State v. McMains

SPECIAL TERM OPINION

STONEBURNER, Judge.

This is an expedited appeal from a bail order denying appellant Levi McMains’ motion to set monetary bail without other conditions of pretrial release. Because we conclude the district court erred in refusing to set “money-only” bail, we reverse and remand.

FACTS

Appellant was arrested on March 16, 2001, and charged with gross misdemeanor DWI. The same day, appellant appeared before the district court, which set bail at $3,000 bond or $750 cash, and imposed various nonmonetary conditions of pretrial release, including abstention from alcohol and random…