Michigan Bail Bond Laws

After an individual has committed a crime, been arrested and detained, a decision must be made as to whether or not bail is an option. This decision is based on the severity of the crime, criminal history and background, as well as other factors. Bail is a refundable amount of money, determined by the judge, which allows the individual to be released from jail until he is scheduled to appear in court. If he fails to appear, he will be sent back to jail. Michigan, like most other states, has specific rules relating to bail bonds.

Bail and Sworn Testimony

Before being released on bail, the individual may be asked for a sworn testimony guaranteeing the bail, known as the surety. This testimony may include financial statements and assessments of the individual's personal property, indicating that he has the money to pay for the bail amount if he fails to appear for trial or if damages or fines exceed what he can reasonably afford to pay. If the bail bondsman does not agree to this or if the financial statements are not sufficient, bail may be denied entirely.

An individual may be granted bail for a number of different types of crimes in Michigan. Misdemeanors, felonies and securities (financial) violations are all eligible for bail; however, the amounts will differ based on the judge and the severity of the crime. Misdemeanors typically have a lower bail amount than a felony, but this is left to the sole discretion of the presiding judge to set the amount of bail he feels is sufficient for the offense. Generally, the individual must provide 10 percent of the bail amount to the bondsman, who guarantees the full amount of the bail based on the surety.

The entire amount of the bail is forfeited if the individual commits another offense within one year, fails to show up for any scheduled court hearings or trials, or cannot repay fines or fees the court determines he owes as a result of the commission of the crime. A forfeiture will typically result in jail time. Bail is a privilege, allowing the individual to conduct his day to day activities outside of prison until the case is presented. Those who do not take it seriously will be incarcerated, and the privilege will be lost.