In Michigan, the bond types and conditions a judge can impose fall into a short list: release on personal recognizance, a 10% deposit bond, a full cash bond, or a surety bond posted through a bondsman, each carrying conditions that range from a simple promise to appear up to GPS monitoring and firearm restrictions. Which type a judge picks, and which conditions come attached, turns on the charge, the defendant’s record, and the judge’s read on flight risk and public safety.
The Four Bond Types
Michigan’s court rules push judges toward the least restrictive option that will still get the defendant back to court. Under MCR 6.106(C), the court must release a defendant on personal recognizance or an unsecured appearance bond unless it finds on the record that such release will not reasonably ensure appearance or will endanger the public.1Michigan Courts. Michigan Court Rules Chapter 6 Criminal Procedure Money bail is supposed to come in only after the judge explains why a non-monetary release would be inadequate.
Personal Recognizance
A personal recognizance bond releases the defendant without any payment, based on a signed promise to appear. It is the default under the court rules and generally goes to lower-risk defendants with steady community ties and limited criminal history.1Michigan Courts. Michigan Court Rules Chapter 6 Criminal Procedure The baseline conditions are simple: appear at every court date, stay in Michigan unless the court says otherwise, and commit no new crimes. Missing a date on a PR bond triggers a bench warrant and can bring additional charges.
Ten Percent Deposit Bond
The 10% deposit bond is what most people picture when they hear “posted bond.” Instead of paying the full bail amount, the defendant deposits 10% of the total directly with the court.2Michigan Courts. Types of Pretrial Release On a $10,000 bond, that’s $1,000 out of pocket.
The refund rules make this option attractive. If the defendant is convicted and has met all bond conditions, the court returns 90% of the deposit and keeps 10% as an administrative fee, so on a $1,000 deposit you get $900 back. If the defendant is not convicted, the court returns the entire deposit. The court can also deduct any fines, costs, restitution, or assessments before returning the balance.3Michigan Legislature. MCL Section 780.66
Not everyone qualifies. Michigan law requires a cash bond or a third-party surety, rather than a 10% deposit, if the defendant is charged with a crime that allegedly occurred while already out on a self-executed bond, or if the defendant has two or more felony convictions within the past five years.2Michigan Courts. Types of Pretrial Release
Cash Bond
A cash bond requires payment of the full bail amount up front, either by the defendant or someone acting on the defendant’s behalf. The refund structure under MCL 780.66 is the same as the deposit bond: 90% back on a conviction with conditions met, 100% back if there is no conviction, minus any court-ordered fines, restitution, or costs.3Michigan Legislature. MCL Section 780.66
If the defendant fails to appear, the court enters a forfeiture order and mails notice to the last known address. The defendant then has 30 days to appear and surrender or convince the court the absence was unavoidable. If neither happens, the court enters a judgment for the full bail amount plus court costs, and the deposited cash is applied toward that judgment.3Michigan Legislature. MCL Section 780.66
Surety Bond
A surety bond brings in a third-party guarantor, typically a bail bondsman, who pledges to pay the bail amount if the defendant does not appear. The defendant pays the bondsman a fee, usually around 10% of the bond, which is non-refundable no matter how the case ends. That fee is the bondsman’s compensation and never comes back.
Under MCL 765.20, a judge may require the surety to pledge real estate in the county where the court sits, with the property’s value at least equal to the bail amount.4Michigan Legislature. MCL Section 765.20 When a 10% deposit bond is otherwise available, a surety can post a surety bond in the amount of one-quarter of the full bail.2Michigan Courts. Types of Pretrial Release
Interim Bond After a Misdemeanor Arrest
Michigan has a separate, faster path for release after some misdemeanor arrests. If the arrest is without a warrant for a misdemeanor punishable by up to one year in jail, a fine, or both, and no magistrate is immediately available, the arresting officer can accept an interim bond on the spot.5Michigan Legislature. MCL Section 780.581 The officer sets the amount, which must fall between 20% of the minimum possible fine and 100% of the maximum possible fine for the offense.
The officer can also refuse an interim bond and hold the person if they are intoxicated, wanted on another charge, unable to establish identity, or otherwise unsafe to release.5Michigan Legislature. MCL Section 780.581 Domestic violence arrests are categorically excluded. When the alleged assault involves a spouse, former spouse, household member, or dating partner, police cannot accept an interim bond at all, and the defendant is held until arraignment or until a judge or magistrate sets bond.2Michigan Courts. Types of Pretrial Release
How the Amount Gets Set
MCL 765.6 requires the judge to consider four factors when fixing bail and to make findings on the record for each: the seriousness of the offense, the protection of the public, the defendant’s criminal record and dangerousness, and how likely the defendant is to appear for trial.6Michigan Legislature. MCL Section 765.6 The severity of the charge does the heaviest lifting in practice; violent crimes and weapons offenses draw higher amounts and stricter conditions. The defendant’s history is close behind, with prior failures to appear or recent felony convictions signaling flight risk.
Community ties round out the picture. A defendant with steady employment, local family, and years of residency in the area looks less likely to disappear. Courts also weigh mental health history and substance abuse. In some jurisdictions, a pretrial services report compiles the defendant’s background, criminal history, employment, and substance use into a single document with a release recommendation.7Third Judicial Circuit of Michigan. Pretrial Services
Conditions the Court Can Attach
Even a personal recognizance bond carries baseline conditions: appear at every court date, stay in Michigan unless the court says otherwise, and commit no new crimes. Beyond those, judges have broad discretion to tailor conditions to the case. Common additions include travel restrictions, no-contact orders with alleged victims or witnesses, curfews, random drug or alcohol testing, and participation in treatment programs. A drunk driving defendant might face alcohol testing. Someone charged with a drug offense might be ordered into substance abuse treatment.
Electronic Monitoring
GPS tethers and alcohol-detection devices such as SCRAM bracelets are increasingly common bond conditions. Michigan law defines an electronic monitoring device broadly to include any electronic device used to track a person’s location or detect the presence of alcohol. Tampering with, removing, or circumventing an electronic monitoring device while it is a bond condition is a felony.8Michigan Legislature. MCL Section 771.3f
Domestic Violence Conditions
The rules are stricter in domestic violence cases. Under MCL 765.6b, the judge may impose protective conditions for named individuals, and the defendant must be informed on the record of every specific condition. Violating any of them can trigger a warrantless arrest and forfeiture or revocation of bail.9Michigan Legislature. MCL Section 765.6b
In domestic violence and assaultive crime cases, the judge may order the defendant to wear a GPS monitoring device. If the court does impose electronic monitoring, it must also prohibit the defendant from purchasing or possessing firearms.9Michigan Legislature. MCL Section 765.6b With the victim’s consent, the court can also order the defendant to provide the victim with a receiver that tracks the defendant’s location in real time.
Changing Bond and What Happens After a Violation
Bond is not fixed once set. Either side can move to change the amount or conditions. A defendant whose finances have changed, or who can present fresh evidence of community ties, can ask for a reduction. The prosecution can seek an increase if new information surfaces about dangerousness or flight risk. The judge weighs the same four statutory factors.
Revocation is a different matter. It comes into play when the defendant violates a condition, whether by missing a court date, picking up a new charge, contacting a protected person, or failing a drug test. The court can issue a bench warrant, and the prosecution must prove the violation by a preponderance of the evidence at a revocation hearing.6Michigan Legislature. MCL Section 765.6 If the violation is proved, bond can be revoked and the defendant sent back to custody. Any money on a cash or deposit bond is at risk, and a surety bondsman faces potential forfeiture of the full guaranteed amount.
Bond forfeiture follows a structured process under MCL 765.28. When a defendant fails to appear on a surety bond, the court must notify each surety within seven days, and the surety gets a chance to show why judgment should not enter. Absent good cause, the court enters a forfeiture judgment for up to the full bond amount.10Michigan Legislature. MCL Section 765.28 Violating what looks like a minor condition, such as missing a check-in or leaving the county without permission, can put the defendant back in jail with no bond at all and creates a record of noncompliance that follows the case through sentencing.
When Bail Can Be Denied Entirely
Article I, Section 15 of the Michigan Constitution guarantees that all persons are bailable before conviction, with narrow exceptions where the court can hold someone without bail if “the proof is evident or the presumption great.” Those exceptions cover people charged with murder or treason, and people charged with first-degree criminal sexual conduct, armed robbery, or kidnapping for ransom, unless the court finds clear and convincing evidence that the defendant is unlikely to flee or endanger anyone. A person with two or more prior violent felony convictions from separate incidents within the preceding 15 years can also be denied bail on a new violent felony charge.11Michigan Legislature. Michigan Constitution Article I Section 15 Outside those categories, the constitution prohibits excessive bail, and the question in any given case is which bond type the judge chooses and what conditions come with it.