Bail Out From Jail Meaning In Michigan

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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

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.

Meanwhile, the courts may find 'good cause' in alignment with PC 1382 to delay the trial. This usually relates to complex cases or the discovery of new evidence. As with most states, California has stay-out-of-jail periods lasting between 90 days and 120 days depending on the circumstances of the case.

Prosecutors usually move cases along more slowly when defendants are not in custody. As a result, witnesses can disappear and cases can get stale, so that bailed-out defendants often wind up with better deals. As defense attorneys like to say, "Justice delayed is justice."

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.

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.

An individual can be released on bail either before or after they've been charged, and the bail can be either unconditional or conditional. If it's conditional, certain restrictions and conditions are put on defendants, such as not being able to contact a complainant or go to a certain location.

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.

The court considers the seriousness of the crime, potential penalty, and criminal history in determining the bond length. If the individual has a history of violating the law, the bond length could extend beyond the usual 90 days.

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Bail Out From Jail Meaning In Michigan