Michigan Criminal Attorneys Blog
Pretrial Services is a unit of Oakland County Probation which screens individuals and provides reports to Judges and Magistrates in connection with setting bond or bail for criminal cases in Oakland County. Pretrial Services is supposed to provide neutral, non adversarial, accurate reports at initial court hearings and whenever bond conditions are reviewed by the Court.
The person from Pretrial Services assigned to a particular case attempts to interview the Defendant, obtain LEIN (criminal, traffic, PPO) records, and verify any relevant information received. Relevant information includes: employment history, education level, school history, place and length of residence, substance abuse history, mental health issues, criminal history including pending cases, and any examples of the Defendant failing to appear at Court or comply with Court judgments. The information, when possible, is verified by family members, employers, court records, the Secretary of State database, and from other sources.
The report contains a computation of sentence guidelines (if applicable), and a recommendation as to bond or bail. If the Defendant is believed to pose a risk of failing to appear at Court, conditions on the bond are suggested by Pretrial Services. The conditions could include participation in substance abuse testing, substance abuse counseling, AA, NA, refraining from alcohol and/or illicit drugs, surrendering a passport, maintaining employment, tether, no contact provisions, etc. The Judge can order the Defendant to report to Pretrial Services for supervision while on bail or bond. Supervision is assigned to the Pretrial Services Supervision Unit. Violations of any conditions of bail or bond are reported to the Prosecutor’s office and the Court. The Defendant is responsible for the cost of drug testing, alcohol testing, and/or counseling. However, there is no charge for the Pretrial Services report and supervision.
There are Pretrial Services investigators located at the Oakland County Jail, 43rd District Court (Ferndale), 45B District Court (Oak Park), 46th District Court (Southfield), 47th District Court (Farmington Hills), 48th District Court (Bloomfield Hills), 51st District Court (Waterford), 52-1 District Court (Novi), 52-2 District Court (Clarkston), 52-3 District Court (Rochester Hills), and 52-4 District Court (Troy).
Defense counsel can address the bond and bond conditions with the presiding Judge. When an allegation of a violation of a condition of bond is made, Defense counsel will also have an opportunity to challenge the allegation, and the attempt to modify or revoke the bail or bond of the Defendant.
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