BAIL: Bond, Pretrial Release, JAMs Testing, and Contempt of Court in Michigan DUI Cases

 Bond, Pretrial Release, JAMs Testing, and Contempt of Court in Michigan DUI Cases

How much do you need to get out of jail?  Interim bonds are not supposed to exceed 20% of the maximum fine, which is $500 for an OWI charge. This means that an interim bond should be $100.00, but police departments violate this statutory cap all the time.  See MCL 780.581. Even if you are brought before a judge or magistrate for arraignment, you can expect a higher bond in most cases. Michigan's best judges will require only a "personal recognizance or an unsecured appearance bond" which is required under Michigan Court Rule 6.106. (This means no monetary bond is required.)

 

 

Expect an interim bond amount of at least $100.00, but up to $1,000.00. If the arraignment is held before a judge or magistrate, the normal bond / bail amount of a drunk driving charge is normally $500.00 to $1,000.00 or more. This is not necessarily legal, but it has become common practice. Michigan lawyers and judges become accustomed to the "normal way of doing things" as opposed to what the law might require, and many lower courts have used bail and bond provisions as collateral on future criminal convictions, assuming that the accused will accept some type of plea on a criminal charge. 

 

 

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