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Grand Rapids Arraignment and Bond in DUI Cases
If you have been arrested for DUI, which in Michigan is specifically called OWI, either because the cops thought you were either drunk or high, then at some point you will be arraigned and given a bond.Purpose of Arraignment
The purpose of an arraignment in a Michigan OWI case is so that the court can advise you about the specific charges, and the applicable punishment. In most instances, if you are represented by a DUI lawyer specialist, the reading of the charges, from the charging document which is called the warrant, will be waived and your DUI lawyer specialist will stand you “mute.” At this point the court will enter a plea of not guilty on your behalf.Bond in DUI Cases
With a few exceptions, every person accused of a crime is entitled to a bond. There are two purposes for bond. On the one hand a cash bond is intended to ensure the future attendance at all court dates. On the other hand the conditions of bond are intended to keep the public safe while the accused is out on bond.Factors That May Influence Bond
The amount of the cash bond is generally related to a variety of factors including the seriousness of the offense, the offender’s prior criminal history, their ties to the community, as well as the nature of the crime alleged. Violent and assaultive crimes generally carry higher bonds then those crimes involving the damage or misappropriation to property. While not specifically violent or assaultive, a Michigan drunk driving is not a crime against property. Rather, a Michigan drunk driving is considered a crime against the person. For this reason, bonds on drunk driving cases can sometimes be very high.
In drunk driving cases, where no death or serious injury has occurred, bonds are generally in the area of $5,000 to $25,000. If a death or injury has occurred, bonds as high as $100,000.00 are not unheard of in Michigan. Sometimes depending on the circumstances, a felony drunk driving even, such as a Michigan OWI third offense, without death or injury, can carry with it a much higher bond. On the other hand in most instances where the offender has no prior criminal history low cash bonds and or personal bonds are typically considered more appropriate by most courts.
In most instances for a Michigan OWI, where a person is alleged to be driving under the influence of alcohol or marijuana, even if you are given a higher cash bond, say in the area of $25,000, that the judge would allow you to post 10% of the total bond amount, meaning you would be required to post $2,500. Again, this should be discussed with your DUI lawyer specialist prior to your Michigan OWI arraignment.Benefit of an Experienced Attorney
If you have been charged with an OWI in Michigan because the police claim that you were drunk or high while driving, please contact the Barone Defense Firm before your arraignment for your FREE no obligation consultation. All of our fees are “flat fees” and include appearing with you at the arraignment. It is our opinion that you should NEVER appear in court on a Michigan OWI without a lawyer and this includes the OWI arraignment.