Define Bail In Law Terms 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

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.

Bail is the process by which any person arrested and detained for an offence is released from custody either on the undertaking of a surety or on his own recognizance to appear on a future date.

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.

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.

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.

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.

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.

More info

Bail is a sum of money a defendant pays to be released from custody to remain in the community while their criminal matter is finalized. Bail is security, usually cash, posted or deposited with a court or jail to secure a defendant's release from custody while a criminal case is pending in court.The amount of bail shall not be excessive. These rules are intended to promote a just determination of every criminal proceeding. They are to be construed to secure simplicity in procedure. Arraignment: This is a hearing in which the Court reads the criminal charges to the defendant, sets bond and schedules the next hearing date. Execution must be awarded and executed upon the judgment in the manner provided for in personal actions. Bail is a mostly refundable amount of money that a defendant pays to be released from jail until the court date. Third, Michigan law allows for bonds that do not require upfront payment. A Personal Bond allows a person to be released from jail with only a promise to pay money if they violate a term of their bond or fail to show up in court.

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Define Bail In Law Terms In Michigan