How do I get a Personal Bond at Arraignment on a Warrant?
To ensure the lowest possible bond, a defendant will have to address all of the judge’s concerns about the risk of flight and danger to the community.
Factors Considered at Arraignment Regarding Bond
Judges are required in Michigan to consider a multitude of factors when determining what type of bond to give a defendant when he or she is arraigned on a warrant or arrested on a new felony or misdemeanor case in Michigan. If a defendant is arrested and released on an interim bond (one set at the police department), that is not a guarantee that the judge or magistrate at the court will not set a new bond at the date and time of the court arraignment. A personal bond or a personal recognizance bond is one where no money is posted, the defendant merely makes a promise to appear in court and will owe a predetermined amount of money to the court if he or she fails to appear for a hearing or violates a term or condition of the bond.
The best chance of having a lenient bond set in a case is having an experienced, zealous retained lawyer who is known for achieving extraordinary results. Judges and magistrates are much more likely to find that a defendant is not a flight risk when he or she has invested in the retention of a paid criminal attorney. Unfortunately for those individuals who do not have the financial wherewithal to hire a Michigan criminal attorney for the arraignment, there is no right to a court-appointed attorney in that stage of the proceedings.
Michigan Court Rule (MCR) 6.106(F)(1) directs judges in deciding what type of bond to use and what types of terms and conditions of bond are appropriate. Judges are instructed to consider the following:
(1) In deciding which release to use and what terms and conditions to impose, the court is to consider relevant information, including
(a) defendant’s prior criminal record, including juvenile offenses;
(b) defendant’s record of appearance or nonappearance at court proceedings or flight to avoid prosecution;
(c) defendant’s history of substance abuse or addiction;
(d) defendant’s mental condition, including character and reputation for dangerousness;
(e) the seriousness of the offense charged, the presence or absence of threats, and the probability of conviction and likely sentence;
(f) defendant’s employment status and history and financial history insofar as these factors relate to the ability to post money bail;
(g) the availability of responsible members of the community who would vouch for or monitor the defendant;
(h) facts indicating the defendant’s ties to the community, including family ties and relationships, and length of residence, and
(i) any other facts bearing on the risk of nonappearance or danger to the public.
Michigan Criminal Defense Attorney for Personal Bonds
If you or a loved one is charged with or accused of a criminal offense in Michigan and there is or might be an outstanding arrest warrant, you need a Michigan criminal attorney right away. The experienced, passionate, and successful criminal lawyers with LEWIS & DICKSTEIN, P.L.L.C. have handled thousands of arraignments and have a track record of successfully achieving personal bonds and low bonds when personal bonds are not possible. We would be happy to consult with you for free and we are available for night and evening consultations when needed (24/7). Most importantly, we are not afraid to win!
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.