Common Terms For A Bail Bond In Michigan

December 9, 2021

The laws involving bail bonds in our state can be complicated. Our experience is that most people going through the court process don’t fully understand the terms of their bail bonds. For that reason, we walk hundreds of clients through the process and explain the terms to each. To better understand bail bonds, we will explain it.

Why the court creates a bond

The courts want to ensure that charged persons show up to their trial rather than fleeing during the waiting period of the court date. For that reason, courts set up the terms and conditions of a defendant’s pretrial release. Bonds are the posting of security – primarily always cash – and provide the courts the assurance that the defendant will show up to court because payment is owed to the court if the defendant doesn’t show up or violates any pre-trial conditions set. In other words, post-bonding is a contractual agreement with the court that the defendant will meet all court dates and any court-mandated instructions.

Court considerations when setting bond

Michigan’s law (765.6) states that all persons accused of a crime are entitled to bail unless their criminal offense is considered excessively brutal. When the court determines the bond, the following criteria are considered:

• The seriousness of the crime charged.
• The protection of the public.
• The previous criminal record and the dangerousness of the person accused.
• The probability or improbability of the person accused appears at the cause’s trial.

Based on the court’s findings, a bond is then set for the accused person. There are various bond terms in Michigan, but McCririe Law has found many that stay in place for most. The following section will discuss common bond terms our clients face.

The Bond Terms Usually Set

Bond terms are essential to follow to stay compliant in the eyes of the law. The last thing you want to do is anger a judge! It does not help your case. In Michigan, we find that typical bond terms dictate:

• You cannot leave the state
• You cannot take any drugs or controlled substances
• You cannot consume alcohol
• Random drug testing needs to be completed as required by the courts.

These terms are subject to change in many instances or may include additional terms depending on the case, charges, and the court’s discretion. Again, we strongly suggest that you adhere to the bond terms

Breaking the Conditions of a Bail Bond

If you, as a defendant, choose to break the bond conditions, the judge will have the power to revoke your bond. If that happens, you will be re-arrested, a bench warrant will be issued, and you will stay in jail as your attorney tries to reissue a new bond. Most of the time, judges have leeway in making their own decisions regarding the violation consequences. In some cases, a judge may give you a break and allow you to keep your bond in place. Other times, the judge will revoke your bond on your first offense. If you are fortunate enough to have a reissuing of a bail bond, McCririe Law finds that bond violation results in stricter bail bond conditions and a higher dollar amount.