“Except as otherwise provided by law,[2] a person accused of a criminal offense is entitled to bail.” MCL 765.6. See also Const 1963, art 1, § 15. “In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.” United States v Salerno, 481 US 739, 755 (1987). “The right to release before trial is conditioned upon the accused’s giving adequate assurance that he will stand trial and submit to sentence if found guilty.” Stack v Boyle, 342 US 1, 4 (1951). “[T]he modern practice of requiring a bail bond or the deposit of a sum of money subject to forfeiture serves as additional assurance of the presence of an accused.” Id. at 5.
“At the defendant’s arraignment on the complaint and/or warrant, unless an order in accordance with this rule was issued beforehand, the court must order that, pending trial, the defendant be
(1) held in custody as provided in [MCR 6.106(B)];
(2) released on personal recognizance or an unsecured appearance bond; or
(3) released conditionally, with or without money bail (ten percent, cash or surety).” MCR 6.106(A).
Detainees. “Nothing in [MCR 6.106] limits the ability of a jail to impose restrictions on detainee contact as an appropriate means of furthering penological goals.” MCR 6.106(B)(6).
Juveniles. Except under specified circumstances where bail may be denied, “the magistrate or court must advise the juvenile of a right to bail as provided for an adult accused. The magistrate or the court may order a juvenile released to a parent or guardian on the basis of any lawful conditions, including that bail be posted.” MCR 6.909(A)(1).3
2. Everyone is entitled to pretrial release, except in certain instances discussed in Section 3.5.
3.MCR 6.909 applies to juvenile criminal proceedings in district and circuit courts. MCR 6.001(C).