At the arraignment phase, the judge will set your bond. Bond determines the amount of money needed (if any) to bail you out of jail. The jail doesn’t want to overcrowd with people who can be trusted to return for their hearings. The courts also don’t want potentially dangerous or evasive people to be released either. The criminal justice system in Marquette has a few different types of bonds, The judge will examine your past history, your current life factors, and other variables to determine what sort of bond should be posted.
Release On Personal Recognizance
Release on recognizance means the court trusts the defendant to return to their future court proceedings. No money needs to be put up as collateral when released on recognizance.
When deciding whether to release a defendant on recognizance, the court will evaluate a few key factors:
- The severity of the crime.
- If the defendant has family ties to the area.
- If the defendant is employed in the area, and if so, for how long.
- If the defendant is from the area.
- If the defendant has skipped bail in the past.
Personal recognizance bonds allow the defendant to live their normal life while awaiting the completion of their case.
While released, the defendant cannot commit any other crimes, they cannot leave the state of Michigan unless the court allows, and they must return for all future court proceedings.
If the defendant is believed to be dangerous to society or they are likely to flee, one of the following bond options in Marquette may be used.
Cash, Property & Surety Bonds
A cash bond is money given to the court in exchange for release before the trial. If the defendant returns for the following court proceedings, the money is returned in its entirety. This provides an incentive so the defendant will not flee. If the defendant “skips bail” and misses their court date, the defendant forfeits the bail, and a warrant is issued for their arrest.
Depending on the severity of the crime and the likelihood the defendant will stay in the area, the bond may be quite high. The court, however, cannot post “excessive bail,” as that would violate the Eighth Amendment.
Property bonds are like cash bonds. Rather than money being used as collateral, the defendant puts up a piece of their property as collateral. This eliminates the need to liquidate assets into cash.
Just like cash bonds, if the defendant fails to appear for their hearing, they forfeit their property.
Perhaps the most common method of bail in Marquette, surety bonds use “bail agents” to pay for the bond. In return, the defendant pays the bail agent 10 percent of the bail. The bail agent takes responsibility for the defendant.
Bail agents will often employ bail enforcement agents—more commonly known as “bounty hunters”—to recover fleeing defendants.
Surety bonds are useful for individuals who do not have the capital to post bond.
During arraignment, the judge may stipulate conditions into their bail. Examples include:
- No drug or alcohol use.
- Restricting areas the defendant can enter.
- Restricting contact with an individual (e.g., the victim).
- Mandating substance abuse treatment.
Speak to a Marquette Attorney About the Different Types of Bonds
As you can see, bail comes in all shapes and sizes. The judge will consider many factors when determining your bail in Marquette. An experienced criminal defense lawyer can help guide you through all the hoops.
Berger Law is the only exclusively practicing criminal defense firm in the area. We have a private investigator who works with the police and prosecution. Our team has the charisma, talent, and connections needed to greatly increase your chances of enjoying your freedom and liberty.