Bond is considered to be the amount of money that is necessary to “bail” the defendant out of jail. Its purpose is to assure the defendant’s future appearance in court. Bond can be set by a predetermined amount based on the charged offense or by a Judge or Magistrate at the defendant’s Arraignment.
The MCR 6.106(f) outlines the factors a Judge or Magistrate considers in determining bond.
The factors are as follows:
- defendant’s prior criminal record, including juvenile offenses
- defendant’s record of appearance or nonappearance at court proceedings or flight to avoid prosecution
- defendant’s history of substance abuse or addiction
- defendant’s mental condition, including character and reputation for dangerousness
- The seriousness of the offense charged, the presence or absence of threats, and the probability of conviction and likely sentence
- defendant’s employment status and history and financial insofar as these factors relate to the ability to post money bail
- The availability of responsible members of the community who would vouch for or monitor the defendant
- Facts indicated the defendant’s ties to the community, including family ties and relationships, and length of residence, and
- Any other facts bearing on the risk of nonappearance or danger to the public
There are four (4) types of bonds commonly used in courts.
- Personal Recognizance Bond:
- This is known as the PR Bond.
- It does not require the defendant or a third party to pay the amount set by the Judge or Magistrate, unless the defendant later fails to appear to court. It only requires the defendant to sign papers with the court.
- The defendant must appear as required, not leave the state without permission of the court, and must not commit any crime while released.
- Ten Percent (10%) Cash Bond:
- The defendant is required to post 10% of the full bond to get out of jail.
- The remaining percentage is due only if the defendant later fails to appear to court.
- Cash Bond:
- Full amount of the bond must be paid in cash before the defendant can get out of jail.
- If the defendant appears at all future court dates, most of the bond amount is returned to the person posting the bond, minus court costs and fines.
- Surety Bond:
- A professional bondsman posts the bond after being paid a non-refundable percentage of the full amount by the defendant.
Once Bail is set, it can be posted at the jail if the defendant is still there or at the court having jurisdiction.
If you have any questions related to your bond please give Aida a call at 248-624-5500 or email her at Aida@ambroselawgroup.com