prescribes the procedures followed when conditions of release are violated. The Rule
Rules of Criminal Procedure
Rule: 6.03
Jurisdiction: MN
Bluebook Citation: Minn. R. Crim. P. 6.03
requires issuing a summons rather than a warrant under circumstances similar to those required under Rule 3.01. Rule 6.03, subd. 3, requires only an informal hearing and does not require a showing of willful default, but leaves it to the court's discretion to determine under all of the circumstances whether to continue or revise the possible release conditions. On finding a violation, the court is not authorized to revoke the defendant's release without setting bail because such action is not permitted under Minnesota Constitution, article I, section 5. The court must continue or revise the release conditions, governed by the considerations set forth in Rule 6.02, subds. 1 and 2. Under those rules, the court may increase the defendant's bail. If the defendant is unable to post the increased bail or to meet alternative conditions of release, the defendant may be kept in custody. There are no provisions similar to Rule 6.03 in existing Minnesota statutory law except Minnesota Statutes, section 629.58, which provides that if a defendant fails to perform the conditions of a recognizance, process must be issued against the persons so bound. Rule 6.03, subds. 1 and 2 take the place of that statute. Minnesota Statutes, section 629.63, providing for surrender of the defendant by the surety on the defendant's bond is not affected by Rule 6.03. To the extent that it is inconsistent with Rule 6.03 and Rule 6.02, subds. 1 and 2, however, Minnesota Statutes, section 629.64, requiring that in the event a defendant is surrendered by such surety money bail must be set, is superseded. As to sanctions for violating Rule 6.06 speedy trial provisions, see State v. Kasper, 411 N.W.2d 182 (Minn. 1987) and State v. Friberg, 435 N.W.2d 509 (Minn. 1989). As to the right to a speedy trial generally, see the comments to Rule 11.09.
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