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What is bail and what types of bonds can be used?

Michigan residents who are arrested and charged with a crime often have a lot on their mind, and they may find themselves consumed by worry and fear. Although much of a person’s concern is centered on the outcome of the case as a whole, there may be preliminary matters, the outcome of which could affect an accused individual’s short-term day-to-day life.

One of these issues is bail. When an individual is arrested and charged with a felony, that person will be held in jail until bond is posted. Posting a bond essentially says to the court that the defendant will return to court when ordered and will refrain from prohibited behavior. There are four types of bond, and it may be important for Michigan residents to be familiar with them so that they know what options are available to them in the event they are arrested and charged with a felony.

First is the personal recognizance bond, which is essentially just a promise by the defendant to return to court. Second, a cash bond may be ordered, meaning that the defendant must pay the entire bail amount before being released. Third, a court may require a 10 percent bond. Here, a defendant will be released upon paying 10 percent of the bail amount with a promise to return to court, but failing to appear results in the full amount being due. Lastly, a defendant may utilize a surety bond, where a bondsman promises the court that the defendant will return, and the financial risk is put on the bondsman.

Although bail issues deal with a person’s freedom in the short-term, defendants should not neglect to start their criminal defense to fight for their long-term well-being. Those accused of a felony should immediately consider what legal steps they can take to put themselves in a position to possibly obtain an acquittal.

Source: Michigan Courts, “Felony Matters,” accessed on Jan. 8, 2016

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