If you’re reading this, you might have been arrested, or someone you know is in police custody. When you’re sitting in jail, the first thing on your mind is how to get out. This is usually accomplished by posting bail. Bail is an insurance bond that guarantees you will appear for future court hearings and at trial. If you fail to appear for a court date, you forfeit the bond money. Most crimes are bondable. The amount of money needed to post bail will vary by the nature of the offense. The judge sets the bond amount, often from an established bail schedule.
Here are five things you should know about how to post bail in Michigan.
If you were arrested in Michigan, there are five ways to post bail and get out of jail.
PR Bond: An attorney can often help get you released on personal recognizance. Instead of posting bail, you sign a document promising to appear at all court hearings. You may qualify for a PR bond if you do not have a criminal record and were arrested for a non-violent crime.
Cash Bond: With a cash bond, you or a co-signer put up the entire bail amount in cash. This type of bond is generally used for misdemeanor crimes where the bond amount is less than $5,000. If you appear at all scheduled court hearings, the cash is returned at the end of the case, less court fees and other court costs.
Ten Percent Cash Deposit: With a ten percent bond, you place a cash deposit of 10% of the total bail amount with the county. You forfeit the money if you fail to appear in court. If you are found not guilty or your case is dismissed, 90% of the money will be returned, less any fines or court costs.
Surety Bond: If you cannot afford the entire bail amount, you may consider working with a bail bond agent. You pay 10% o the bail amount, and the bail bond agent guarantees the remainder.
Property Bond: For serious crimes where the bond amount is very high, many defendants cannot afford even 10% of the bail amount. If you can put up your home or another significant piece of property as collateral, the court will place a lien on the property. The county can force a sale if you fail to appear for a scheduled court hearing.
If your attorney can arrange to have you released on your own recognizance, that is often the best option. When deciding whether to release a defendant on personal recognizance, the court will consider factors such as:
If you cannot be released on your own recognizance, you must consider one of the other bail options. Once you pay the bond amount, you will be released from jail within a few hours.
Depending on the crime, your bail amount will be set by a schedule or at the judge’s discretion. Regardless of the specific bail amount, you will usually be required to forfeit at least 10% of the bail amount plus court costs and fees.
The Ten Percent Cash Deposit is the only option with no cost to post bail.
Once you post bail, it usually takes a few hours to be processed out of jail. If you do not have someone available to pick you up from jail, you will be allowed to make a phone call to arrange transportation.
If you miss a court hearing, the court will issue a warrant for your arrest, and you will be required to pay the entire bond amount. If you worked with a bail bond agent, they will hire a bounty hunter to bring you back to court. Once you are taken into police custody, the court will not allow you to post bail, and you will be required to stay in jail until your court case is concluded.
Elmen Legal represents people accused of crimes in and around Ann Arbor and throughout Michigan, including violent crimes, sex crimes, theft crimes, operating while intoxicated (OWI), driving under the influence (DUI), and drug crimes.
Contact Elmen Legal today by calling (734) 707-8915, emailing robert@elmenlegal.com, or completing the online form.
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