Bail set and trying to get out? What a bond is, what it costs and what can go wrong
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. I have litigated for over 15 years. This page explains how pretrial release and bond work in Michigan criminal cases: what the judge is supposed to consider, the different kinds of bond, what happens to the money you post, when bail can be denied, how a bond can be changed, and what a missed court date does to it. I do not promise outcomes, and a bond decision always depends on the facts in front of the judge.
The short answer. Under the Michigan court rule, at arraignment the court must order that you be held in custody under the narrow rule for denying release, released on personal recognizance or an unsecured appearance bond, or released with conditions, with or without money bail. MCR 6.106(A). Release without money is the default unless the judge finds it will not reasonably ensure your appearance or will endanger the public. MCR 6.106(C). Money bail can be required only for reasons the judge states on the record. MCR 6.106(E). A bond can be reviewed and changed, and breaking its conditions can cost you the money, your release and, in a felony case, a new felony charge.
The Supreme Court of the United States has described the starting point this way: “In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.” United States v. Salerno, 481 U.S. 739, 755 (1987). The Michigan Constitution says that all persons are bailable by sufficient sureties before conviction, with exceptions for a short list of serious charges where the proof is evident or the presumption great. Const 1963, art 1, § 15. A judge or district court magistrate has the statutory power to admit an accused person to bail under that section. MCL 765.1(1).
The first release decision may be made before a lawyer is involved, and it can be changed. Below is how the rule is meant to work and what to do when the first decision is wrong.
The kinds of release, in plain terms
| Type of release | What it means | Authority |
|---|---|---|
| Personal recognizance or unsecured appearance bond | You are released on your promise to appear, not to leave Michigan without the court’s permission and not to commit any crime, with no money posted up front. This is the starting point unless the judge finds it will not reasonably ensure appearance or will endanger the public | MCR 6.106(C) |
| Conditional release | Release on the conditions the judge finds reasonably necessary to ensure appearance and public safety, such as reporting, testing, curfew, travel limits or no contact. Money bail may or may not be added | MCR 6.106(D) |
| 10 percent bond | The court may allow you to post a cash deposit of 10 percent of the full bail amount in place of the full amount | MCR 6.106(E)(1)(a)(ii)(B) |
| Surety bond | A bonding company posts the bond. Depending on how the court sets the options, the surety bond is for one quarter of the full bail amount or for the full amount | MCR 6.106(E)(1) |
| Full cash bond | You, or someone other than an approved surety, deposit cash or its equivalent for the full amount. With the court’s consent, designated real property can secure the bond | MCR 6.106(E)(1) |
| Custody without bail | Allowed only for the charges the rule lists, on stated findings. The court must complete a custody order and set a 90-day clock for trial or a bail hearing | MCR 6.106(B)(1), (3), (4) |
Which of these options you actually get is the judge’s choice. The rule lets the court decide whether to offer the 10 percent or surety options, so if you are given a number, ask your lawyer what forms of posting are permitted on the order. MCR 6.106(E)(1).
How a judge is supposed to set bond
The rule requires the court to consider relevant information, and it lists the kinds of facts that count: your prior record, your record of appearing or not appearing in court, history of substance abuse, mental condition, the seriousness of the charge and the probability of conviction and likely sentence, your employment and financial history as it relates to the ability to post money bail, the availability of responsible members of the community who would vouch for or monitor you, your ties to the community, and any other facts bearing on the risk of nonappearance or danger to the public. MCR 6.106(F)(1). When the court holds you in custody, or orders release with conditions that include money bail, it must state its reasons on the record, though it need not make a finding on every factor. MCR 6.106(F)(2).
The rule also says that nothing in the release subrules sanctions pretrial detention, or a release decision based on race, religion, gender, economic status or other impermissible criteria. MCR 6.106(F)(3). That sentence matters when a bail amount is set so high that it works as a detention order for someone who has no money. The rule does not say a particular dollar figure is too high, but it does give a lawyer a basis to ask the judge to state the reasons money bail is needed and why release on conditions would not do.
What I do with those factors is simple. I collect what supports release: a stable address, a job, family who will attend court, a record of showing up, and a plan for any substance abuse or mental health treatment the judge might worry about. I put it in front of the judge in a way that answers the specific risk the judge is considering.
Posting bond and getting your money back
The details depend on what was posted and by whom. For the offenses covered by the 1966 bail statute for traffic offenses and misdemeanors, the person for whom bail has been set deposits 10 percent of the bail, but at least $10.00, with the clerk, and is released subject to the conditions of the bond. MCL 780.66(1), (2). When the bond conditions have been met and the accused has been discharged from all obligations in the case, the clerk returns 90 percent of the deposit and keeps 10 percent as bail bond costs, except that if the accused was not convicted of the charge the entire deposit is returned. MCL 780.66(6). The court rule now says the same thing for a 10 percent deposit on a crime governed by that statute. MCR 6.106(I)(1).
The money you post yourself is also the first source for what you owe after a conviction. The statute requires that, if a defendant who personally deposited cash is ordered to pay a fine, costs, restitution, assessment or other payment, it be collected out of the deposit. MCL 780.66(8); MCL 765.15(2). The same is true of the minimum state costs and the crime victim assessment. MCL 769.1j(4); MCL 780.905(5). The court rule says money deposited on a bail or bond executed by the defendant is first applied to any fine, costs or statutory assessments, with any balance returned. MCR 6.106(I)(3). If a family member put up the money, tell them this before you do. A bond posted by someone else is treated differently from money you deposited yourself, and I explain the difference to the person who is paying.
A surety bond is a contract with a private company. The court’s refund rules concern money deposited with the court, so read what you are signing and know what you owe the company, what collateral is pledged and when it is released.
When bail can be denied outright
The Michigan Constitution and the court rule allow the court to deny pretrial release only for charges on a short list. Under the rule, the court may deny release to a defendant charged with murder or treason, or with a violent felony committed while on probation, parole or release pending trial for another violent felony, or after two or more violent felony convictions in the previous 15 years from separate incidents, if the court finds the proof of guilt evident or the presumption great. For first-degree criminal sexual conduct, armed robbery, or kidnapping with intent to extort, the court may deny release on the same finding unless it finds by clear and convincing evidence that the defendant is not likely to flee or present a danger to any other person. MCR 6.106(B)(1); Const 1963, art 1, § 15; MCL 765.5.
A violent felony, for this rule, is one with an element involving a violent act or threat of a violent act against another person. MCR 6.106(B)(2). If you are held, the court must state its reasons on the record and on the state court administrator’s Custody Order form, and trial must begin within 90 days, excluding delays attributable to the defense, or the court must immediately schedule a hearing and set bail. MCR 6.106(B)(3), (4). Either side may request a custody hearing, where the defendant has the right to be present, to have a lawyer, to present witnesses and evidence and to cross-examine, and where the rules of evidence other than privilege do not apply. Unless the court makes the findings the rule requires, the defendant must be released. MCR 6.106(G).
Custody under this rule can still come with conditions. The court may restrict or prohibit contact with named people if reasonably necessary to protect the integrity of the proceedings or one or more named persons. MCR 6.106(B)(5).
Bond conditions, no-contact orders and electronic monitoring
Every release on recognizance or conditional release carries three basic conditions: you will appear as required, will not leave the state without the court’s permission and will not commit any crime. The judge may add conditions the court finds reasonably necessary to ensure appearance and public safety, and the rule’s list includes reporting to a court agency, not using alcohol or illicitly using a controlled substance, testing or treatment programs, limits on associations, residence, employment or travel, surrendering a driver’s license or passport, a curfew, continuing to seek employment or education, staying in the custody of a responsible person, not possessing a firearm, staying away from specified places, and no contact with named persons. MCR 6.106(D).
A separate statute covers protective conditions. A judge or magistrate may release a defendant subject to conditions reasonably necessary to protect one or more named persons, must make a finding of the need for protective conditions and must tell the defendant on the record, orally or in a personally delivered writing, the specific conditions and that a violation can lead to arrest without a warrant, forfeiture or revocation of bail and new conditions. MCL 765.6b(1). The order must include the defendant’s identifying information, the date the conditions take effect and the date the order expires, and it is entered into the law enforcement information network. MCL 765.6b(2), (4). A condition against buying or possessing a firearm may be added, and it must be added if the court orders electronic monitoring under the domestic violence provision. MCL 765.6b(3).
For a defendant charged with a crime involving domestic violence or any other assaultive crime, the judge may order an electronic monitoring device as a condition of release. A defendant described in that subsection is released only if he or she agrees to pay the cost of the device and the monitoring, or to perform community service in lieu of paying. MCL 765.6b(6). The section does not limit the authority to impose protective or other release conditions under other statutes or court rules, including electronic monitoring. MCL 765.6b(10). If your charge involves a person you live with or are related to, read the order carefully with your lawyer before you go home, because a no-contact condition can bar you from your own address.
There is also a roadside-testing provision. A judge or magistrate may release a defendant who has taken a preliminary roadside analysis that detects alcohol or an intoxicating substance, with a chemical test pending, on conditions reasonably necessary to protect the public. The defendant must be told on the record that driving under the influence is a violation and that a violation means arrest without a warrant, forfeited or revoked bail and no release before arraignment. MCL 765.6b(7).
Changing or challenging the bond
A release decision is not final. A party who wants review may file a motion in the court that has appellate jurisdiction over the court that made the decision; there is no filing fee, and the reviewing court may change the decision only on finding an abuse of discretion. MCR 6.106(H)(1). Separately, before the arraignment on the information, any court where the case is pending may, on a party’s motion or its own initiative, modify the release decision on finding a substantial reason to do so. At the arraignment on the information and afterward, the court may make a de novo determination. The party seeking modification has the burden of going forward. MCR 6.106(H)(2).
That structure gives a lawyer two tools: a motion to the same court to modify, supported by new information, and a motion to a higher court that asks whether the first judge abused discretion. I choose between them based on what changed. A new address, a job offer, a treatment bed or a third-party custodian are new facts for a modification motion. A bond set without stated reasons, or one that ignores the presumption of release, is the kind of problem I raise on review.
Missing court, breaking conditions and forfeiture
If you fail to appear, the court generally must wait 48 hours, not counting weekends and holidays when the court is closed, before issuing a bench warrant, so you have a chance to appear voluntarily. The delay does not apply in a case involving an assaultive crime or domestic violence offense, or if you previously failed to appear in the case, and the judge may issue a warrant right away on a stated, specific reason such as a suspected new crime, danger to a person or property, summoned witnesses present, a sentencing hearing, or other compelling circumstances. MCR 6.103(A). The court must not revoke your release order or forfeit your bond during the 48 hours. MCR 6.103(C). If you do not come in, call a lawyer within that window. Appearing on your own is the strongest answer to a missed date.
If you fail to comply with the conditions of release, the court may issue a warrant, revoke the release order and declare the money or surety bond forfeited. It must mail notice of the revocation to you and to anyone who posted. If you do not appear and surrender within 28 days of the revocation date, the court may continue the revocation and enter judgment against you and anyone who posted for up to the full amount of the bail, plus costs. MCR 6.106(I)(2). The statute for traffic offenses and misdemeanors uses a 30-day period before judgment. MCL 780.66(7).
Where a bonding company is on the bond, the court must serve the surety with notice of the failure to appear within seven days and give the surety a chance to show cause why judgment should not be entered. MCL 765.28(1). There is a way back. The court must set aside the forfeiture and discharge the bail or bond if, within one year of the forfeiture judgment, the person who forfeited it is apprehended, the ends of justice have not been thwarted and the county has been repaid its costs for apprehending the person. MCL 765.15(1). For a surety, that relief is not available if the defendant was apprehended more than 56 days after the forfeiture and the surety did not fully pay the judgment in that period. MCL 765.28(3).
In a felony case there is a criminal exposure beyond the money. A person who absconds on or forfeits a bond given in a criminal proceeding where a felony is charged is guilty of a felony. MCL 750.199a. That is why I tell clients that a missed date in a felony case is more serious than one in a minor misdemeanor, and why the first call matters.
How I handle a bond problem
- Read the release order. I look at the charge, the type of bond, the amount, the conditions, the reasons stated on the record and whether a custody order was entered.
- Match the order to the rule. I check whether money bail was supported by stated reasons, whether the factors were considered and whether the conditions are tied to appearance and safety.
- Build the release plan. Address, employment, family, treatment, transportation to court and a person who will monitor you. I get documents, not promises.
- Choose the right motion. A modification motion in the court where the case is pending, a custody hearing if you are held under the rule, or review in the higher court.
- Protect the money. I explain who owns the deposit, what it can be applied to after the case and what happens to a surety’s collateral.
- Keep you in court. I give you every date in writing, warn you about the 48-hour rule and the 28-day period, and if something goes wrong I contact the court right away.
Ways a bond situation can end
- The judge modifies the bond on a motion, with different conditions or a lower amount.
- A higher court reviews the decision and either leaves it in place or sends it back.
- The case ends, the conditions were met, and the court vacates the release order and returns the money as the statute and rule provide, after any fines, costs or assessments are collected from a personal deposit.
- A violation leads to revocation, forfeiture and, if you do not surrender in time, a judgment for the amount of the bond.
- In a custody case, trial begins within the 90-day period or the court schedules a hearing and sets bail.
What I need from you
Bring the release order, the bond paperwork, the receipt for anything posted and the name and contact information of whoever paid. Bring proof of address, work, school or treatment, and the names of family or friends who can attend court and vouch for you. Write down every court date and every condition, including no-contact terms and testing schedules. Tell me about prior cases, any failure to appear in the past, and any probation or parole. Do not contact a named protected person, even if that person contacts you first, until we have gone through the order.
Where your Kent County bond will be set and reviewed
I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A felony begins in district court with an arraignment and, if the case continues, a preliminary examination. MCL 600.8311(c), (e). Michigan law sets the Kent County district courts by municipality. The 61st District Court serves the city of Grand Rapids, the 59th serves the cities of Grandville and Walker, the 62A serves the city of Wyoming and the 62B serves the city of Kentwood. MCL 600.8128a; MCL 600.8130(1)-(3). The 63rd District Court serves the rest of Kent County, which includes the cities of Rockford, Lowell, Cedar Springs and East Grand Rapids and the surrounding townships. MCL 600.8130(4). If the magistrate binds the case over, the felony is arraigned in the circuit court, which for Kent County is the 17th Judicial Circuit. MCL 766.13; MCL 600.8311(f); MCL 600.518. A judge or district court magistrate has the statutory power to admit an accused person to bail, so the first release decision is often made in the district court at or before arraignment. MCL 765.1(1). Review of a release decision goes to the court with appellate jurisdiction over the court that made it. MCR 6.106(H)(1).
Why people hire me for a Michigan bond matter
You work directly with me, the lawyer handling your case. I tell you what the order says, which part of the rule applies and what I can ask the judge to change, with the facts and documents that support it. I do not promise outcomes. I prepare for the next hearing, and for trial, because release is the first stage of a case and the bond conditions you live under can affect everything that follows.
My fee depends on the charges, how complicated the case is and how far it is likely to go. We talk about the fee at the consultation, before you decide whether to hire me.
Questions I hear from people with a bond in a Michigan criminal case
How does a Michigan judge decide my bond amount?
Under MCR 6.106, the judge must release you on personal recognizance or an unsecured appearance bond unless that will not reasonably assure your appearance or will present a danger to the public. If it will not, the judge can add conditions, and can require money bail only for reasons stated on the record. The judge weighs listed factors, such as your record, appearance history, ties, and the seriousness of the charge.
What is a 10 percent bond in Michigan, and do I get the money back?
When a judge requires money bail, MCR 6.106(E) lets the court allow options such as posting the full amount in cash, posting 10 percent in cash, or using a surety (bondsman) bond. If the case ends and you met every condition, the court vacates the release order and returns the money posted, with limits. Money you posted yourself is applied first to any fine, costs, or assessments.
Can a Michigan judge deny bond completely?
At arraignment, only in the narrow cases MCR 6.106(B) lists. A judge may deny release for murder or treason, or for a violent felony committed while on probation, parole, or pretrial release for another violent felony or after two or more violent felony convictions in the prior 15 years, if proof is evident or the presumption great. Different findings apply for first-degree criminal sexual conduct, armed robbery, and kidnapping to extort.
What conditions can a judge put on my bond, like no contact orders or alcohol testing?
A release on recognizance or a conditional release carries three basic conditions: appear as required, do not leave the state without court permission, and do not commit a crime. Beyond that, MCR 6.106(D) lets the judge add conditions reasonably necessary to assure appearance and public safety, including reporting, no alcohol or illicit drug use, testing or treatment, curfews, travel or residence limits, surrendering a license or passport, no firearms, and no contact with named people.
Can a judge put me on a tether (ankle monitor) before trial or on probation?
Possibly. MCR 6.106(D) lets a judge impose curfews, travel and residence limits, testing, and other conditions reasonably necessary for appearance and public safety, but it does not name an electronic tether. MCL 765.6b(6) specifically allows a judge to order an electronic monitoring device as a condition of pretrial release when the charge involves domestic violence or another assaultive crime, and MCL 765.6b(10) says that section does not limit a judge’s authority to order electronic monitoring under other statutes or court rules. After a conviction, MCL 771.3(2) expressly lets the court order house arrest and electronic monitoring as conditions of probation.
Can I get my bond lowered or changed in Michigan?
Yes, there are procedures for it. Before arraignment on the information, a court with the case can modify a release decision on a party’s motion or its own initiative if there is a substantial reason. At and after arraignment on the information, the court can make a new, de novo determination. You can also seek review in the court with appellate jurisdiction, with no filing fee, under MCR 6.106(H).
What happens to my bond if I miss a court date in Michigan?
After a missed court date, the court generally must wait 48 hours (excluding weekends and holidays when the court is closed) before issuing a bench warrant under MCR 6.103, with exceptions such as an assaultive crime or a prior failure to appear. It may then revoke your release order and declare bail forfeited under MCR 6.106(I)(2). If you do not appear and surrender within 28 days of the revocation date, the court may enter judgment for up to the full bond plus costs.
Can I leave Michigan while I am on bond or probation?
Not without the court’s permission. A release on recognizance or conditional release under MCR 6.106(C) and (D) includes the condition that you will not leave the state without the court’s permission. Probation under MCL 771.3(1)(b) likewise requires that you not leave the state without the consent of the court that granted probation.
Related Michigan pages
- Grand Rapids criminal defense lawyer
- What happens after an arrest
- Court-appointed lawyers and public defenders
- Preliminary exam, discovery and Miranda
- Criminal appeals
- jail conditions and detainee claims
I represent people seeking release and bond changes in Kent County and West Michigan. Contact me 24/7 by phone or email. Your Rights, My Fight! Call for a free initial consultation.
Big-Firm Power. Street-Level Grit.
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.