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Domestic Violence Plymouth 35th District Court - Bond Conditions
The Code of Criminal Procedure has provisions governing the availability and setting of bond at arraignment. MCL 765.6b permits the court to release a defendant subject to “conditions reasonably necessary for the protection of 1 or more named persons.” If the court decides to release the defendant subject to protective conditions, the court must make a finding of the need for those conditions and inform the defendant, orally or in writing, of the specific conditions imposed. In addition, the court must advise the defendant that he is subject to arrest without a warrant if he violates any of the conditions imposed. The judge must direct a law enforcement agency in the jurisdiction of the court, in writing, to enter the bond into LEIN. MCL 765.6b(4)
MCL 765.6b(3) permits the court to impose a condition on the defendant that he not purchase or possess a firearm. However, if the court orders the defendant to carry a GPS device as a condition of release the court must impose a condition that the defendant not purchase or possess a firearm.
While one purpose of bail is to ensure that the defendants appear at future proceedings, the statutes and court rules governing pretrial release make clear that one purpose of bond conditions is to protect the public and the victim.
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