8.1Purpose and Overview of Bail and Bond
The primary purposes of requiring bail or bond are to ensure that the defendant appears in court and to ensure the safety of the public. See MCR 6.106.1
At the defendant’s first appearance before the court, the magistrate or judge must order that the defendant be held in custody or released pursuant to MCR 6.106. MCR 6.106(A). There are three types of bail for which a bond is required: cash bail (which includes the posting of 10 percent), secured bail, or unsecured bail (personal recognizance). Denial of pretrial release is permitted only under certain circumstances, discussed in detail in Section 8.4. MCR 6.106(B). If the defendant will be released, the court must determine whether or not he or she will be released on his or her own recognizance or whether bail is required and, if required, establish an amount of bail. MCR 6.106(A). Generally, the court must order release on personal recognizance or on an unsecured appearance bond. MCR 6.106(C). Release on personal recognizance is discussed in Section 8.3(A). The court must make specific findings in order to impose conditions on release and in order to release a defendant on money bail. MCR 6.106(D)-(E). “If the court determines for reasons it states on the record that the defendant’s appearance or the protection of the public cannot be otherwise assured, money bail, with or without conditions described in [MCR 6.106(D)], may be required.” MCR 6.106(E). Conditional release, discussed in Section 8.3(B), and release on cash or secured bail (money bail) is discussed in Section 8.3(C).
The decision whether to grant pretrial release is made after considering various factors, some of which are outlined in MCR 6.106(F)(1), discussed in more detail in Section 8.5.