How Does Bail Work and Can I Get It?

If you were arrested for a crime in Michigan, there is a chance that you can be released from detainment by posting bail. For anyone facing criminal charges, it is imperative that you understand how bail works and whether or not you can get it during your case. Reach out to an Upper Peninsula criminal defense lawyer today for skilled representation and legal advice.

What is Bail?

Bail is money that a defendant can pay to the court in exchange for their freedom while awaiting trial. After an arrest, the individual is not yet found guilty of the crime as a conviction requires a fair trial so they may be given the opportunity to walk free and live at home until a conviction is made.

Bail acts as a financial guarantee that the defendant will return to court for all future hearings. If they fail to do so they forfeit the money posted and can incur other legal repercussions.

How Does Bail Work?

When an individual is arrested and charged with a crime, they are generally taken into custody and then brought before a judge at an arraignment. During the arraignment, the court will inform the defendant of the charges being brought against them, the defendant will enter their plea, and the judge may set bail.

The amount that bail is set at will vary depending on the details of the offense. Generally, the more severe or violent the offense, the higher bail will be. Once the judge has dictated an amount, the defendant can pay themselves, a friend or family member can cover the costs, or they may use a bond.

The defendant can then go home under the condition that they will return to the court for all required hearings and appearances. If they meet the requirements, the bail money will be refunded after the conclusion of the trial. If they fail to appear, however, that money will be forfeited to the court.

What Factors Affect Whether or Not I Can Get Bail?

In Michigan, whether or not you can get bail depends on several factors. Consider the following.

• Eligibility: Under Michigan law, anyone arrested for a crime can be eligible for bail unless aggravating factors are present. This may include individuals charged with violent felonies like murder or people with multiple prior felony offenses.
• Flight risk: A judge will consider whether or not the defendant is likely to flee the area or country and not appear at future court dates. Those with ties to the community are more likely to stick around while those with no relationships or interest may flee. Individuals facing extremely severe charges may also be a flight risk.
• Public safety: It must also be determined if the individual may pose a risk to the general public if they were to be released. A judge will consider whether they are likely to continue committing crimes while they are free.

Consult an experienced attorney for more information on your right to bail.