Michigan Bail Laws
Bail rules can be confusing, especially in the middle of the night. Here is a plain-English summary of how bail works in Michigan. Questions about a case? Call 248-594-3000, 24/7.
How bail works in Michigan
Your right to bail in Michigan
The Michigan Constitution (Article 1, Section 15) says most people charged with a crime have a right to be released on bail before trial. There are limited exceptions for some of the most serious charges. Section 16 adds that excessive bail shall not be required.
Pretrial release under MCR 6.106
Michigan Court Rule 6.106 explains how judges decide release. The court can release a person on personal recognizance, add conditions, or set money bail. When money bail is set, the court may allow a 10% deposit or require the full amount in cash or by surety bond. A surety bond is what a bail bondsman provides.
Interim bond for misdemeanors
For many misdemeanor arrests made without a warrant, Michigan law (MCL 780.581) allows an interim bond so the person can be released before seeing a judge. The amount usually comes from a schedule set by the local court.
Bond conditions
Courts often order no new arrests, no contact with an alleged victim, drug or alcohol testing, a GPS tether, or travel limits. Breaking a condition can get the bond revoked and send the person back to jail.
Missing court (FTA)
If a defendant fails to appear, the judge can issue a bench warrant and forfeit the bond. A co-signer may be responsible for the full bond amount. Call us right away: many missed court dates can be fixed by going back to court with a valid reason.
Arrest and surrender by a surety
A surety who posts a bond is responsible for getting the defendant to court. Michigan law (MCL 765.26) lets a surety arrest the defendant and surrender them to the court to be released from the bond. The U.S. Supreme Court recognized this long-standing right of sureties in Taylor v. Taintor (1872).
This page is general information, not legal advice. For advice about a specific case, talk to a Michigan criminal defense attorney.
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