- Bail agents
- North Dakota Insurance Department, 701-328-2440
Check hours and payment methods by phone before you travel, because they can change. This page does not give legal advice about any case in McLean County.
How do Bail Bonds work at McLean County Jail
The McLean County Sheriff recommends that you might want to use a bail bond agent licensed to do business in McLean 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 McLean 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 McLean 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 McLean County Jail, or the courthouse in McLean County where the offense took place.
Call 701-462-8103 to find out the exact bond (plus other fees) amount, or look it up online by looking up the information on the McLean County inmate locator.
McLean County Jail
Address:
712 5th Ave.
Washburn, ND 58620
Phone:
701-462-8103
Frequently Asked Questions about Bail and Bonds in McLean County
What kind of bonds are accepted in McLean County?
Who can set bail in McLean County?
When is bail set in McLean County North Dakota?
Does McLean County have bail?
Yes, McLean County recognizes most types of bonds.
What kind of bonds are accepted in McLean County?
Bail is available in many forms including a signature bond, cash bail, property bond or surety bond.
Who can set bail in McLean County?
Any judge may set bail.
When is bail set in McLean 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 McLean 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 McLean 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 McLean 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, McLean 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 McLean 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 McLean County have bail?
Yes, McLean County recognizes most types of bonds.
What kind of bonds are accepted in McLean 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 McLean County North Dakota?
Yes, your attorney can also request a bond modification.
In McLean 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 McLean 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 McLean County Jail for more information about the jails in McLean County.
What options are there to pay bail in McLean 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 McLean County Jail for more information about posting bail in McLean 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 McLean 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 McLean 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.