Bail Definition In Law In Michigan

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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.

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FAQ

Nature of the Crime: PR bonds are more likely to be granted for non-violent offenses or first-time offenses. Serious crimes, such as violent felonies, are less likely to qualify for a PR bond. Criminal History: Defendants with a clean or minimal criminal record are more likely to be considered for a PR bond.

Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.

A motion off bond is a legal process where either the defendant or prosecution in a case can petition the court to modify or rescind the defendant's bail conditions. This can come with either positive or negative consequences for the defendant, depending on the nature of the changes.

If the defendant does not pose a threat to people in the community, they do not have a criminal record, and their crime did not involve violence, they are more likely to get a release on their own recognizance.

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.

A bail bond reference is someone who vouches for the person seeking bail. These references serve as proof that the individual will fulfill their promise to appear in court and will comply with all legal obligations.

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.

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Bail Definition In Law In Michigan