Can You Get Your Bail Money Back?

money & hammer signifying court costs or bail

About Michigan Bail Bonds

Getting in trouble with the law is never a fun situation, and it can be an expense that most of us don’t have the financial means to experience, starting with the first step of posting a bail bond. There are several types of bail bonds issued depending on the person and the charges they were arrested for.

Main Types of Bail Bonds in Michigan

The main types of bail bonds in the state of Michigan are: 

• A Cash Bail Bond: This is a money-guaranteed bond posted by or on behalf of the defendant that they will appear in court as directed and required. The full amount of the bail bond is due payable to the courts before the defendant is released from custody.

• The 10-Percent Bail Bond:  This is the more commonly known type of bail bond where the defendant or somebody on behalf of the defendant pays either the court or a bail bond agent ten percent of the full amount the judge has set as bail. It is a guarantee to the courts by the defendant that they will appear before the court as directed and required. If the defendant doesn’t show up for court dates, the remaining ninety percent will need to be paid and the defendant will be returned to jail.

• A Surety Bail Bond: Of the different bail bonds available, this one is a promise of a bail bonds agent that the defendant will appear in court as directed and required. The bail bonds agent must provide the court proof that they have sufficient financial resources to pay the court the full bail amount if the defendant skips bail, aka, doesn’t appear in court as instructed and required. 

For those that have never paid for any type of bail bonds, and for the person arrested, the main concern is getting bail bond refunds, and the question they will ask a bail bond agent, or the court is, “How do you get your bail money back?” This can vary between the different types of bail bonds, from city to city and state to state, as well as the criminal charges against the defendant. 

In Michigan, all bail bonds posted for any criminal felony case will be refunded by the Circuit Court Clerk’s Office once the case has concluded or the bond is canceled. Bail bond amounts are refunded less any court costs and fees. 

How do you get your bail bond back?

For any bail bonds to be refunded, the defendant must appear before the court clerk and have valid photo identification. The clerk will confirm if the bond amount is returnable, and a check will be issued to the person that posted the bond within seven to ten days.

court and money on gavel signifying court or bail costs

Can you get your bail payment refunded?

The full amount of the bail set by the arraignment judge must be paid in order for the defendant to be released. If the full amount of bail bonds are paid, the full amount will be refunded once the case is completed, no matter the outcome and verdict.

If the services of a bail bond agent are used for bail bonds, a fee is charged by the agent and the agent will pay the courts the bail bond amount. Once the defendant has met all requirements and appearances when the case is concluded, the bail bond agent will be reimbursed their money and any monies paid by or on behalf of the defendant will be returned, less their fee. 

How much of a bail bond is non-refundable?

In Michigan, the first option of bail bonds is a Cash/Surety Bail Bond. If the judge sets the bail at $10,000, the full amount must be paid by the defendant or a representative on behalf of the defendant. The full amount will be refundable less any court costs or fees.

If the defendant isn’t able to pay the full amount, the services of a bail bonds agent can be used. The bail bonds agent will post the bail on their behalf, charging the defendant or representative a deposit or fee, typically ten percent of the bail amount. The fee is non-refundable.

Are only cash bonds refundable?

Yes, in the state of Michigan, any cash or surety bail bonds posted on behalf of the defendant will be refunded less any fees and court costs once the case has been completed and the verdict handed down.

What happens to your bail if your court case is completed?

If the defendant has met all requirements of the courts, appearing before the judge, and attending any required classes, the bail is refunded less any court costs and fees. 

Closing Statement

Being released on bail can be a relief, but it can get complicated, and it will be costly. With bail bonds being posted, there are many strings attached with hoops to jump through, and if you miss any of those, your bail bond may not be refunded. 

The following are reasons bail bond may not be refunded: 

  • Failure to Appear

Also referred to as jumping bail is when the defendant doesn’t appear before the courts as instructed and required. Bail will be revoked by the judge and an arrest warrant issued.

  • Rearrest

A defendant released on bail bonds is rearrested for committing a crime, even if proof is shown they did not commit the crime, the bail bond will be revoked by the judge.  

  • No-Contact Violation

One of the strings attached to bail bonds is the defendant is not allowed to be in contact with certain people and certain areas. If they are found to have committed these things, bail bonds are revoked.

  • Failed Drug Tests

While out on bail, a defendant may be required by a bail bond agent to submit to drug testing. Failure of these tests will result in bail bonds being revoked.

You Call Bail Bond Agency helps with bail bonds in Mt. Clemens and Troy, MI. Call 844-YOU-WALK today for more information.

What Are The Different Types of Drug Crimes?

hands exchanging drugs for cash

Higher Bail for Repeat Offenders

The State of Michigan is like all the others in the country in trying to crack down and getting tougher on drug arrests. Starting with tightening the laws and setting the drug charge bail amount higher. The thought of higher bail amounts is to be a deterrent for repeat offenders as well as first-time offenders, including drug paraphernalia charges. 

What are the penalties for drug possession?

When it comes to drug charges in Michigan, there are several different types with varying degrees of penalties. The drug charge bail bonds and the penalties if found guilty will depend on the drug substance, the amount in question, and other factors. Here are the more common charges and possible penalties:  

  • Marijuana Possession: Is punishable by a maximum of 1 year of jail time and a maximum of $2,000 in fines.
  • Marijuana Distribution: For 5 kilograms or less, a maximum of 4 years jail time and a maximum of $20,000 in fines.
  • Possession of Prescription Drug:  Depending on the substance and amount, the drug charge bail will vary, and the penalty will vary if found guilty. Schedule I or Schedule II has a maximum penalty of 4 years of jail time and a maximum fine of $25,000. 
  • Distribution of Prescription Drug: Depending on the substance and amount, the drug charge bail will vary, and the penalty can be a maximum of 40 years jail time and a $25,000 maximum fine. 
  • Possession of Methamphetamine: This is a felony offense, and the drug charge bail amount will be based on felony charges regardless of the amount possessed. Possible sentencing maximum of 10 years prison time and a maximum $15,000 fine.
  • Distribution of Methamphetamine: The State of Michigan considers this to be a serious offense, drug charge bail may not be granted at arraignment. Possible punishment maximum of 20 years and a maximum fine of $25,000. 
  • Heroin Possession Any amount under 50 grams can be punished with a maximum of 4 years jail time and a maximum of $25,000 in fines. 

If the judge grants drug charge bail for other drug arrests such as Possession of Adderall, Distribution of Adderall, Possession of Cocaine, Distribution of Cocaine, Possession of Ecstasy, Distribution of Ecstasy, Possession of Analogues, Possession of Peyote, LSD, or Schedule V Substance, it will be a high amount with tight restrictions. The penalties can range from 10 years to 20 years in prison with fines between $2,00 and $15,000 or more. 

Can you be charged for buying drugs in the past?

State and Federal laws will be applied for any type of drug arrest, including starting with the drug charge bail amounts. There are 2 major categories of drug crimes in the State of Michigan:  

  • Felony Drug Charges
  • Misdemeanor Drug Charges

The difference between a felony drug charge and a misdemeanor drug charge is dramatic when it comes to posting drug charge bail and the conviction if found guilty. From the fine to the jail sentencing, finding a lawyer for drug charges with experience is recommended, even before posting a drug charge bail. 

An experienced defense attorney can post the bail for you in most cases and will have the knowledge of what the next steps will be.  They can guide you through the process and if found guilty, they can work to get your sentencing reduced.

drug arrest

What is a felony drug charge?

In the State of Michigan, felony drug charge bail and possible sentencing as a felony can be for any of the following: 

  • Possession of Cocaine
  • Possession of Ecstasy
  • Possession of Heroin
  • Possession of Methamphetamine

Any drug charge offense that involves the delivery of a controlled substance, or possession with intent to deliver the same drug will be classified as a felony with drug charge bail set accordingly.

What is a legend drug charge?

This drug charge and the drug charge bail amount is for any drug that requires a prescription and you’re in possession without a legitimate prescription in the defendant’s name. 

Can drug charges be dropped?

With an experienced defense attorney, drug charges being dropped are possible. The prosecution will present their side which will include their evidence. The defense attorney will work to disprove that evidence and use the defendant’s criminal history and standing in the community as a means to show dropping the drug charges is a valid request. 

How much is jail time for a felony drug charge?

In Michigan, A felony conviction for drug charges could carry a fine in addition to a minimum of 1 year of prison time. Once released from prison, the right to own a firearm, vote, purchase a house or be granted a loan is voided. In a case of severe drug charges, life in prison is possible. 

A Closing Question – Can you be charged if you fail a drug test?

A driver that is found to be under the influence of a drug can be tested and charged with OWPD (Operating with the Presence of Drugs). The State of Michigan handles this as a serious charge and the defendant is at risk of being charged with possession if drugs are found in the car. 

The possible penalties of OWPD in Michigan if convicted include:

  • First Offense: 90 days jail time, a $500 fine, and driver’s license suspended. 
  • Second Offense: 1 year jail time, a $1,000 fine, and driver’s license revoked. 
  • Third Offense: 5-year prison time, a $5,000 fine, and driver’s license revoked. 

A third offense becomes a felony charge.

You Call Bail Bond Agency helps with drug charge bail in Mt. Clemens and Troy, MI. Call 844-YOU-WALK for assistance.

What Happens to First-Time DUI Offenders?

judge's gavel and a book titled DUI law

Dealing With a DUI

Just like the rest of the country, the Mt. Clemons and Troy, Michigan areas take Driving Under the Influence seriously, leading to more arrests and convictions. This has led many people to hire a DUI lawyer to help them navigate the legal process. 

Is it worth getting a lawyer for a DUI?

When anyone gets arrested, their first thought is, “How can I get out of here?”, and that is where a DUI lawyer can help. Yes, you can wait to be arraigned and have bail set, then have somebody hire a bail bond agent to get you out of jail. 

But hiring a DUI lawyer instead will do more than get you out of jail then. They can help guide you through the critically important legal issues of the penalties, punishment, and negative consequences.  

Having a DUI lawyer on your side will help navigate the process that could have you on probation versus serving time behind bars and any possibility of losing your driver’s license and more

How do I find the best DUI lawyer?

Here in the United States, 2012 saw over 1 million drivers arrested for driving under the influence. That equates to 1 of every 165 licensed drivers. These numbers make a glaring proof of why DUI lawyers are busy.

A DUI will impact your life immediately, starting with your daily life, like losing your driver’s license and possibly your job. This is why finding an experienced DUI lawyer is important, but how do you find a DUI lawyer and know that you’ve got the right one? 

There are several resources available, starting with personal recommendations of family, friends, or co-workers that have gone through the same thing. If you think you don’t know anyone that has needed a DUI lawyer, this will tell you how good that lawyer was! There are National Associations and State Bar Associations with every licensed lawyer listed too. Or if you have ever had to hire a lawyer for other reasons, contacting them for a referral can help too. 

How much does it cost to hire a lawyer for a DUI?

When you’ve been arrested for a DUI, hiring a lawyer can be critical in getting you through the process with the least number of repercussions possible. And you will pay substantially for the experience of a DUI lawyer, but if they can save your job, keep you licensed to drive, and your life as normal as possible, it will be worth the $1,000 to $25,000 for experienced defense.  

What if I can’t afford an attorney for a DUI?

There are a couple of options you can take if you’re not able to pay for a DUI lawyer: 

  • Defend yourself. This isn’t the best choice and is typically not advised by anyone. With an experienced DUI lawyer, you won’t have any help navigating the legal process and stand a chance of paying high fines and losing driving privileges. You may find yourself getting an ignition interlock installed, at your expense, and having to self-test every time you get behind the wheel. 
  • Public Defender. The court will advise you that if you cannot afford an attorney, one will be assigned to you. This is a Public Defender who is paid by the government to represent low-income individuals. Their fees are either reduced or waived, and many DUI lawyers offer a payment plan. 

Will a first-time DUI ruin my life?

It certainly can, especially without an experienced DUI lawyer on your side. A first-time DUI will usually be filed as a misdemeanor, but depending on the situation, it could be filed as a felony which will have more severe consequences. With an experienced DUI lawyer, it can make a lot of difference in how the charges are filed. For a first DUI arrest, some of the ways your life will be affected are: 

  • Financially: Your bank account will get the first line of repercussions, including hiring a DUI lawyer or posting bail. Other ways your finances can be affected by a DUI are:
    • Auto insurance rates increased, or policy canceled. 
    • Loss of driver’s license or restricted driving times. 
    • Vehicle impound and towing fees. 
    • Required DUI school at your expense. 
    • DUI fines, court costs, and DUI lawyer fees. 
  • Career:  A DUI can have an immediate effect on your employment by missing work while you’re in jail. The time you’ll need to take off for future court dates, probation officer, etc. If you drive for a living, you could lose your job because you’ll be considered high risk on the company’s auto insurance. 
  • Freedom: A DUI conviction will have several restrictions in place that can affect your personal freedom, even without jail time. You could be placed under house arrest, meaning you cannot be outside of your home during certain hours. 
  • Driving: A common result of a DUI arrest is loss of license. This can keep you from going to work, school, grocery stores, church, etc., on your own. You’ll have to rely on public transportation or get rides from family and friends. 

Why is a DUI a crime?

We stated stats earlier in this article from 2012 resulting in DUI arrests. In 2017, there were almost 11,000 deaths caused by drunk driving according to the NHTSA (National Highway Traffic Safety Administration). That is almost 11,000 people with families and friends left behind to deal with losing them. 

Over the last 30 years, DUI arrests have grown along with the number of alcohol-related traffic deaths. Every year, we’ve seen over 300,000 people injured in these accidents caused by somebody with a blood alcohol level over .08%. 

Not only is the person arrested for DUI affected monetarily, but those who are left behind to mourn the loss of a loved one are facing financial expenses too. The local government, state, and even at a federal level must spend more money, as much as $40 billion in 2010, for many different consequences that reverberate for years. 

How bad is a second DUI?

If you are arrested for a second DUI in Michigan, you definitely need an experienced DUI lawyer on your side to navigate the possible penalties including: 

  • Maximum 1 year prison time 
  • Maximum fine up to $1000
  • Maximum 1-year suspended license 

Can you beat a third DUI?

Usually not – it will take the experience and skills of a DUI lawyer to try and get the charges beat. A third DUI offense in Michigan is handled as a felony, resulting in immediate 30 days of jail time, loss of gun rights, and loss of voting rights. Other possible punishments can include: 

  • A fine up to $5,000
  • Imprisonment up to 5 years
  • Probation
  • Community service up to 180 days
car keys, handcuffs, and a glass of alcohol

In Closing 

Don’t drive if you’ve been drinking; that is the best advice anyone can give and anyone can follow. If you have been drinking and are arrested on DUI charges, hire a DUI lawyer that has a reputation for knowing how DUI get dismissed and minimizing the impact you’ll have afterward.

How serious is a drug paraphernalia charge?

various drugs and drug paraphernalia

How serious is a drug paraphernalia charge?

Michigan has some of the toughest laws when it comes to drug charges. And as serious as the drugs themselves are, possessing drug paraphernalia is a serious crime too. There are many questions and misunderstandings when it comes to what constitutes an arrest on drug charges. We are going to address some of those and provide answers that can clear up some of those misunderstandings. 

Do you get drug tested for a paraphernalia charge?

In the state of Michigan, possession of drug paraphernalia can constitute arrest on drug charges and lead to you facing criminal penalties. The arresting officer can determine if the subject is under the influence and order drug testing accordingly. 

Drug paraphernalia can include any of the following: 

  • Bongs
  • Needles
  • Pipes
  • Inhaling devices
  • Materials for crack cocaine, meth, or other illegal narcotic manufacturing
  • Scales
  • Heat lamps
  • … and more

In essence, drug charges can be for paraphernalia that enables a person to distribute, grow, manufacture, or ingest cocaine, heroin, marijuana, methamphetamines, or any illegal drug. 

A conviction of drug charges due to possession of drug paraphernalia can be fined a maximum of $500, and jail time up to 93 days. Sentencing is not optional for a judge, resulting in a misdemeanor conviction and a criminal record. Selling drug paraphernalia is a more serious drug charge that can result in a fine of up to $5000 in addition to jail time upwards of 93 days. 

How do you beat a drug paraphernalia charge?

Anyone arrested on drug charges for possession, distribution or selling drug paraphernalia should find an experienced criminal defense lawyer. Without the help of a lawyer, the conviction and penalties can be severe and will have a serious impact on your future. Some possibilities an experienced criminal defense lawyer may use to beat the paraphernalia drug charges are: 

  • Lack of Knowledge: The arrested person may have had possession of an item considered drug paraphernalia and wasn’t aware that was the purpose of the item. In this case it’s important that you do not use it for drug-related purposes, and you were unaware that someone else did so. 
  • Not the Owner: Anyone with drug charges for possession of drug paraphernalia that wasn’t theirs will find this is a common defense in Michigan. If the lawyer can prove this to be true, the paraphernalia drug charges could be dropped. 
  • Legal use: There are drug paraphernalia items that have legal uses, and anyone arrested on drug charges for possession of these has a solid defense that will likely get the charges dropped. 
  • Legal possession for controlled substance use: A qualified medical marijuana patient, or the caregiver, has the legal right to possess certain drug paraphernalia to be used for cultivating or use. 

What is a drug conspiracy charge?

Conspiring in a crime is taken just as seriously as the crime itself in Michigan. The person faced with conspiracy drug charges doesn’t have to be active in drug dealing or drug trafficking. Simply conspiring with people that are distributing an illegal substance is considered a drug conspiracy. 

How serious is a misdemeanor drug charge?

Misdemeanor drug charges in Michigan are faced with a one-year maximum in jail time and a maximum fine of $1,000. If they are convicted on misdemeanor drug charges, it could have an effect on current or future employment opportunities, housing, and more. 

What happens if a minor gets caught with drugs?

For any person under the age of 18 years old, the case will be referred to the juvenile courts. These drug charges are less than a misdemeanor in the state of Michigan but will be faced with penalties and consequences. 

How do you beat a drug possession charge?

The state of Michigan has a “7411” statute that applies to first-time drug offenses that can often be used to beat drug charges. A reputable criminal defense lawyer is the best source for help in using the “7411” defense. 

How can a drug charge be dismissed?

As soon as one is arrested on drug charges, hiring a criminal defense lawyer should be a priority. They will know how to work the system and utilize the Constitution of the United States as a defense. The most common approach is claiming the Fourth Amendment was violated with the search and seizure that lead to the arrest of drug charges.

Other constitutional violations that experienced criminal defense lawyers use are the Fifth, Sixth and Eighth Amendments of the United States Constitution. The right to remain silent and the right to counsel are two defenses that every person arrested on drug charges should utilize. 

woman slumped on a sofa with drug paraphernalia in the foreground

A Final Few Words on Drug Charges

A common concern for anyone arrested on drug charges is “Can you get a job with a drug charge?” Your current employment and any future employment could be jeopardized once you have drug charges on your record. It will depend on the employer and what the drug charges state. A conviction of the drug charges is worse than if the drug charges are dropped.

Another common concern is, “Will a drug paraphernalia charge show up on background checks?“ And the answer to that is dependent on what type of background check is run by the employer. A background check for a felony conviction will not show any paraphernalia drug charges. A background check for misdemeanors and felonies could reveal a paraphernalia drug charge.

Do employers care about misdemeanor drug charges?

close-up of an individual lighting a marijuana blunt

Are drug charges misdemeanors?

While there is the limited legalization of marijuana in most states now, there are still employers that require drug testing and checking criminal drug charge backgrounds. If any prospective employee has ever had bail bonds for drug charges, it will show up on a background check in Michigan and many other states. 

Every state in the union varies in how they handle arrests for drugs, including the amount for bail bonds for drug charges. In the state of Michigan, controlled substance arrests are typically classified as misdemeanors. A felony drug charge would include possession of the following: 

  • Cocaine
  • Ecstasy
  • Heroin
  • Methamphetamine 

All drug-based offenses that involve the delivery of a controlled substance, or the possession of controlled substances with intent to deliver, are classified as felony drug charges. If the arraigning judge sees fit, they can set an amount for bail bonds for drug charges or deny bail. 

A misdemeanor in Michigan is defined as a drug offense that can be penalized with 12 months in jail. A felony drug charge is defined as a drug offense with a minimum 1 year and up to a life sentence in prison. Other implications that can be associated with a felony drug conviction are the right to own or possess a firearm being taken away. 

When it comes to drug charges for juveniles in Michigan, typically a first-time offense, the judge will likely require the juvenile to do any of the following: 

  • Seek counseling
  • Rehabilitation program
  • Probation

There is possible removal of criminal charges from one’s permanent record once these things are completed. However, it should never be assumed this will be the outcome. When a juvenile is arrested and has posted bail bonds for drug charges, the legal guidance of an experienced defense attorney is recommended. Factors that can change a juvenile drug charge from a misdemeanor to felony include: 

  • The amount of the drug 
  • The type of drug
  • The juvenile’s age (the closer to 18 one is, the stiffer the penalty)

In Michigan, employers are still able to check for an applicant’s criminal records as part of their background check for some positions as they evaluate the applicant’s qualifications. For instance, an arrest and conviction for theft can make it difficult to obtain a job where cash is involved in the job. 

If you have had had any bail bonds for drug charges, that may or may not show up on a background check if there has not been a conviction and time served. Any person that has a criminal background on record and is having trouble finding employment should seek the advice of a criminal defense attorney. There is some difference in how getting a job with a misdemeanor drug charge should reflect on a person’s record compared to that of a felony drug arrest and conviction. 

What drug charges are felonies?

In Michigan, there are varying degrees for the many different drug charges a person can be arrested and convicted. The severity will be based on the amount and type of drug substance along with other factors. 

Bail bonds for drug charges will be determined by the judge for the following is a partial list of common charges and the penalties associated with the offenses: 

  • Possession of Cocaine
    A schedule II drug that possession of can be punished as felony for less than 50 grams with a maximum of four years in prison and fines up to $25,000. Any larger quantity will carry a stiffer penalty. 
  • Distribution of Cocaine
    A schedule II drug, possession and intent to sell is charged as a felony. Punishment can start at 20 years jail time and/or fines up to $25,000 for less than 50 grams. A larger quantity will have stiffer penalty. 
  • Possession of Ecstasy
    Regardless of the amount of ecstasy, the punishment is prison time of a maximum of 10 years and/or fines upwards of $15,000. As with other drug charges, the higher the amount of possession, the stiffer the penalty. 
  • Distribution of Ecstasy
    This is a felony drug charge for any amount between 50 and 450 grams and results in up to 20 years prison time with fines of a maximum of $25K. With more possession of this schedule I drug, there is a substantial increase in penalty. 
  • Possession of Methamphetamine
    A felony drug offense, possession of any amount will be sentenced a maximum of 10 years in prison with fines maximum of $15,000.
  • Distribution of Methamphetamine
    Possession with the intent to distribute methamphetamine is serious in Michigan, and an individual faces 20 years prison sentence and a $25,000 fine. 
  • Possession of Analogues aka Designer Drugs
    Possession arrest will be punished by up to two years in prison with $2,000 in fines.

How much jail time for a felony drug charge?

If a judge grants bail and the defendant is released by posting bail bonds for drug charges, a felony offense for any amount of possession in the state of Michigan can result in up to ten years prison time with a $15,000 fine. 

Why are drug charges so severe?

The intention of the Michigan court system is to impose serious sentencing that includes possible prison time and fines, is to discourage drug use. As more people are being arrested and posting higher bail bonds for drug charges, or being denied bail altogether, it is the court’s hope that more people will see this as an unpleasant experience and derail them from buying, selling, or using.

How can drug charges be dropped?

With an experienced defense attorney, they will research the case from the moment of arrest, the defendant’s criminal history. They will look for flaws on the arrest process or weak spots that gives them ground to have the charges dropped or downgraded. 

Can drug charges be expunged?

The state of Michigan has implemented new laws for expunging drug arrests. Over time, the new expungement laws have been phased in and applications for expungement of a misdemeanor marijuana conviction were able to be filed as of April 11, 2021. 

close-up of a pile of ground marijuana

One Last Question – A Common Concern

Can you buy a gun with a misdemeanor drug charge? With a misdemeanor drug charge, you are able to still purchase or own a firearm in the state of Michigan. With a Class A misdemeanor domestic violence conviction, it falls under federal law and prohibits the purchase or ownership of a firearm.

Can you get a DWI off your record?

Handcuffs and keys next to a glass of alcohol.

The Lasting Penalties of a DWI

DWI and DUI are both things you do not want on your record and for several reasons. Over a million drivers in America were arrested in 2010 for a DUI or a DWI, yet not everyone in Michigan understands the difference between these two different charges. If you need to be bailed out, you will quickly find out the difference between bail bonds for dwi and bail bond for DUI.

DUI refers to Driving Under the Influence of alcohol or drugs. DWI refers to Driving While Intoxicated or Impaired. And while they are similar, in the State of Michigan, there are differences that will determine the outcome of your arrest and if you need a DUI bail bond or a DWI bail bond

How much is bail for a DWI?    

In any state – and Michigan isn’t any different – a DWI or DUI arrest can turn your life inside out and upside down. Just one more drink and you could see jail time, pay a lot of money for various things, have your driving privileges revoked or temporarily suspended, and create a permanent criminal record. While this can leave you with a helpless feeling, the right attorney with DWI/DUI experience can help you navigate this situation. 

In Michigan, a DUI (driving under the influence) is referred to as an OWI (operating while intoxicated) or OWVI, (operating while visually impaired). Penalties for an OWVI are more lenient because the officer involved only had a visual of your appearance and behavior. An OWI arrest is when the law enforcement has hard evidence, like a breathalyzer test. The DWI bail bond will cost more money than a DUI bail bond because of the severity of the charges. 

But a DWI bail bond is only one part of the financial impact you’ll experience. These are some of the expenses you can expect with a DWI/OWI arrest: 

  • Bail Bond – To be released from jail, the DWI bail bond can cost from $200 up to $5,000.
  • Court Costs – This can start at $25 and go up to $1500 based on how your case is determined.
  • Fines – For a first DWI/OWI offense, you can expect a fine of $1,600. A second offense is $4,000 and for a third conviction, the fine is $10,000
  • Required alcohol education course – While the court will mandate this, you will pay between $50 up to $185 yourself
  • Ignition interlock device – Another court ordered requirement that you will be required to pay for is the installation of this device. The installation can cost up to $200 and then there is a monthly rental fee for the device that can cost up to $100
  • Reinstatement of Driver’s license – This can cost anywhere from $85 up to $125
  • Attorney fees – Depending on your case, this can cost a few hundred up to thousands of dollars

After your hearing, jail time (if any) and release back into the community, the expenses will keep adding up. Your auto insurance rates will increase, and if your driver’s license is revoked, you could be faced with the cost of public transportation. If you lose your driver’s license and your job requires driving, you will most likely lose your job and have trouble finding another. What may start out with just a DWI bail bond can in the state of Michigan end up costing you thousands and thousands of dollars over time. 

Can a DWI be taken off your record?

In 2012, the laws regarding expungement in Michigan changed. Whereas once all traffic offenses were ineligible for expungement with only a few exceptions, more are now eligible. Those ineligible for expungement include: 

  • A second DUI or a subsequent conviction for an OWI or OWVI. The first DUI conviction can be expunged.
  • A person arrested for a traffic offense while holding a CDL endorsement whilst operating a commercial vehicle.
  • Any traffic offense resulting in death or serious bodily injury.

There is no requirement for removing the conviction aside from a traffic offense conviction to be expunged from the defendant’s driving record. The traffic offense remains on the defendant’s driving record.

How much does it cost to get a DWI off your record?

The cost to have a DWI or DUI expunged in Michigan can be $500 or more in addition to other miscellaneous and administrative fees.

Can a DWI be reduced?

In the state of Michigan, if you have a first-time DWI offense and an experienced attorney at your side, you can plea bargain with the courts and have the charges reduced to an OWVI (operating while visibly impaired). 

Handcuffs sitting on top of a pile of hundred dollar bills.

In Conclusion – What happens if you violate bail?

We first need to clarify that not every DWI case is going to be handled the same. There are several factors involved that can change how one is handled over the other. If a defendant was to violate the requirements and stipulations of their DUI or DWO bail bond, the bail bond fee for DUI or DWI is forfeited, and the defendant will likely be incarcerated until their case goes before the judge. If you need a DWI bail bond in Mt. Clemens and Troy, MI you can call You Call Bail Bond Agency at 844-YOU-WALK for help.

Do Misdemeanors Add Up to Felonies?

misdemeanor arrest

How bad is a misdemeanor?

Let’s clarify the difference between a felony and a misdemeanor before we go any further. Aa misdemeanor isn’t as serious as a felony and if you’re going to be arrested, misdemeanor is the better one. The difference between the two starts with a misdemeanor bail being cheaper than a felony bail, then the difference is how long your incarcerated. 

A misdemeanor crime is distinguished from a felony crime by the seriousness of the action that resulted in being arrested. Any injury to another person or the cash value of any property taken to the amount of drugs in possession and if there is proof there was intent to sell or distribute can all differentiate misdemeanor from felony and where Misdemeanor or felony bail is needed.  

In the state of Michigan, there are three levels of misdemeanors that could have misdemeanor bail set by a judge at arraignment: 

  • Misdemeanors = 93 Days Incarcerated

A misdemeanor that can get you 93 days of incarceration is a crime under local law, state law, or both.  Under state law, a conviction of this misdemeanor level has possibility of jail time, paying a fine of $500 maximum, or both. Crimes of this category include assault and battery, disturbing the peace, and embezzlement of money or property with a maximum value of $200.

  • Misdemeanors = 12 Months Incarcerated

A court in Michigan can hand down a sentence of  jail, a maximum fine of $1,000, or both. Crimes of this category can include $200 to $100 larceny, shoplifting, intentional firearm discharge without intent to injure.

  • High Court Misdemeanors = 24 Months Incarcerated

A high court misdemeanor is punishable by up to 24 months prison time, a maximum fine of $2,000, or both. Crimes of this category are indecent exposure and negligent vehicular homicide.

What kind of charges are misdemeanors?

Each state is different and each jurisdiction within each state will differ. Some common examples across the board that will have misdemeanor bail set may include: 

  • Disorderly conduct 
  • Indecent exposure
  • Petty theft, 
  • Prostitution 
  • Public intoxication
  • Reckless driving
  • Shoplifting 
  • Simple assault
  • Trespass
  • Vandalism

 With marijuana laws varying and changing almost daily, the possession of cannabis can be a misdemeanor in some states if it is for personal use without medical validation. The laws governing marijuana possession are in constant scrutiny today, many states have legalized it, but on a federal level, it is still crime in any quantity. 

upset arrested individual

Is there bail for misdemeanor?

Bail for misdemeanor charges is a pretty certain bet for anyone arrested on a misdemeanor charge in the state of Michigan. This usually means that they’ll probably never see a judge for arraignment. The state of Michigan is taking steps to simply the legal process and keep the courts moving, and misdemeanor bail setting is one of the first things being streamlined.  

There are circumstances and factors in Misdemeanor with bail being set like if the offense has been committed before, the criminal background of the defendant, and what extent the crime was committed. Misdemeanor bail amounts will follow something along these lines: 

  • $2,500 for battery against a law enforcement officer
  • $10,000 for battery against a spouse or any civilian. Felony offense for sexual battery excluded
  • $15,000 for restraining order violation
  • $2,500 for first offense for controlled substance possession
  • $10,000 for second offense for controlled substance possession

Other misdemeanor bail amounts include any of the following crimes in the state of Michigan and other states: 

Driving Under the Influence or Driving While Intoxicated: 

  • A first DUI charge misdemeanor bail can be up to $2,500
  • A second DUI charge misdemeanor bail can be up to $10,000
  • A third DUI charge misdemeanor bail can be up to $15,000

To the question of “how many misdemeanors equal a felony?”, a fourth DUI charge will become a felony with bail set up to $50,000. 

In Michigan, any criminal offenses that otherwise are misdemeanors can be elevated to a felony charge for a second-time offender. This may or may not result in the defendant spending time behind bars. This is at the discretion of the judge who will review the defendant’s criminal history, community standing, and other factors. 

Any time a person is arrested and placed behind bars, their first thought is typically, “how do I get out of here?”. With that in mind, their one phone call is to a family member or friend. So, do you need an attorney for a misdemeanor? 

No, probably not, but depending on what the charges are and what the defendant’s criminal history is, it may be wise to see counsel. No matter how minor the charge that has resulted in misdemeanor bail or felony bail, the experience that an attorney can provide could get the charges dropped or expunged altogether. Call 844-YOU-WALK today for your misdemeanor bail needs in Mt. Clemens and Troy, MI.

Can you go to jail for a warrant?

gavel and cuffs

What exactly is a Warrant?

There are two words that nobody wants to hear their name in the same sentence: Arrest Warrant.  Those two words mean you’re wanted by law enforcement and have a good chance of going to jail.  The minute you hear those two words, hiring a defense attorney is recommended because whatever is about to happen, they an navigate you through the steps that are to come, and defend you to the best situation possible. 

In the matter or the law, there are four different types of arrest warrants. In general, an arrest warrants requires probable cause be shown that will enable law enforcement to arrest you and take you to jail. Those different types of warrants are: 

  • Arrest Warrant:  This is issued by a judge or magistrate after the prosecution team has shown there is probable cause related to a certain crime. 
  • Bench Warrant: This arrest warrant is not based on the suspension of a crime. 
  • Child Support Warrant: This warrant authorizes the arrest and detainment of a parent for not meeting child support requirements.  
  • Search Warrant: A search warrant isn’t for arrest but to search the person, their home, or vehicle for evidence related to a crime. 

An arrest warrant is active until the named suspect is apprehended. If you think you may have an arrest warrant, how to find out isn’t hard and it is better to be proactive than wait and see if law enforcement catches you. 

With an arrest warrant, what is the meaning?

In general terms, an Arrest Warrant is issued when a defendant has failed to comply with court orders in a timely fashion. Examples of when an arrest warrant is issued may be non-response to a traffic citation or court summons, non-payment of a fine by a specific date, or a missed payment order by the courts.  Non-payment of a traffic citation even a parking ticket, a common arrest warrant,  would create cause for an arrest warrant for traffic ticket to be issued.

How do I check if I have a warrant?

There are four ways to find if an arrest warrant is issued in your name are: 

1. A Background Check 

There are websites where you can have a background check performed, a simple way to find if there an arrest warrant for you or anyone. These are 3rd party websites that have access to public records, and they will compile a report for the person requesting the background check on any given person, if they have information available to public access.

2. Check Court Website

Arrest warranty information can be found on most city, county, and state websites. Most websites have a ‘warrant’ menu, but there are small cities and some counties that don’t have a court website. In that situation, you can call the court directly and inquire about any existing arrest warrants. The following information is needed to inquire about any arrest warrant:

  • Full name of person you’re searching for
  • Their Birthdate
  • Their Social security number
  • The Case number

3. Check State Superior Court Records 

If the city or county records didn’t find any arrest warrant information, the state’s superior court website may have information. You’ll need the person’s full name, birthday, state ID number, and the court case number. Criminal details to the arrest warrant are often provided as well. 

4. Federal Court Clerk

If the arrest warrant is of a federal nature, the options of finding anything out are limited. The U.S. Marshal’s services do not always make outstanding arrest warrant details available to the general public.

To obtain arrest warrant details on a federal level, it requires a phone call to the federal court clerk. If this is for your own arrest warrant, it is recommended to leave this inquiry up to your attorney or a family member. 

An important note to arrest warrant searches is knowing there may be more than one. Even if you find arrest warrant information in one place, you may want to check the others too. Again, arrest warrants can be difficult to find, but a criminal defense attorney will have more avenues and ability to find them faster. 

Can you arrest without a warrant?

In the State of Michigan, if a crime is committed in the presence of law enforcement and probably cause is evident to the officer, arrest with a warrant is allowed. The arresting officer will need to submit an arrest request to the Prosecuting Attorney immediately following the arrest. An arrest without warrant is called a warrantless arrest. 

arrest after warrant

Can DM issue arrest warrant?

Yes, in the State of  Michigan, a judge or district court magistrate are allowed to issue a written search warrant by electronic means, electromagnetic means, or in person, including by fax or over the state’s computer network.

It is important to know that arrest with warrant Texas laws, as with all states, there are variances. The matters discussed here are not necessarily the same in Texas or other states and recommended that anyone concerned with arrest warrants contact the state the case is located. Call 844-YOU-WALK today for your bail bonds needs in Mt. Clemens and Troy, MI.

About Cash and Surety Bonds

Bail bonds location

What’s the difference between bond and bail?

When you’re arrested, you’ll be booked and formally charged with the accused crime. Then you’ll appear before the judge, this is called the arraignment, where the charges are read to you and you plead guilty or not guilty.  The judge then states the bail amount it will take for you to be released from jail. There are several ways that bail can be paid, two of them are cash and surety bonds

Bail is what the judge declares must be paid by the defendant to be released from jail until their court date.  The bone is what is posted based on that bail amount declared by the judge. It is typically paid for by a bail bond agent after a 10% fee is paid by a family member or friend. 

The bond company is taking responsibility for the defendant to appear for all court dates and follow the requirements as set forth by the judge.  This can include alcohol and drug screening, leaving the city, state, or country, not driving other than to work or school, etc. If the defendant doesn’t appear in court as ordered, the bond agency begins searching for them along with law enforcement.

How is bond amount determined?

There are four main factors that a judge looks at when determining the amount for bond setting. Those factors are: 

  • The accused crime
  • The defendant’s past criminal record
  • The defendant’s employment status
  • The defendant’s connection to the community

In  Michigan by  law, the only option to post bail for the bond is a 10 Percent Cash Deposit with a licensed bond agency or agent. The 10 percent is returned in full once the defendant has appeared for all court hearing and hasn’t had any other arrests. When paying a bail by cash, court costs and fees are deducted, and the remainder of the 10 percent is returned. Those costs include booking fee and processing fee. 

What is cash bond and surety bond?

There are different types of bonds. For the sake of our subject here, we’re discussing a bond as a financial instrument that guarantee a suspected criminal will appear for all court hearings. That bond may be a cash bond or a surety bond, but what is the difference between those two bonds. 

  • A surety bond requires three party involvement. A defendant will hire a surety company to post their bail and in exchange for that service, the surety company then charges the defendant a fee, typically ten percent of the bail amount. Once the defendant has made all court appearances and met any other requirements set forth by the judge.
  • A cash bail bond is where either the defendant, a family member or friend pays the full amount of the bail directly to the courts. When all court dates have been met along with any other requirements, the defendant, or the person that posted the bail, will have the full amount returned after all court costs and fees are deducted. 

What does surety bond mean in jail and How does a surety bond work?

A surety bond is provided by a bondsman under an agreement between either the defendant or the person requesting the bondsman’s service. With the agreement signed and dated, the bondsman will go to court and post the required by the judge. Then the defendant is released from jail. A person getting a surety bond must prove they have the cash or collateral equal to the amount of the bond should the defendant not show up for their court dates. 

What is a cash bond to get out of jail and what does cash bond mean?

A cash bond is required when the defendant can’t get a bail bonds agent to finance their bail for release from jail. The money is paid to the court and it is held until the case against the defendant is complete. The defendant, a family member, or friend can post a cash bail. 

Who can issue a surety bond?

Typically, a surety bond is issued by a surety company, which is commonly obtained through a broker or surety bonding agency. Surety bonding companies are regulated by the state and must have a current license. 

surety bond paperwork

Are surety bonds paid monthly?

No, a surety bond is usually paid in cash at the time it is issued. There is no payment plan for a surety bond. In some states, a finance payment plan may be possible by some surety companies if the bond meets certain requirements.

The matter of being arrested and posting bail can be a confusing matter. It is recommended to have a criminal attorney hired who can walk you through the process, including posting bail. They will also be there to walk you through the process of court appearances and more. Call 844-YOU-WALK today for bail bonds help in Mt. Clemens and Troy, MI.

How is a bench warrant different from other warrants?

judge's gavel

What Happens When a Warrant is Issued?

So, what is a bench warrant exactly?  In Michigan, a Bench Warrant is issued from the bench, aka the judge, when a person that was ordered to appear before a particular Court doesn’t show. There are limited situations a Bench Warrant is issued and is a form of an Arrest Warrant.  Consider a bench warrant to be a judge’s invitation to show up in court and a possible extended invitation to spend some time behind bars. 

With an arrest warrant, the judge is instructing law enforcement officers to actively find you, arrest you, and bring you to jail. There, you will sit behind bar until the judge can see you.  A bench warrant however, is only going to have you arrested and brought to jail if you break the law or other get the attention of a law enforcement officer.

 For example, a bench warrant and speeding ticket will find you arrested and behind bars. A bench warrant is one of the things that officers find when they run your driver’s license check at a traffic stop. 

Can bench warrant be expunged?.

When a defendant doesn’t show for any court ordered appearance, the judge will issue a bench for the arrest of the defendant. A notice is mailed to the last known address, advising of the bench warrant being issued.  A responsible defendant will turn themselves in to the courts. The reasons can vary from forgot the court date, mixed up the dates, didn’t have transportation, or a personal emergency may have kept them from appearing in court. This is a “walk-in” arraignment, meaning the defendant walked in to be arraigned. 

For a bench warrant to be expunged from the defendant’s record, the defendant has to be found not guilty of the original crime or the case has been dismissed. The request for expunging the bench warrant must be requested by the defendant’s attorney. 

What is bench warrant under advisement?

A BWA, bench warranty under advisement, means the judge is giving the defendant a chance to redeem themselves before the court.  A judge will sometimes, rarely, issue a Bench Warrant Under Advisement because they are still  considering issuing an arrest warrant or bench  warrant. 

A defendant will not be arrested with a bench warrant under advisement as they would be with an arrest warrant or bench warrant. A law enforcement officer would advise a person that there is a BWA in place and would recommend they contact the courts to address the matter. 

Will a bench warrant keep me from flying?

Not unless you otherwise break the law while in route to the airport, at the airport, or on the airplane. Because a bench warrant doesn’t have an active search for you, your ID isn’t flagged at airports, whereas an arrest warrant would and any attempt to leave the state or country would be stopped. 

Is a bench warrant contempt of court?

 A criminal contempt of court is when the defendant disobeys, disrespects, or offends the court in any fashion or manner, whether it is the judge, jury, court employees, or the dignity of a court or legal system. It can occur directly while in court and to the court, whether the judge is present or not. 

The contempt of court is handled separate from the original criminal charges and if the contempt of court happens outside of the court room, the judge may issue a bench warrant for contempt of court actions. 

Is bench warrant without bail? 

A bench warrant can end up with your arrest if you break the law or are otherwise detained by law enforcement and they run a driver’s license check. If you are arrested, you may have the opportunity to bail out, depending on the original legal issue and if the judge deems you to be a safe risk. If you are considered a flight risk, your bench warrant arrest may be without bail possibility. 

Is a bench warrant in a sentence handed down by a judge? 

An outstanding arrest warrant means that law enforcement is looking for you at your place of residence, place of employment, or any place you’re known to be located. Your driver’s license is flagged to have you arrested should you be pulled over traffic offense or have any reason for law enforcement involvement. 

A bench warrant is not part of the sentencing phase.  A bench warrant is issued by the judge and while law enforcement is not actively seeking you, they do have permission by the court to arrest  you if you have an encounter with them. 

lady justice

How To Clear A Bench Warrant

Being present at any and all court dates is important. When you defy a court order, such as not appearing as ordered, a bench warrant is issued.  If you suspect that you have a bench warrant in your name, you can find out in the following ways:

  • Contact your attorney
  • Contact your bail bond agent
  • Contact the courts

The best way to clear a bench warrant in your name is to turn yourself in to the courts. You may choose to have your attorney present when you do and if bail is possible, they can handle that while there, shortening the time you are behind bars. Call 844-YOU-WALK today for bail services when you need them most.