In general, a person accused of a criminal offense is entitled to post interim bail to obtain release before arraignment. MCL 765.4; MCL 765.6. Const 1963, art 1, § 15 identifies offenses for which bail may be precluded “when the proof is evident or the presumption great[.]. See also MCR 6.106. However, “denial of bail on this condition is discretionary with the trial court upon a finding by the trial court that the proof of the defendant’s guilt is evident or the presumption of the defendant’s guilt is great.” People v Davis, 337 Mich App 67, 77 (2021) (concluding that language in MCL 765.5 expressly prohibiting bail to a person charged with treason or murder conflicts with Const 1963, art 1, § 15 and MCR 6.106(B)(1), because it curtails “the discretion granted the trial court in the constitutional provision and the court rule, and also curtail[s] the defendant’s right to pretrial release permitted by Const 1963, art 1, § 15”). The applicable procedures for bail depend on the nature of the offense and whether a magistrate is available to set the amount of bail.1 See Section 8.3(D) for additional information on interim bail.
Part C: Search Warrants2
1 In large part, the procedures for interim bail are the same as those for post-arraignment, pretrial bail. For a complete discussion of pretrial release and interim bail, see Chapter 8.
2 See Section 11.5 for information on the scope of a search warrant.