Bail in Michigan – Gerald R Stahl is Grand Rapids criminal defense lawyer
What is Bail?
In general the Michigan Constitution provides that all defendants are entitled to bail as a matter of right. However, pretrial bail may be denied in murder cases when proof of defendant’s guilt is evident or the presumption is great. Because a person has a fundamental interest in freedom and liberty, pending trial, bail cannot be denied arbitrarily.
Generally speaking, the purpose of bail is to secure someone’s presence at all Court hearings. If a Trial Court denies bail, they must put the reason or rational for the denial on the record. In certain instances the Court will evaluate the strength of the evidence against the defendant in deciding whether or not to set bail.
Factors that Determine Where Bail Will be Set
Items the Court routinely considers in setting bail include:
- The relationship with the defendant to the community
- The seriousness of the charge against the defendant
- The prior criminal record of the defendant
- The defendants failure to appear at previous Court hearing
- The defendants employment history or employment record
- The family of the defendant in the area
- Any and all the factors the Court deems necessary or irrelevant to secure the defendants presence in Court
In certain instances, the Court will require a defendant released on pretrial bail to refrain them from contact with certain victims or parties who may provide testimony against the defendant. The Court may also require the defendant to report while out on bail to either a Probation Department or Court Services Department. The Court may also require a defendant to surrender passports and provide other information prior to pretrial bail release.
If you have a Case involving Bail, “Better Call Stahl”
Gerald R. Stahl is a West Michigan criminal defense lawyer that has defended people charged with crimes ranging from homicide to drunk driving for over 30 years. His office is conveniently located on East Beltline near Knapp’s Corner and the 63rd District Court.
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