Understanding Bond in Michigan Criminal Cases

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Personal Bond, Cash Bond, 10% Bond, Cash or Surety Bond—and When You Can Be Held Without Bond

If you or a loved one has been arrested in Michigan, one of the first and most urgent questions is: “Can I get out of jail, and on what terms?” That question is answered through bond, which is the legal mechanism that allows a person accused of a crime to be released while the case is pending.

Michigan courts use several different types of bond, each with different financial and legal consequences. In rare but serious situations, a court may determine that a person can be held without bond.

This guide explains:

  • The types of bond in Michigan

  • How bond works differently in misdemeanor and felony cases

  • When a defendant can be denied bond entirely

  • What you and your lawyer can do to increase the likelihood of a personal or low cash bond

  • Why bond advocacy is often the first critical inflection point in a criminal case

Key Takeaways About Bond in Michigan

Michigan courts may release a defendant on a personal bond, cash bond, 10% bond, or cash/surety bond, depending on the charge, record, and perceived risk. Courts are required to impose the least restrictive bond necessary, but in limited cases involving life-maximum offenses, a defendant may be held without bond. Bond practices differ significantly between misdemeanor and felony cases, and early legal advocacy can materially affect whether release is granted and on what terms.

The Legal Framework Governing Bond in Michigan

Bond decisions in Michigan are governed by:

Under Michigan law, courts must impose the least restrictive bond necessary to reasonably ensure:

  1. The defendant’s appearance in court, and

  2. The safety of the public.

Bond is not punishment. It is an early judicial risk assessment, and one that often shapes the remainder of the case.

Types of Bond in Michigan

Personal Bond in Michigan (PR Bond)

A personal bond, often called a PR bond, allows release without posting money upfront. The defendant essentially promises on “their own personal recognizance” to appear in court and comply with the court’s release requirements.

Personal bonds in Michigan are most common in:

  • Many misdemeanors

  • Non-violent felonies

  • Cases involving stable employment and strong community ties

Personal bonds are less common in felony cases but do occur, particularly when there is no history of missed court appearances.

A personal bond does not mean unrestricted release. Courts often impose detailed pretrial requirements. Those requirements are addressed separately here: Conditions of Bond During Pretrial Release in Michigan.

Cash Bond in Michigan (No 10%)

A cash bond requires the defendant to post the entire bond amount in full before release.

Example:

  • A $5,000 cash bond requires $5,000 upfront

If the defendant complies with bond terms and appears as required, the money is typically refunded at the end of the case, subject to fines or costs.

Cash bonds in Michigan are common in:

  • Serious Felony cases

  • Repeat felony or misdemeanor cases

  • Serious DUI cases such involving causing serious injury or death, and limited probation-related matters

10% Bond in Michigan

A 10% bond allows a defendant to be released by posting 10% of the total bond amount with the court.

Example:

  • $10,000 bond → $1,000 posted

If bond terms are satisfied, the court typically returns 90% of the posted amount, retaining up to 10% as an administrative fee.

Not all Michigan courts permit 10% bonds. Availability depends on local court practice and judicial discretion.

Cash or Surety Bond in Michigan

A cash or surety bond allows the defendant to either:

  • Post the full bond amount in cash, or

  • Use a licensed bail bondsman (surety)

When a bondsman is used, the fee is non-refundable, even if charges are dismissed. Many Michigan courts, particularly in felony cases, prefer direct cash bonds over surety bonds.

When Can You Be Held Without Bond in Michigan?

Michigan law strongly favors pretrial release, but Michigan Court Rule 6.106(B) identifies limited and carefully defined circumstances where a court may deny bond and order a defendant held in custody pending trial.

These situations are exceptions, not the rule, and they require specific legal findings by the court.

No-Bond Eligibility Under Michigan Court Rule 6.106(B)

Under MCR 6.106(B), a court may deny pretrial release only if the defendant falls into one of the categories below and the court finds that the proof of guilt is evident or the presumption is great.

1. Murder or Treason

A defendant charged with:

  • Murder, or

  • Treason

may be held without bond if the constitutional standard is met.

This is the most traditional no-bond category under Michigan law.

2. Certain Violent Felony Cases Involving Prior Violent History

A court may deny bond to a defendant charged with a violent felony if either of the following applies:

  • At the time of the alleged offense, the defendant was:

    • On probation

    • On parole, or

    • Released pending trial for another violent felony

OR

  • Within the 15 years preceding the alleged offense, the defendant had been convicted of two or more violent felonies, arising from separate incidents, under Michigan law or substantially similar laws of another jurisdiction.

In these cases, the court must still find that the proof of guilt is evident or the presumption great before denying bond.

3. Specific Enumerated Offenses: CSC I, Armed Robbery, and Certain Kidnapping Cases

Michigan Court Rule 6.106(B) also specifically identifies the following offenses as potential no-bond cases, subject to heightened safeguards:

For these offenses, the court may deny bond only if:

  • The proof of guilt is evident or the presumption great, and

  • The court does not find by clear and convincing evidence that the defendant is unlikely to flee or pose a danger to others.

This is critical: Even in these serious cases, bond is still legally possible if the defense establishes that the defendant does not present a flight risk or danger to the public.

What “No Bond” Does Not Mean

Even when a defendant falls into one of the categories above:

  • No-bond status is not automatic

  • The court must make individualized findings on the record

  • The decision is subject to appellate review

  • The presumption of innocence still applies

  • Bond determinations may be revisited if circumstances change

As emphasized in the Michigan Criminal Benchbook, no-bond determinations require careful, fact-specific analysis, not categorical assumptions.

Bottom Line on No-Bond Cases in Michigan

Most defendants in Michigan are entitled to release on bond.
A small subset of cases, defined by specific charges and specific histories, may permit detention without bond, but only under strict legal standards.

When no-bond is sought, early, informed legal advocacy is essential.

What You and Your Lawyer Can Do to Increase the Likelihood of a Personal or Low Cash Bond

Bond outcomes are influenced by how risk factors are presented. Steps that often improve the likelihood of a favorable bond include:

Demonstrating Community Ties

Long-term residence, family support, and local roots reduce perceived flight risk.

Showing Employment or Responsibility

Steady employment, caregiving responsibilities, or enrollment in school demonstrate stability.

Addressing Record Concerns Honestly

A lack of prior failures to appear or bond violations is critical. Even in felony cases, this can justify lower bond.

Early Legal Advocacy

Having a lawyer involved before or at arraignment allows bond arguments to be framed proactively, not defensively.

Avoiding Unnecessary Concessions

Voluntary compliance steps should be handled strategically to reduce risk without conceding guilt.

Bond hearings are brief, but preparation matters.

Proactive Engagement in Treatment or Education (When Appropriate)

In certain cases, particularly those involving alcohol- or substance-related allegations, such as DUI, judges consider whether a defendant is taking reasonable steps to address perceived risk factors early in the process.

When handled thoughtfully and with legal guidance, voluntary engagement in education or treatment can support an argument for a personal bond or reduced cash bond.

Examples may include:

  • Alcohol awareness or education programs

  • Substance use assessments conducted by reputable providers

  • Outpatient counseling or therapy

  • Peer-support or recovery-oriented programs, when appropriate

In alcohol-related cases, courts may also consider whether a defendant has voluntarily engaged in education or support programs as part of a broader assessment of stability and risk mitigation. When this issue arises, it should be approached strategically and with an understanding of how courts interpret such participation.

Important Caveats

Early treatment involvement should never be reflexive or unmanaged. Poorly timed or poorly documented participation can create unintended consequences later in the case, including complications with evaluations, discovery, or sentencing posture.

For that reason:

  • Participation should be discussed with counsel first

  • Programs should be credible and defensible

  • The purpose should be clearly framed as risk mitigation, not an admission

When done correctly, voluntary engagement can reassure the court that release on a low cash bond or personal bond is consistent with public safety and court appearance concerns.

How Michigan Courts Decide What Type of Bond to Set

Michigan judges do not decide bond arbitrarily. Michigan Court Rule 6.106(F) requires the court to consider specific factors when determining whether release is appropriate, what type of bond to use, and whether conditions or cash are necessary.

In practical terms, bond decisions are a risk assessment, focused on two core questions:

  • Will the defendant return to court?

  • Does the defendant pose a danger to the public?

To answer those questions, the court is directed to consider the following categories of information.

The Defendant’s Record and Court History

Courts look closely at:

  • Prior criminal history, including juvenile matters

  • Any history of missed court dates, bench warrants, or flight

A clean or limited record—especially one without prior failures to appear, strongly supports a personal bond or lower cash bond.

Substance Use and Mental Health Considerations

Judges are instructed to consider:

  • Any history of substance abuse or addiction

  • The defendant’s mental condition

  • Reputation for dangerousness, if any

This does not mean treatment is required in every case. But where substance use or mental health is alleged to be a contributing factor, courts often assess whether risk can be managed through structure rather than detention.

This is where thoughtful, voluntary engagement in education or treatment, when appropriate and legally advised, can matter, as discussed above.

The Nature and Seriousness of the Charge

Courts must consider:

  • The seriousness of the offense

  • Whether threats or violence are alleged

  • The probability of conviction

  • The likely sentence if convicted

More serious charges and potential penalties increase scrutiny, particularly in felony cases. But seriousness alone does not mandate high bond or detention; the analysis remains individualized.

Employment, Financial Circumstances, and Ability to Post Bond

Michigan courts are required to consider:

  • Employment status and work history

  • Financial circumstances, only as they relate to the ability to post money bail

This is important. Bond is not supposed to function as de facto detention based on inability to pay. Demonstrating steady employment and financial transparency can support arguments for non-monetary or reduced-cash release.

Community Support and Accountability

Judges may consider:

  • Whether responsible community members are willing to vouch for the defendant

  • Whether family or other supports are available to help monitor compliance

Strong community backing reassures the court that release does not mean lack of oversight.

Ties to the Community

Courts look at:

  • Family relationships

  • Length of residence

  • Stability of living arrangements

Longstanding ties to the community reduce perceived flight risk and favor less restrictive bond options.

Any Other Factors Bearing on Risk

Finally, the rule allows courts to consider:

  • Any other facts relevant to risk of nonappearance or danger to the public

This is where effective lawyering matters most. Context, clarification, and correction of assumptions often happen here, and they can materially change bond outcomes.

Why This Matters

Michigan Court Rule 6.106(F) makes clear that bond decisions are not one-size-fits-all. They are individualized, evidence-based assessments.

Understanding these factors—and addressing them proactively and strategically, can mean the difference between:

  • Release and continued detention

  • A personal bond and a high cash bond

  • Manageable conditions and unnecessary restrictions

Bond hearings are often brief. The analysis behind them is not.

Bond in Misdemeanor vs. Felony Cases in Michigan

Misdemeanor Bond in Michigan

Misdemeanor cases more often involve:

  • Personal bonds

  • Lower cash amounts

  • Faster release timelines

Repeat offenses or probation status can significantly increase bond requirements.

Felony Bond in Michigan

Felony cases typically involve:

  • Higher bond amounts

  • Greater scrutiny

  • More structured pretrial oversight

In the most serious cases, the prosecution may seek detention, but only under narrow legal standards.

Frequently Asked Questions About Bond in Michigan

What types of bond exist in Michigan?
Michigan courts use personal bonds, cash bonds, 10% bonds, and cash or surety bonds.

Can you be held without bond in Michigan?
Yes, but only in rare cases involving life-maximum offenses where the proof is evident or the presumption of guilt is great.

Is bond different for felonies and misdemeanors in Michigan?
Yes. Felony bonds are typically higher and more restrictive than misdemeanor bonds.

Do you get bond money back in Michigan?
Cash bond money is usually returned if bond conditions are satisfied. Bondsman fees are not refundable.

Can bond be reduced after arraignment?
Yes. Courts may modify bond if circumstances change or if the original bond was excessive.

Does hiring a lawyer help with bond?
Yes. Early legal advocacy often materially improves bond outcomes.

The Bottom Line

Michigan law favors release on bond, but the type of bond—and whether bond is available at all—depends on the charge, the court, and how the issue is handled early.

Bond is often the first major decision in a criminal case. It affects freedom, finances, and the ability to defend the case effectively.

Talk to a Michigan Criminal Defense Lawyer About Bond Strategy

If you or a loved one is facing an arrest, arraignment, or bond hearing, early legal guidance can make a meaningful difference.

An experienced defense lawyer does more than accept the bond set by the court. They evaluate it, challenge it when appropriate, and advocate for conditions that allow you to remain free while protecting your future.

Bond decisions happen fast. Their consequences last.