The Michigan Court Rules, specifically MCR 6.106, generally declare that a person must be released on "personal recognizance" without posting money or conditions. In non-capital cases, this is a constitutional right because you are presumed to be innocent. "Personal recognizance" is essentially your oath or promise to appear for court. Money bonds are designed to ensure that you appear or risk losing the money that you posted to get out of jail.
"Conditional bonds" are things that you promise to do or refrain from doing while out on bond, i.e. they are conditions you must abide by while free on bond.
The default provisions under Michigan law require that all bonds be conditioned on three things: 1) You agree to appear in court as directed, 2) You agree to remain in the state of Michigan unless granted permission by the court to leave, and 3) You agree not to violate any other laws while free on bond. In typical domestic violence cases, it is normal for the court to order no assaultive or abusive contact with the alleged victim. This is a good example of a "conditional bond" requirement.
Because a huge number of poor people lack funds to secure a money bond, Michigan courts are looking at possibly eliminating monetary bonds. As previously stated, many lower court abuse their discretion by imposing monetary bonds as collateral to secure payment on anticipated fines and costs. This was never the purpose of bond or bail, which is designed to ensure that the accused will appear before the court as ordered and refrain from imposing a risk of harm to the public. Nonetheless, there are legitimate conditions that can be imposed to a person accused of a crime, such as refraining from assaulting one's spouse in a domestic violence case. But what are legitimate conditions for pretrial release on drunk driving cases?
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