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What is the Bail Process?

Bail Sign Indicating Bail Bond Process

How Does the Bail Process Work?

If an individual is arrested for a serious crime, authorities will not release that individual unless the individual can be held accountable for their actions in court. If he or she can verify that they are unlikely to run away, the court may release that person on their own recognizance. Defendants who aren’t released will typically pay bail. Bail is an amount of money that is deposited with the court to establish that the defendant will show up for all court proceedings. If the defendant fails to show up for court, their money is forfeited and a large bail may be set. A bail bond is a promise by the insurance company to pay all the bail if a defendant doesn’t show up. The insurance company, via the bail bond agency, will charge a premium. 

How Long Does it Take to Get Out of Jail After Posting Bail?

After posting bail, it typically takes six to eight hours for the defendant to be released from the authorities. This time is usually spent processing the paperwork for the defendant and the court.

What Happens with the Bail Money?

If you happen to be in a situation where you have bailed out a friend or loved one, it’s important to note that your money may never be returned. For a cash bail, the money should be returned to you after the defendant has arrived for each of their court appearances. If the defendant is found not guilty, then the bond will be discharged. On the other hand, if the defendant pleads guilty, the bond is discharged at the time of sentencing. If the defendant acts irresponsibly and gets arrested while out on bail, then no refund will be given.

How Do You Bail Someone Out?

If you or someone you know has a probation violation, trouble awaits. In fact, it will be important to understand how to bail someone out, should the occasion arise. There are four pathways for a person to be released from custody. The first involves the use of a bondsman. The second way involves posting money for the full amount of the bond. This process will have to be initiated with the court or jail. Real property can be used to bail someone out. Finally, the judge themselves can decide to let the defendant go on their own recognizance.

What are the Different Types of Bail?

There are seven different types of bail. 

  • Citation release. This is considered the best type of bail bond. It means that the defendant will not have to experience getting taken into custody. Citation releases are typically given for minor crimes.
  • Recognizance release. The second easiest bail bond is a recognizance release. It can be given based on the discretion of the policemen who arrest the defendant.
  • Cash bail. This is bail that is paid in cash.
  • Surety bond. If the defendant doesn’t have access to cash, a bail bondsman can offer a surety bond.
  • Property bond. Property bonds can be used in California, but they can’t be used in all states.
  • Federal bail bonds. In cases of federal crimes, federal bail bonds can be enacted. These bonds are done directly with the court.
  • Immigration bail bond. For non-citizens of the United States, this bond applies. 

Bail Bonds Process

The bail process is fairly straightforward. A bail bond is a method of bail payment wherein a bail bond agent pays the bail for a defendant. In this instance, the bail agent acts as a surety for the defendant. The bond agent pays the full amount if the defendant doesn’t come to court.

Bail Process Explained

Once a person is placed under arrest, they are taken into police custody and booked. During processing, the individual releases identifying information have fingerprints taken and has a criminal background check (among other things). Next, the arraignment begins. The defendant is read the formal charges and given an opportunity to arrange for their release. When a written promise to appear in court isn’t enough, the court wants a financial guarantee. The bail proceedings can change from court to court, however, usually, the court has a bail hearing to decide whether bail will be granted.

Bail Process Rules

The judge is responsible for setting bail. While defendants may want to be immediately released from custody, most jails have standard jail schedules. The eighth amendment to the U.S. Constitution requires that the set bail amount not be excessive. 

Bail Bond Process Indicated by Coins and a Gavel.

Bail Process at Work

It is important to note that the bail process with a bail bond agency has a prescribed method for paying the premium for posting the bond. For example, if the court requires $10,000 in bail, the insurance company could charge a ten percent premium or $1,000 to post the bond.

We can help you with your bail bond process. Our staff at You Call Bail Bond Agency are ready to take your phone call at 844-YOU-WALK. Discover more about how we can help you with your bail bond process in Mt. Clemens and Troy, MI.

What is the Difference Between a Warrant and a Bench Warrant?

A Black and White Picture of the Symbol of Law and Justice in a Courtroom.

Bench Warrant Vs Arrest Warrant

If you have been issued a bench warrant, you are probably wondering, “what does bench warrant mean?” and how does it differ from a regular warrant. A bench warrant is a type of warrant, but the person who inaugurates the warrant determines whether its a bench warrant or a simple warrant. With an arrest warrant, a police officer has to provide a judge with substantial evidence that a crime has been committed and that whoever is listed on the warrant is responsible for the crime. When the warrant has been provided by a judge, the police officer has the right to arrest the suspected person. When it comes to a bench warrant, they are usually given out by a judge when a person doesn’t go to their scheduled court date. When the bench warrant is issued, the arresting officer must bring the person to the judge. Now that the different between a bench and arrest warrant have been determined, knowing more about bench warrants might give you more information if you are even in a position where you are issued a bench warrant.

Why is a Bench Warrant Issued?

The most common reason that bench warrants are issued is that someone failed to appear in court on their court date. However, a bench warrant can be issued for a couple of other reasons.

  • Violating Probation: If you violate probation, a judge can issue a bench warrant.
  • Committing Crime on Bail: If someone is out on bail and they commit a crime, that is a sure way to get a bench warrant.
  • Not Complying with Bail Conditions: People who are out on bail who do not comply with the conditions of their bail can be issued a bench warrant.
  • Failure To Pay Fines: If there are fines that you have to pay and haven’t a bench warrant can be issued.
  • Not Paying Child Support: For people who are thinking about not paying their child support, think again. It can get you a bench warrant.
  • Not Testifying After Being Subpoenaed: Not showing up to court when you have been subpoenaed to testify will get you issued with a bench warrant.

If you or a loved one have violated any of these, then you may very well have a bench warrant. It is important that when the court gives you a set of directions to follow, you follow them so that you don’t get in further trouble.

How Serious is a Bench Warrant?

If you have been issued a bench warrant, it is pretty serious as it means the police are looking for you in order to bring you to court. That doesn’t necessarily mean the police will be calling you or banging on your door, but your name will go in database, so if you are stopped for a traffic violation and they see that you have a bench warrant, they will take you in. Because of this, it important to take care of your bench warrant as soon as possible.

How Do You Know If You Have a Bench Warrant?

If you think that you have a bench warrant but are unsure, there are a couple of things that you can do. First, you can call your local police department to see if there is a record that you have been issued a bench warrant. Another thing you can do is check your mail regularly. The clerk of courts or even the police department might send out a notice. You can even call the clerk of courts to see if you have a bench warrant or you can call your attorney to see if they have been notified that you have a bench warrant. If you find out that you have a bench warrant, do what you can to get it taken care your bench warrant arrest.

How Do You Get Rid of a Bench Warrant?

A Picture of a Lawyer and a Man in an Orange Jumpsuit Talking To a Judge.

Can a Bench Warrant Be Dropped?

A lot of people ask, “What happens when you turn yourself in for a bench warrant?” that is honestly the best case scenario when you have a bench warrant. The best way to get a bench warrant removed is by showing up to court either by yourself or with your attorney. Depending on if your crime was a misdemeanor or felony will determine how the judge will handle your bench warrant. There is the possibility that you will be let go with a warning or you might be put in jail with or without the possibility of bail. Also, if you are sent to jail, you can expect to pay a hefty fine, as well. If you think you have a bench warrant in Mt. Clemens and Troy, MI, the bail bond agents at You Call Bail Bond Agency can help you. We are able to help you with our professional bail bond services. They can help you with anything from giving information on disorderly conduct bonds to assistance with DUI bail. Just give us a call at 844-YOU-WALK to learn more about how we can help you.

What Happens If You Get a DUI?

A notification of a sobriety checkpoint is pictured on a busy highway at nighttime.

What is the Punishment for First Time DUI?

As many of you may know, DUI means Driving Under the Influence and OWI means Operating While Intoxicated. In Michigan, the recognized acronym is OWI, while DUI is still used as a general reference to drunk driving, simply because it’s a well-established abbreviation. Before we begin, it’s important to state that if you have been drinking, it’s important for you to stay off the roads. The safety of yourself and the people around you is at risk if you violate this protocol. If you are driving Mt. Clemens and Troy, MI while under the influence, a first offense comes with penalties.

Here is a list of the penalties for a first time DUI:

  • Up to 93 days in jail.
  • Fines of $100 to $500.
  • 360 hours (45 days) of community service.
  • Vehicle immobilization at the court’s discretion.
  • Possible ignition interlock device during probation.

What is the Definition of DUI?

In Michigan, the acronym DUI has changed to OWI, which means Operating While Intoxicated. If you are operating while intoxicated, you fall into one or more categories. If you have a blood alcohol content (BAC) level of .08% or greater and are operating a vehicle, you can be charged. If you have any amount of a controlled substance in your body or are under the influence of any intoxicating liquor, you can also be charged with an OWI. Also, if you are operating a vehicle under the influence of any controlled substance or intoxicating substance, you also fall into this description.

Make sure you are driving safe and operating vehicles responsibly. These laws were put in place to protect you and your fellow drivers.

A shot of whiskey, a pair of smart car keys, and a pair of handcuffs rest on a table.

Which is Worse DUI or DWI?

In Michigan, there are two categories of intoxicated driving. These two categories are OWI, and OWVI. In 2003, OWI and OWVI were adopted as state law in compliance with the National Highway Transportation Safety Administration’s requirement that all states adopt a blood-alcohol threshold of .08 percent for drunk driving offenses. OWI maintains the .08 percentage in accordance with these laws, but OWVI, which means Operating While Visibly Impaired does not have a blood alcohol threshold. In conclusion, a OWI is worse than a OWVI.

Can I Keep My License after a DUI?

There are a number of factors that impact whether or not a suspected OWI offense will restrict your driver’s license. If you refuse to take a breath or blood test, your driver’s license will be automatically suspended. A doctrine called ‘implied consent’ means you have to comply or risk sanctions. You can appeal the suspension, but you must do so within 14 days. A suspension for refusing to take a blood test can be up to one year the first time you refuse and up to two years if you refuse more than one in seven years.

For a first OWI conviction, Michigan requires at least a 6-month driver’s license suspension. You have to serve at least 30 days of the suspension before you can ask for a restricted license. There are other considerations. If you have an extraordinarily high BAC level, Michigan requires at least a 1-year driver’s license suspension. Serving 45 days of the suspension is mandatory before the request for a restricted license can be granted. If you have two or more convictions in seven years, you are then deemed a habitual alcohol violator and you can have your license revoked for at least one year.

These are sincere restrictions. Be safe and don’t drink and drive.

Can You Get Jail Time for First DUI?

A first-offense OWI generally results in a fine and driver’s license restrictions in addition to jail time or community service. The judge can order up to 93 days in jail for both an OWI or OWVI. If your blood alcohol content is .17% or greater, the maximum jail time is 180 days. Practically speaking, it is important to get DUI bail when situations like this occur.

DUI for Drugs

OWI, or Operating While Intoxicated, includes three types of violations. One of these violations includes a provision for drugs substantially affecting your ability to operate a motor vehicle safely. A OWPD  stands for Operating With and Presence of a Schedule 1 Drug or Cocaine. This means you can be charged for having even a small trace amount of these drugs in your body, even if you do not appear to be intoxicated or impaired.

DUI is Not a Crime

In the United States, there are two different types of punishment that result from being convicted of a DUI (Driving under the Influence). DUI is also known in Michigan as an OWI. The first type of punishment is administrative. This means that your driver’s license is suspended. The second type of punishment is filed under criminal law and results in fines, parole or prison time. In most cases, a DUI will result in a misdemeanor, but if the evidence against you is strong enough, it could end up as a felony.

DUI with Injury

In the state of Michigan, you can be charged with drunk driving causing serious impairment or bodily function. A Michigan OWI causing serious injury carries with it a five-year felony with a fine ranging from $1000-$5000, vehicle forfeiture, and mandatory vehicle immobilization.

DUI Without a Lawyer

It is highly advisable for you to hire a lawyer to represent you in court if you are facing an OWI conviction. Numerous penalties are carried with the conviction of an OWI. Those penalties can be lessened with the presence of a competent lawyer. Additionally, a lawyer can help you with a bench warrant. A bench warrant is essentially a written order by a judge for an individual to be arrested and appear in court. It is important to turn yourself in and appear in court, but not without bail assistance. Bench warrants are serious but can be solved with practicality.

If you think you have a DUI in Mt. Clemens and Troy, MI, call You Call Bail Bond Agency at 844-YOU-WALK to speak with our staff about handling your bail today!

What Are Misdemeanor Bail Bonds?

An Up Close Picture of a Statue of Justice

Misdemeanor Bail Bonds Are Used for Misdemeanor Charges.

People who aren’t too familiar with the bail process, won’t know a lot about the different types of bail bonds that are offered. While there are specific bail bonds like weapons violation bail or DUI bail, there are also bail bonds that are specific to a criminal offense. One of the most common bail bonds for a criminal offense is a misdemeanor bail bond. What are misdemeanor bail bonds? This is the kind of bail bond that would be used when someone is charged with a misdemeanor offense. In most cases, when someone is charged with a misdemeanor, there is no need for them to post bail. A lot of times a person will be released on their own recognizance, meaning they promise to show up to court on their assigned court date.

This begs the question of, “Do you have to post bail for a misdemeanor?” It’s going to depend on what type of offense was committed. For first time offenders, they may just get a citation and a fine to pay. If a person has committed the crime before or its a more serious type of misdemeanor, then bail will be needed to get them out of jail. If someone is charged and arrested for a misdemeanor and placed in jail, how much is bail for a misdemeanor? There are a couple of factors that can determine how much bail will be–how old the person is, if the person has any current charges, their criminal history, if the person has failed to appear in court on other occasions, and what type of misdemeanor was committed. The more serious the offense, the more expensive the misdemeanor bail bonds will be.

What is Considered a Misdemeanor?

Typically, a misdemeanor has different classifications depending on the severity. For example, the state of Michigan has three classes of misdemeanors, 93 days misdemeanors, one-year misdemeanors, and high court misdemeanors. Many people might ask, “Can you go to jail for a misdemeanor?” and the answer is yes based on the severity of the crime, past criminal history, as well as other factors. In order to be charged with a 93 days misdemeanor, someone would have to commit embezzlement that is less than $200 or assault and battery; when someone is charged with one-year misdemeanors, they typically have committed firing a firearm intentionally or larceny that is more than $200 but less than $1,000; even though a high-court misdemeanor is a misdemeanor, it is punishable of up to two years in prison–vehicular manslaughter is considered a high-court misdemeanor.

How To Deal with a Misdemeanor Charge

While a misdemeanor offense might not always be bad, it is still something that can affect your life. How does a misdemeanor affect your life? The ways that a misdemeanor can affect your life if by having that charge on your criminal record. It doesn’t matter how long ago the charge happened or how old you were, a misdemeanor will follow you around your whole life. If you apply for a job or college, and they ask if you have a criminal record, you have to state that you have a misdemeanor charge on your record. If the misdemeanor charge has to do with driving, there might also be consequences with your driver’s license. The best way to go about having a misdemeanor charge is to try to get it expunged; expungement is the only way that the misdemeanor will be removed from your record. If you are wanting to make the misdemeanor bail bonds process easy, show up to court when you are supposed to, pay the necessary fines, and serve any time that is handed down.

Misdemeanor Charges Vs Felony

When talking about categories of criminal offenses, felonies are a lot more serious than a misdemeanor. Here are some of the differences between the two.

Misdemeanor Charge

  • A year or less than a year of jail time.
  • Punishments can vary between misdemeanor classes.
  • Offenders have to pay a small fine.
  • Misdemeanor offenses can include trespassing, public intoxication, vandalism, and petty theft.

Felony Charge

  • A year or more in prison.
  • They can be violent or non-violent.
  • Offenders pay large fines that can be thousands of dollars.
  • Felony offenses can include murder, attempted murder, rape, human trafficking, and burglary.

An important thing to note is that misdemeanors can be changed to felonies if certain factors come into play. If a person has committed a crime more than once, their misdemeanor charge can turn into a felony charge. How many misdemeanors make a felony? There are only certain misdemeanors that can turn into felony charges, for example, assault, DUIs, and domestic violence can be charged as misdemeanors, but if a person has a previous record of these offenses, then the misdemeanor can turn into a felony offense. It’s going to be different state to state and person to person.

If you are interested in misdemeanor bail bonds in Mt. Clemens and Troy, MI, call You Call Bail Bond Agency at 844-YOU-WALK for our bail bonds service. We will do what we can to get you or your loved one released from jail as soon as possible.