Bonds

A person, called a defendant, who is arrested for breaking a criminal law, may be held until bond is set or an arraignment is held by a judge or magistrate. This usually occurs within 24 hours of the arrest. A bond is a promise that the defendant will appear in court when required.

The four types of bonds are: a personal recognizance bond, a cash bond, a ten-percent bond and a surety bond.

When the court sets a personal recognizance bond, the defendant is released after making a promise to return to court when required.

A cash bond is a money guarantee that the defendant will return to court when required. When a cash bond is set, the defendant must pay the full bond amount to the court before being released from jail.

Another type of bond is a ten-percent bond. In this bond, the court will accept payment of ten percent of the total bond as a guarantee that the defendant will appear as required. If the defendant does not appear, the court may require payment of the remaining ninety percent.

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The last type of bond is a surety bond. A surety bond is a promise made by someone other than the defendant that the defedant will appear as required. If you make a promise on behalf of the defendant, you must prove to the court that you will pay the bond amount if the defendant does not appear as required. Surety bonds may be posted by friends, relatives or a bond insurance company.

Money or property that is posted for a bond may not be returned when the case is over. The court may apply cash and ten percent bond monies posted by the defendant to any outstanding court fines or fees.

Regardless of the type of bond, if the defendant does not return to court as promised, the court may issue an arrest warrant and the bond money will be kept by the court. In addition, the defendant may be held responsible for paying the remaining unpaid bond amount.

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Additional resources on this topic

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Last updated 2-5-99

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to pharter@calhouncountymi.gov