How Do Bail Bonds Work in Michigan?

Bail

• When a person is arrested, they are taken to jail and then a hearing with a judge. The judge looks at how serious the crime was, how much evidence ties the suspect to the crime, the likelihood that the suspect will run away and the suspect's record. With this information, the judge decides whether or not to release the person on bail, and if so, how high the bail should be. Bail is the amount of money or property that a person must leave with the court as a guarantee that they will return for their court date.
  
  

Bail Bonds

• When a defendant or a representative for the defendant leaves money or assets--such as a house, a car, credit cards or other valuables--with the court, they sign a pledge to return for their court date and cooperate with the court or lose the money. The pledge is a bail bond. If the defendant returns for the court date and cooperates with the court, the money is returned. If not, the money is forfeited to the court.
  
  

Amount

• In Michigan, the defendant has the option of paying the full amount (refundable if the person does not run away), leaving a nonrefundable 10 percent of the bail with the court or contracting a bond agent. If the defendant contracts a bond agent, the agent pays the court 25 percent of the full amount and the defendant pays the bond agent a nonrefundable 2.5 percent of the full bail.
  
  

Bond Agents

• Bond agents in Michigan are licensed by the state. Agents take the insurance agent test and must be sponsored by a surety company--a company that can lend them money to post bails. After passing the test, agents take an oath and must complete 30 hours of continuing education classes every two years.
  
  In Michigan, bond agents have 45 days to bring defendants that ran away back to court and recover the bail amount. If a defendant misses her court date, an arrest warrant is issued and the bond agent has the legal power to track down the person, arrest her and bring her to court. Bond agents can contract bounty hunters--who are entirely unregulated in Michigan--to track, arrest and transport suspects for them.