Mercer County Jail Inmate Bail & Bonds
Mercer County bail and bond: the jail on Van Slyck Avenue in Stanton
Adults arrested in Mercer County are booked into the Mercer County Jail, 410 Van Slyck Ave. in Stanton, a 52-bed jail watched around the clock. Use Mercer County Inmate Search to see whether the person is in custody and what the bail is. For anything the search leaves out, the Sheriff's Office and dispatch answer at 701-745-3333.
Which jail has my relative, Stanton or Washburn?
Look the name up in Mercer County Inmate Search first. The Mercer County Jail in Stanton is the main place for people arrested in this county, and it is a 52-bed building watched around the clock. Some Mercer County prisoners are also placed in the McLean County Detention Center, 709 6th Ave., Washburn, ND 58577.
If the record does not settle it, the Sheriff's Office at 701-745-3333 will say which building has the person.
Where is the Mercer County Jail?
The Mercer County Jail is on Van Slyck Avenue in Stanton, the county seat. The street address is 410 Van Slyck Ave., Stanton, ND 58571, the same address as the courthouse and the Sheriff's Office. Mail for the Sheriff goes to PO Box 39, Stanton, ND 58571.
Can I reach someone after the courthouse closes?
Yes. The courthouse is open from 8 a.m. to 4 p.m., Monday through Friday, but the jail is monitored 24 hours a day, 365 days a year, and the dispatch center that takes the Sheriff's Office calls is staffed all day and night. Dial 701-745-3333 for a non-emergency question at any hour.
How do I pay bail for someone held in Stanton?
Call 701-745-3333 and tell dispatch the person's full name and the charge. The staff on duty will say whether the money is taken at the jail or through the clerk, and which court the payment belongs to. Bail follows the court that set it, not the building where the person sleeps.
Bring photo ID and ask for a written receipt that lists the case number.
Does the county take a card?
Ask when you call. Payment methods are set by the court and the jail, and the Sheriff's Office at 701-745-3333 can tell you what is taken before you leave home. For a bond from a licensed company, the company handles the payment.
Who decides the bail amount in Mercer County?
A judge, at the first appearance. North Dakota Rule 46 asks the judge to consider release on a promise to appear or an unsecured bond first, and to set a bond with money or a surety only if the lesser options will not bring the person back.
The judge looks at the charge, the evidence, ties to the community, work, money, record and risk to the public. No offense has a dollar figure fixed in the rule.
Should I expect to see a judge the same day?
Not always. An officer must bring the person before a judge without unnecessary delay, and the Supreme Court's Rule 63 sets a goal of 48 hours after arrest. Arrests near a weekend usually wait for the next court day. In the meantime a person who qualifies under the pre-hearing rules may be released on a promise to appear.
Why can my husband not be released yet?
A person arrested for a felony in the top four classes (AA, A, B or C), for certain violence-related misdemeanors, or on a warrant that already sets conditions may be held until a judge sees him. That decision belongs to the court at the first appearance.
Rule 46 does not name crimes that are never bailable, so the hold ends when the judge rules.
Which courthouse handles the case?
Mercer County cases are heard at the courthouse at 410 Van Slyck Ave., Stanton. The Clerk of District Court answers at 701-745-3262. Give the case number or the full name and birth date when you call about hearings, payments or release papers.
How do bail agents work in North Dakota?
A licensed agent posts a surety bond for a fee and answers to the court if the person misses a date. Agents are licensed under Century Code chapter 26.1-26.6, and the Insurance Department at 701-328-2440 confirms licenses. Written terms and receipts protect you.
Can my family use a farm or a house?
Property can back a bond, but the surety has to describe it and file a declaration of adequate assets, and the court must approve the bond. The surety also names the clerk as the person who receives papers for them.
Because the court approves the bond, call 701-745-3262 before you pull a deed or title papers.
What if the person arrested is a teenager?
A minor's case belongs to juvenile court and stays off the adult search. The Sheriff's Office at 701-745-3333 can say where a juvenile in custody is placed, and the Clerk of District Court at 701-745-3262 sets the hearing.
Is there a free lawyer for people without money?
Yes, when a judge finds the person qualifies. The Commission on Legal Counsel for Indigent Defense appoints the lawyer, and its office line is 701-845-8632. Raise the request at the first hearing.
What happens if bail is posted and the person misses court?
The judge must forfeit the bail. After the clerk's notice, the surety has 90 days to pay or to move to set the forfeiture aside, and the court may excuse the payment in whole or in part. A surety that never pays loses the ability to write bonds. Contact the lawyer and the agent immediately.
Can I get the money back?
Cash bail belongs to the defendant under Century Code 29-08-28, even if a relative paid it. The clerk holds it until the case is finished, and the judge may apply it to fines, costs and restitution before returning the remainder. It cannot be garnished.
Ask the clerk at 701-745-3262 how to request the refund.
Mercer County bail contacts
- Jail
- Mercer County Jail, 410 Van Slyck Ave., Stanton, ND 58571
- Custody lookup
- Mercer County Inmate Search
- Bail and bond
- Mercer County bond instructions
- Sheriff's Office
- 410 Van Slyck Ave., Stanton; PO Box 39; 701-745-3333
- Clerk of District Court
- Courthouse, 410 Van Slyck Ave., Stanton; 701-745-3262; courthouse hours 8 a.m. to 4 p.m. Monday to Friday
- Washburn jail
- McLean County Detention Center, 709 6th Ave., Washburn, ND 58577
- Public defense
- Commission on Legal Counsel for Indigent Defense, 701-845-8632
- Bail agents
- North Dakota Insurance Department, 701-328-2440
Payment methods and hours can change, so confirm with the Sheriff's Office before you bring money. This is a plain-language guide and does not replace advice from a lawyer.
How do Bail Bonds work at Mercer County Jail
The Mercer County Sheriff recommends that you might want to use a bail bond agent licensed to do business in Mercer 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 Mercer 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 Mercer 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 Mercer County Jail, or the courthouse in Mercer County where the offense took place.
Call 701-745-3333 to find out the exact bond (plus other fees) amount, or look it up online by looking up the information on the Mercer County inmate locator.
Mercer County Jail
Address:
1021 Arthur St.
Stanton, ND 58571
Phone:
701-745-3333
Frequently Asked Questions about Bail and Bonds in Mercer County
What kind of bonds are accepted in Mercer County?
Who can set bail in Mercer County?
When is bail set in Mercer County North Dakota?
Does Mercer County have bail?
Yes, Mercer County recognizes most types of bonds.
What kind of bonds are accepted in Mercer County?
Bail is available in many forms including a signature bond, cash bail, property bond or surety bond.
Who can set bail in Mercer County?
Any judge may set bail.
When is bail set in Mercer 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 Mercer 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 Mercer 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 Mercer 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, Mercer 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 Mercer 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 Mercer County have bail?
Yes, Mercer County recognizes most types of bonds.
What kind of bonds are accepted in Mercer 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 Mercer County North Dakota?
Yes, your attorney can also request a bond modification.
In Mercer 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 Mercer 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 Mercer County Jail for more information about the jails in Mercer County.
What options are there to pay bail in Mercer 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 Mercer County Jail for more information about posting bail in Mercer 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 Mercer 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 Mercer 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.