COURT FOR THE COUNTY OF 
| Chapter 2: Bail |
Before conviction, a defendant is entitled to reasonable bail as a matter of constitutional and statutory right. People v Giacalone, 16 Mich App 352 (1969). The Eighth Amendment to the United States Constitution and Article 1, Section 16 of the Michigan Constitution provide that excessive bail shall not be required. Bail that is set at an amount higher than an amount reasonably calculated to give adequate assurance that the accused will stand trial and submit to sentence if guilty is excessive under the Eighth Amendment. Stack v Boyle, 342 US 1, 5; 72 SCt 1, 3; 96 LEd2d 3 (1951). No man should be denied release because of indigency, and an accused is entitled to release on "personal recognizance" where it is reasonable to believe that he will comply with the orders of the court. Bandy v United States, 82 SCt 11; 7 LEd2d 9 (1961).
The Michigan Constitution provides that all persons accused of crimes are entitled to bail. Const. 1963, art. 1, §15. Bail can only be denied, under the following circumstances, when the court finds that proof of the defendant's guilt is evident or the presumption great:
1. the accused has been convicted, within the fifteen years immediately preceding the motion for bail, of two or more violent felonies in Michigan or any other state if the prior convictions arose out of two separate incidents, events, or transactions;
2. the accused is indicted or arraigned on a warrant charging murder or treason;
3. the accused is indicted or arraigned on a warrant charging first-degree criminal sexual conduct, armed robbery, kidnapping with the intent to extort money or other valuable thing, unless the court finds by clear and convincing evidence the accused is not likely to flee or present a danger to anyone; or
4. the accused is indicted or arraigned on a warrant charging a violent felony allegedly committed while the accused was on bail or was on parole or probation as a result of a violent felony.
Trial must begin within 90 days of the date on which your client is denied bail.
If your client falls into one of these categories, remember that the bail hearing requires a showing of a strong presumption of guilt. You should not accede to a hearsay recitation by a police officer on this subject: use the bail hearing as an opportunity to cast doubt on the prosecution's case (and perhaps get bail set) and learn more about the quality of its proofs.
When determining bail the court takes into account the following factors:
1. the seriousness of the offense charged;
2. the protection of the public;
3. the previous criminal record and the dangerousness of the accused; and
4. the probability or improbability of the accused appearing at trial.
MCL 765.6; MSA 28.893.
Bail orders may contain protective conditions reasonably necessary for the protection of one or more named persons. MCL 765.6b; MSA 28.893(2).
1. prior criminal record, including juvenile offenses;
2. record of appearance or nonappearance at court proceedings or flight to avoid prosecution;
3. history of substance abuse or addiction;
4. mental condition, including character and reputation for dangerousness;
5. seriousness of the offense charged, presence or absence of threats, and the probability of conviction and likely sentence;
6. employment status and history and financial history (as they apply to defendant's ability to post money bail);
7. availability of responsible members of the community who would vouch for or monitor the defendant;
8. facts indicating defendant's ties to the community, e.g. family ties and relationships, and length of residence; and
9. other facts bearing on risk of nonappearance or danger to the public.
The trial court must state its reasons for its decision on the record, unless the defendant is released on personal recognizance. The defendant must be given the opportunity to correct any errors and present any additional evidence. A record must be made. MCR 6.106; People v Spicer, 402 Mich 406 (1978).
2-3 Bail On Misdemeanor Arrest
Under MCL 780.581 and 780.582; MSA 28.872(1) and 28.872(2), your client is entitled to bail for misdemeanor arrests made with or without a warrant.
Your client cannot be released on bond or on personal recognizance until he has been arraigned before a magistrate. MCL 780.582a; MSA 28.872(2a). "If a magistrate is not available, or immediate trial cannot be held within 24 hours," your client will be held for 20 hours and released on interim bond as provided for by MCL 780.581; MSA 28.872(1), or released on his own recognizance as provided for by MCL 780.583a; MSA 28.872(2a).
However, your client cannot be held more than 28 days on a misdemeanor charge. If your client has
been incarcerated for more than 28 days on a misdemeanor charge, your client is entitled to release
on his own recognizance.
The "interim bond" is a sum determined by the arresting officer not to exceed the maximum fine for the offense but not less than 20% of the minimum possible fine. MCL 780.581; MSA 28.872(1). Interim bond is not available if your client:
1. is wanted on another charge;
2. is under the influence of intoxicating liquor and/or controlled substance(s);
3. is unable to demonstrate his identity; or
4. it is otherwise unsafe to release him.
MCL 780.581(3); MSA 28.872(1)(3).
MCL 780.65(1); MSA 28.872(55)(1), provides that: "[u]pon application by the state or a local unit of government or the defendant the court before which the proceeding is pending may increase or reduce the amount of bail or may alter the conditions of the bail bond." The party must give the other party "reasonable notice." MCL 780.65(2), (3); MSA 28.872(55)(2), (3). The state or local unit of government does not need to give reasonable notice if your client breaches or threatens to breach any of the conditions of the bail bond. MCL 780.65(4); MSA 28.872(55)(4). This is only possible after a verified application to the court stating the facts or circumstances on which this belief is based.
Courts consider the same factors in determining whether to reduce bail, as are considered in setting bail. People v Smith, 152 Mich App 756 (1986).
You can appeal immediately after denial of a motion to reduce bail. United States v MacDonald, 435 US 850, 855; 98 SCt 1547, 1550; 56 LEd2d 18 (1978).
2.4 Motion for Bail Reduction [Download: WP | Word | PDF]
COURT FOR THE COUNTY OF
_______________________________
PEOPLE OF THE
STATE OF MICHIGAN,
Plaintiff,
vs
No. 
Hon. 
,
Defendant.
_______________________________/
, by 
attorney, moves this Court to reduce 
bail. This motion
is based on the Eighth Amendment to the United States Constitution, Article 1, Section 15 of the Michigan
Constitution, and the following reasons:
1. On 
, 
was arraigned on 
.
.
2. Bail was set at 
dollars.
3. The Eighth Amendment to the United States Constitution and Article 1, Section 16 of the Michigan Constitution provide that excessive bail shall not be required. US Const, Am VIII; Const 1963, art 1, §16.
4. Bail that is set at an amount higher than an amount reasonably calculated to give adequate assurance
that the accused will stand trial and submit to sentence if guilty is excessive under the Eighth
Amendment. Stack v Boyle, 342 US 1, 5; 72 SCt 1, 3; 96 LEd2d 3 (1951). 
bail is
excessive.
5. Reduction of 
bail is appropriate because
For these reasons, 
requests that this Court grant 
motion for bail
reduction.
Respectfully submitted,
Attorney for Defendant