Bail Definition For Law In Michigan

Category:
State:
Multi-State
Control #:
US-00006DR
Format:
Word; 
Rich Text
Instant download

Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

Free preview
  • Preview Bail Bond Agreement
  • Preview Bail Bond Agreement
  • Preview Bail Bond Agreement

Form popularity

FAQ

Essentially, it is when you break the rules of your bail, whatever they happen to be. Violating a bail bond is a severe offense, and courts will often take extreme action against you.

Determining the Bail Amount in Michigan A bail hearing usually – but not always – occurs within 48 hours of a defendant being charged. When deciding bail, a judge or magistrate will consider factors like: The seriousness and circumstances of the allegations. The defendant's criminal history and risk of reoffending.

While out on bond, you must adhere to all local, state, and federal laws. Even minor infractions, such as traffic violations, can jeopardize your release. If you're arrested for another offense while out on bond, it indicates non-compliance and poses a risk to your current legal standing.

In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.

First, a Personal Recognizance bond is granted by the Court. You would have to be arrested, brought to court and make the request for the PR bond. Note, however, on a probation violation, the Court does not have to grant any bond if you were on straight probation.

WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.

Determining the Bail Amount in Michigan A bail hearing usually – but not always – occurs within 48 hours of a defendant being charged. When deciding bail, a judge or magistrate will consider factors like: The seriousness and circumstances of the allegations. The defendant's criminal history and risk of reoffending.

A judge determines the amount of bail based on factors like the severity of the alleged offense, the likelihood that the defendant will commit additional crimes after being released, and the chances that the defendant will flee the jurisdiction before trial.

Trusted and secure by over 3 million people of the world’s leading companies

Bail Definition For Law In Michigan