Michigan Criminal Attorneys Blog
In State Courts in Michigan when you receive a ticket for a criminal case, are notified that you have a warrant for a criminal charge, or are placed under arrest and taken into custody, the manner in which a bond is obtained may be different. The factors that a Judge or Magistrate considers in Michigan when setting a bond are the same for misdemeanor and felony cases. Generally, a Court will set conditions of pretrial release or detention that addresses two issues: the particular Defendant’s potential to not appear in Court and threat to the public safety. It is supposed to be the least restrictive manner necessary to accomplish these two issues. There are a number of factors that the Court considers that are contained in Michigan Court Rule 6.106.
Bond can be set as a personal bond, in a monetary amount (cash, surety, or 10%), or denied (for murder, treason, or some violent felonies depending upon the circumstances). Bond can also be denied (or cannot be posted, or release will not be allowed) if the Defendant is on parole or has an Immigration Detainer. If bond is allowed or can otherwise be posted, but the monetary amount is too high for the Defendant to post, he or she can try and make arrangements with a bail bondsman. A Judge is free to place conditions on the bond such as drug/alcohol testing, tether, monitoring, curfews, travel restrictions, no contact provisions, etc. Likewise, a bail bondsman may require a tether or monitoring as a condition of posting the bond on behalf of the Defendant. A violation of bond conditions, or of the agreement the Defendant has with the bail bondsman, can lead to incarceration. If bond cannot be posted, the Defendant will remain in custody.
For cash or 10% bonds that a Defendant can post, cash is always accepted. Most Courts also allow for credit/debit card payment (with a service fee), money orders, and cashier’s check. It is always a good idea to check with the Court or jail in advance so you or your family are prepared.