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Home > Posting Bail in Detroit: 4 Things to Know

Posting Bail in Detroit: 4 Things to Know

Detroit has long had the reputation as the most violent large city in the country, based on 2010 crime statistics. However, the city was replaced by St. Louis in 2014 at the top of the list of most murders per capita in large cities, at a time when the rate of other serious crimes was falling as well.  If you are arrested in Detroit, here are 4 things you need to know about posting bail.

Bail process in Detroit. Once a person has been booked and processed into a facility in Detroit, the bail process can begin. Generally, the process takes longer for a more serious crime and at larger facilities.  Bond is often set very quickly for misdemeanors, relying on local schedules. However, judges are more likely to be involved in more serious crimes. The bail process could take a few hours at a smaller facility and up to a full day or longer at larger institutions such as the Wayne County Jails, which include Old Wayne County jail, one of the oldest operating jails in the country.

Types of Bail in Detroit. There are four options for posting a bond to be released from jail in Detroit. The choice will often have to do with the amount of the bond. The options include:

  • Personal recognizance. A PR bond is generally only allowed in limited situations – when a defendant has committed a non-violent misdemeanor and usually only for defendants with no previous criminal record. This is an unsecured bond and is only an option when the court feels the defendant will return to court and is not a danger to anyone.

  • Surety bond. If a defendant does not have the cash to pay the entire amount of the bond, or enough to pay 10 percent of the bond amount to the court, a bail bond agent can be hired. A surety bond is a contract involving the bail bond agent, the defendant and an insurance company. The bail bond agents pays 25 percent of the total bond amount and guarantees payment of the total amount to the court. For that service, the agent charges 10 percent of the total bond amount to the defendant, which is not refundable. Many bail bond companies offer payment plans or accept collateral from a defendant or co-signer to guarantee the total amount of the bond.

  • Cash bond. When a defendant is required to pay a cash-only bond that is an indication that the defendant has been determined to be a potential flight risk – often because of previous missed court appearances, unpaid court fines or back due child support. This is different from a defendant that decides to pay the entire amount of bail in cash. Doing so saves the 10 percent that must be paid to a bail bond agent.

  • Ten percent bond. This type of bond involves an agreement directly between the defendant – and any co-signer – and the court. The money is returned, minus court fees and costs, as long as the defendant shows up to all scheduling hearings. This is another way to save the 10 percent premium that would have to be paid to a bail bond agent.


 

Bond costs and options. Michigan law caps the premium that can be charged by bail bond agents at 10 percent.  In addition, every defendant who posts bond must pay a $10 state fee as well as a $12 booking fee that goes to the jail. A PR bond, of course, is the cheapest of all options, but the decision is up to a court official. Paying the bond is cash is the next cheapest option because there is no 10 percent fee that must be paid to a bail bond agent. However, many defendants need to weigh the benefits of saving that 10 percent fee and hiring a bail bond agent instead in order to retain more cash on hand to pay for a legal defense.

Violating bail agreement. Michigan law allows bail bond companies to employ bounty hunters. Their job is to find and return a defendant who has failed to appear as scheduled in court. The defendant or co-signer will be charged any costs incurred by the bounty hunter. Unless the defendant can offer a compelling explanation, failure to appear in court is a separate criminal offense. Once returned to jail, bond may be raised significantly or a defendant may be held without bond. In addition, the defendant or co-signer must pay the entire amount of the bond to the bail bond agent and any collateral will be forfeited.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

Helpful Articles

How to Post Bail in Michigan: 5 Things to Know

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Posting Bail in Detroit: 4 Things to Know

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