When you're arrested, the first thing on your mind is "when am I getting out of here?" The answer to that question depends on your bail.
The purpose of setting bail is to ensure that the charged party appears at future court dates. Bail will be addressed during your arraignment, and can be addressed at later court appearances.
There are a few different types of bail: personal bond, cash bond, surety bonds and 10% provisions. The court can also deny bond under certain circumstances such as murder, treason, a violent felony, was on probation, parole, or bond for another violent felony or a number of other situations.
Judge's are given a lot of discretion to set bail; it's not uncommon for a court to set an unreasonably high bail, which does not conform with the facts of your case. It is important to be represented by an experienced Michigan defense attorney when your bail is set, because your attorney will be able to address the unique issues of your case.
Your bail will be determined based on a couple of factors, including your criminal history, your record of appearances or non-appearances at past court dates, history of substance abuse, employment status, financial history, ties to the community, the presence of friends and family at your proceedings and numerous other factors. An experienced Michigan defense lawyer will be able to present your unique circumstances, and respond to any concerns of the judge.
It is best to work closely with your attorney on securing proof of employment such as pay stubs or letters from your employer. You should provide your attorney with a list of prescription drugs, which will allow the court to make a possible exception to using these prescribed drugs while on bond. Any information, which will assist the judge in setting your bail should be provided to your attorney.
If the court sets a personal recognizance bond the mandatory conditions are that the Defendant will appear as required, not leave the state without permission of the court, not commit any crime while released, unless the court determines release will not reasonably ensure the appearance of the Defendant or that release will present a danger to the public.
If a Personal Recognizance Release is not appropriate, the court can order any combination of the following conditions: make reports to a court agency or one specified by the court, not to use alcohol or drugs, participate in substance abuse testing or monitoring, participate in treatment programs, may restrict personal association, residence, employment, or travel, surrender driver's license or passport, set curfew limitations, seek employment, continue or begin educational program, remain in custody of a responsible person, not possess a firearm or dangerous weapon, not enter specified premises or areas, not assault, beat, molest, or wound a named person or persons, comply with a no-contact order, satisfy any injunctive order, comply with any other condition including money bail necessary to ensure Defendant's appearance and the safety of the public.
The court may have you post a 10% cash deposit bond, which requires you to pay 10% of the full amount of the bond, which would be $2,000 on a $20,000 bond. If you attend all of your court appearances and don't violate your bond conditions, you get 90% of the money back minus your court costs and fines. If you miss a court appearance or violate your bond conditions you may be liable for the other 90% percent of the bond. If you are found not guilty you will receive all of the money back.
A cash bond will require you to pay the full amount of the bond to gain your release. If you attend all of your court hearings, all the money will be returned minus court costs and fines. Anytime a cash bond is set, you are entitled to what is called a surety bond.
A surety bond allows you to go to a bondsman, for say a $10,000 bond required by the court. The bondsman may keep 10% in exchange for putting up your entire bond. The bondsman may require additional collateral such as real estate or other valuables .
It's important to know that your bond conditions can always be changed by the Court. The Court will monitor your performance on your current bond, and could seek modification. Your attorney or the prosecutor could also make a motion to the Court seeking a change to your bond. It is important to be represented from the very beginning of the process, and have your attorney set proper conditions for your release.
The purpose of setting bail is to ensure that the charged party appears at future court dates. Bail will be addressed during your arraignment, and can be addressed at later court appearances.
There are a few different types of bail: personal bond, cash bond, surety bonds and 10% provisions. The court can also deny bond under certain circumstances such as murder, treason, a violent felony, was on probation, parole, or bond for another violent felony or a number of other situations.
Judge's are given a lot of discretion to set bail; it's not uncommon for a court to set an unreasonably high bail, which does not conform with the facts of your case. It is important to be represented by an experienced Michigan defense attorney when your bail is set, because your attorney will be able to address the unique issues of your case.
Your bail will be determined based on a couple of factors, including your criminal history, your record of appearances or non-appearances at past court dates, history of substance abuse, employment status, financial history, ties to the community, the presence of friends and family at your proceedings and numerous other factors. An experienced Michigan defense lawyer will be able to present your unique circumstances, and respond to any concerns of the judge.
It is best to work closely with your attorney on securing proof of employment such as pay stubs or letters from your employer. You should provide your attorney with a list of prescription drugs, which will allow the court to make a possible exception to using these prescribed drugs while on bond. Any information, which will assist the judge in setting your bail should be provided to your attorney.
If the court sets a personal recognizance bond the mandatory conditions are that the Defendant will appear as required, not leave the state without permission of the court, not commit any crime while released, unless the court determines release will not reasonably ensure the appearance of the Defendant or that release will present a danger to the public.
If a Personal Recognizance Release is not appropriate, the court can order any combination of the following conditions: make reports to a court agency or one specified by the court, not to use alcohol or drugs, participate in substance abuse testing or monitoring, participate in treatment programs, may restrict personal association, residence, employment, or travel, surrender driver's license or passport, set curfew limitations, seek employment, continue or begin educational program, remain in custody of a responsible person, not possess a firearm or dangerous weapon, not enter specified premises or areas, not assault, beat, molest, or wound a named person or persons, comply with a no-contact order, satisfy any injunctive order, comply with any other condition including money bail necessary to ensure Defendant's appearance and the safety of the public.
The court may have you post a 10% cash deposit bond, which requires you to pay 10% of the full amount of the bond, which would be $2,000 on a $20,000 bond. If you attend all of your court appearances and don't violate your bond conditions, you get 90% of the money back minus your court costs and fines. If you miss a court appearance or violate your bond conditions you may be liable for the other 90% percent of the bond. If you are found not guilty you will receive all of the money back.
A cash bond will require you to pay the full amount of the bond to gain your release. If you attend all of your court hearings, all the money will be returned minus court costs and fines. Anytime a cash bond is set, you are entitled to what is called a surety bond.
A surety bond allows you to go to a bondsman, for say a $10,000 bond required by the court. The bondsman may keep 10% in exchange for putting up your entire bond. The bondsman may require additional collateral such as real estate or other valuables .
It's important to know that your bond conditions can always be changed by the Court. The Court will monitor your performance on your current bond, and could seek modification. Your attorney or the prosecutor could also make a motion to the Court seeking a change to your bond. It is important to be represented from the very beginning of the process, and have your attorney set proper conditions for your release.
