Understanding the Criminal Law and Court Process in Michigan

Navigating the criminal justice system can be confusing, especially when it comes to terms like bail and bond. Many people assume they mean the same thing, but technically, they are distinct concepts. Here’s a clear, Michigan-specific explanation of how bail and bonds work, with real examples and insight into the bail process.

What is Bail?

Bail is a legal mechanism allowing a defendant to secure temporary release from jail while awaiting trial. The primary purpose is to ensure the defendant returns for future court appearances while protecting public safety.

In Michigan, most defendants are entitled to pretrial release unless exceptions apply. Courts may deny bail in cases involving serious or violent crimes if the defendant is deemed a flight risk or a danger to the community.

The court sets a bail amount, which must be paid or secured for the defendant’s release. Bail can be paid in cash, through property, or via a third-party bail bondsman. If the defendant complies with all court appearances, the bail amount may be refunded after deducting administrative costs. However, if the defendant fails to appear, the bail can be forfeited, and a warrant may be issued for arrest.

Example:
If a Michigan court sets bail at $10,000, the defendant can pay the full amount to the court or use a bail bondsman to secure release with a smaller upfront fee.

What is a Bond?

While “bail” refers to the monetary amount set by the court, a bond is a contractual guarantee that the defendant will appear in court and comply with bail conditions. Bonds are often provided by a bail bondsman or a surety who promises to pay the full bail amount if the defendant fails to appear.

In Michigan, there are several types of bonds:

1. Cash Bond: The defendant or a family member deposits the full bail amount in cash with the court.
2. Property Bond: Property, like a house or land, is used as collateral for the defendant’s release.
3. Personal Recognizance (PR) Bond: The defendant is released based on their promise to appear in court, often with minimal financial requirement.
4. Surety Bond: A third-party bail bondsman guarantees the full bail amount in exchange for a non-refundable fee, usually 10% of the bail.

Michigan-specific context:

• Courts often allow a 10% cash deposit option, meaning the defendant pays only 10% upfront and the bondsman guarantees the rest.
• Bonds may include conditions of release, such as travel restrictions, curfews, drug testing, or daily check-ins.

How Do Bail Bonds Work?

When a defendant cannot afford the full bail, a bail bondsman can assist. Here’s how the process typically works in Michigan:

1. Hiring a Bail Bondsman:
   If bail is set at $10,000 and the defendant cannot pay in full, a bondsman can post the full amount to the court. In return, the defendant or their family pays the bondsman a non-refundable fee, usually 10% ($1,000 in this example).
2. Collateral:
   Bondsmen often require collateral, like property, vehicles, or other assets, to secure the bond in case the defendant fails to appear.
3. Failure to Appear:
   If the defendant skips court, the bondsman is responsible for paying the full bail amount. Bondsmen may hire bounty hunters to locate and return the defendant to court to avoid forfeiture.
4. Conditions of Release:
   Courts in Michigan may impose conditions such as regular reporting, electronic monitoring, travel restrictions, or drug testing. These conditions help reduce risk and ensure the defendant appears in court.
5. Return or Forfeiture:
   If the defendant complies with all court requirements, the collateral is returned, but the bondsman keeps the non-refundable fee. If the defendant fails to appear, the full bail is forfeited, and the bondsman may seize the collateral.
6. Field sobriety test – DUI arrests from failing a field sobriety test may impact bail.
7. Hit and run – Serious traffic offenses can lead to higher bail or additional conditions.
8. Implied consent – Refusal of DUI testing may affect bond decisions.
9. Suspend indefinitely – Driving privileges may be suspended while awaiting trial.

Michigan-Specific Laws and Procedures

• Michigan law generally guarantees the right to bail, except in specific cases like murder or treason.
• Courts may accept 10% deposit options under Michigan Compiled Law §780.66.
• Bonds can be secured via cash, property, or personal recognizance.
• Bail bondsmen typically charge 10% of the bail, which is non-refundable, regardless of whether the defendant appears in court.
• Courts can impose additional conditions of release to protect public safety and ensure compliance.

Real-Life Examples

1. Minor Offense:
   Ali is charged with a misdemeanor, and bail is set at $5,000. He cannot pay the full amount, so he contacts a bail bondsman. Ali pays $500 (10% fee), and the bondsman posts the full $5,000. Ali complies with all court dates, and the bond is resolved. The bondsman keeps the $500 fee.
2. Serious Case:
   For more serious crimes, bail may be higher, and courts may impose conditions such as travel restrictions, reporting requirements, or curfews. Failure to follow these conditions can result in bond forfeiture and potential arrest.
3. Property Bond Example:
   Leila cannot afford cash bail, so she offers her home as a property bond. If she appears in court as required, her property is safe; if she fails to appear, the court may sell the property to cover the bail.