Michigan Compiled Laws 175-1927-v Chapter V Bail (765.1...765.31)

• Section 765.1 Judges And District Court Magistrate Empowered To Let Accused Person To Bail; Recognizance For Appearance Of Accused Person.
  (1) A judge of the circuit court, of the recorder's court of the city of Detroit, of the traffic and ordinance division of the...
• Section 765.2 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
  Compiler's Notes: The repealed section pertained to admission to bail.
• Section 765.3 Judges Empowered To Permit Committed Prisoners To Post Bail; Notice To Prosecuting Attorney; Inquiry.
  A judge of the circuit court, the recorder's court of the city of Detroit, the traffic and ordinance division of the recorder's court of...
• Section 765.4 Admission To Bail; Procedure For Information, Same As Under Indictment.
  Any person who may, according to law, be committed to jail or become recognized or held to bail with sureties for his appearance in...
• Section 765.5 Admission To Bail; Persons Not Entitled.
  No person charged with treason or murder shall be admitted to bail if the proof of his guilt is evident or the presumption great....
• Section 765.6 Accused Persons Entitled To Bail; Amount Of Bail; Considerations And Findings; Surety Bond; Surrender By Defendant Of Operator's Or Chauffeur's License As Security; Receipt; Expiration Date; Extension; Written Notice; Return Of License.
  (1) Except as otherwise provided by law, a person accused of a criminal offense is entitled to bail. The amount of bail shall not...
• Section 765.6a Cash Bond Or Surety As Condition Of Granting Application For Bail.
  Before granting an application for bail, a court shall require a cash bond or a surety other than the applicant if the applicant (1)...
• Section 765.6b Release Of Defendant Subject To Protective Conditions; Contents Of Order; Purchase Or Possession Of Firearm; Entering Or Removing Order From Lein; Order To Wear Electronic Monitoring Device; Other Orders; Definitions; Authority To Impose Other Conditions Not Limited; "Lein" Defined.
  (1) A judge or district court magistrate may release a defendant under this subsection subject to conditions reasonably necessary for the protection of 1...
• Section 765.6c Bail; Cash Deposit; Use.
  If a defendant for whom bail or bond is required personally fulfills that requirement by a cash deposit, the defendant shall be notified that...
• Section 765.6d Release On Bail; Waiver Of Extradition.
  (1) Except as provided in subsection (2), the court may require an individual to sign a written waiver of extradition to this state before...
• Section 765.7 Permitting Defendant To Post Bail On Own Recognizance If Appeal Taken By Or On Behalf Of State; Exception.
  If an appeal is taken by or on behalf of the people of the state of Michigan from a court of record, the defendant...
• Section 765.8 Surety Or Bail Posted By Attorney Or Counselor Prohibited.
  A practicing attorney or counselor shall not become a surety or post bail for the appearance of a person charged with a felony, a...
• Section 765.9 Surety; Person Acting In Same Capacity On Other Bond.
  Any magistrate or judge of any court shall have authority in his discretion to refuse to accept as surety upon a bond any person...
• Section 765.10, 765.11 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
  Compiler's Notes: The repealed sections pertained to recognizance for offenses against municipal bylaws and ordinances, and to cash in lieu of bond.
• Section 765.12 Deposit Of Cash; Certified Check Or Certain Securities In Lieu Of Bond Or Bail; Right.
  In any criminal cause or proceeding where bond or bail of any character is required or permitted for any purpose, the party or parties...
• Section 765.12a Money Collected In Addition To Bail Or Bond Money; Disposition; Purpose.
  (1) A law enforcement agency that obtains bail or bond money from or on behalf of a person arrested pursuant to a warrant issued...
• Section 765.13 Depository; Receipt.
  Such cash, check or security shall be deposited with the clerk of the court, if under bond, or with the treasurer of the county,...
• Section 765.14 Deposit Of Cash; Filing Duplicate Receipts In Court, Effect.
  The filing of 1 of such duplicate receipts in the court in which such bond or bail is required or permitted to be filed...
• Section 765.15 Bail; Cash, Check, Or Security; Disposition Upon Forfeiture Or Discharge Of Bond Or Bail.
  (1) If bond or bail is forfeited, the court shall enter an order upon its records directing the disposition of the cash, check, or...
• Section 765.16 Subjection To Legal Process; Assignment.
  Cash, checks or securities deposited hereunder shall not be subject to garnishment or attachment. No assignment thereof shall be valid unless it be in...
• Section 765.17 Deposit In Special Fund; Interest.
  Any cash or securities received by any treasurer or clerk under the provisions of this chapter shall be deposited in a special fund, or...
• Section 765.18 Deposit Of Cash; Redemption Before Forfeiture By Substitution Of Bond.
  Any person, firm or corporation availing himself or itself of the provisions of this chapter may, at any time before forfeiture of the same,...
• Section 765.19 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
  Compiler's Notes: The repealed section pertained to construction of act.
• Section 765.20 Administering Oath To Proposed Surety To Ascertain Financial Condition; Requiring Surety Upon Criminal Recognizance To Pledge Real Estate; Value Of Surety's Interest In Real Estate; Executing Recognizance And Affidavit Of Justification; Form; Deposition Of Surety.
  (1) A judge listed in section 1(1) of this chapter or a district court magistrate may administer an oath to a proposed surety upon...
• Section 765.21 Surety On Recognizance; Attachment Of Lien; Record Notice Of Lien, Form, Effect.
  Upon the execution of any recognizance in the usual form and an affidavit of justification containing a description of real estate there shall immediately...
• Section 765.22 Surety On Recognizance; Discharge; Notice, Form.
  Whenever by the order of such court a recognizance in the above form shall have been cancelled, discharged or set aside, or the cause...
• Section 765.23 Surety On Recognizance; Register Of Deeds; Duty As To Notices Of Lien And Discharges; Fees.
  The register of deeds of the county in which such court is located shall properly keep and record all such notices of lien and...
• Section 765.24 Effect Of Chapter On Certain Recognizances; Order Releasing Lien.
  Nothing in this chapter shall be construed as limiting or qualifying in any way the power of any such courts or any of the...
• Section 765.25 Perjury In Affidavit Of Justification; Penalty.
  Any surety who shall swear falsely to any of the material facts set up in his affidavit of justification shall be deemed guilty of...
• Section 765.26 Release Of Surety; Arrest Or Detention Of Accused; Mittimus.
  (1) In all criminal cases where a person has entered into any recognizance for the personal appearance of another and such bail and surety...
• Section 765.27 Action On Recognizance; Technicality As Bar.
  No action brought upon any recognizance entered into in any criminal prosecution, either to appear and answer, or to testify in any court, shall...
• Section 765.28 Default In Recognizance; Record; Notice; Summary Judgment; Execution; Set Aside Of Forfeiture Order; Discharge Of Bail Or Surety Bond; Conditions.
  (1) If default is made in any recognizance in a court of record, the default shall be entered on the record by the clerk...
• Section 765.29 Witness In Criminal Case; Necessity Of Giving Bail For Appearance.
  A witness in a criminal case need not give bail for his or her appearance as a witness unless required to do so by...
• Section 765.30 Minor Or Material Witness; Recognizance.
  If a material witness in a criminal case is a minor, any other person may be allowed to recognize for the appearance of the...
• Section 765.31 Proceeding To Enforce Recognizance; Venue; Service Of Process.
  Any proceeding to enforce a recognizance taken, as provided in this act, may be brought in the county where the offense is charged to...

Last modified: October 10, 2016