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.

What is a 10% bond?

arrest and bail

Identifying the bail bonds

Bail bonds can be a confusing topic for most of us, especially if you’ve never had to obtain one or help anyone to bail out of jail. It may be surprising how many people don’t know what bail bonds even are actually. So, what is bail and is that different from bail bonds and is bail 10 percent of what the judge declares?  Read on for a clear definition: 

Bail is the amount a judge determines a defendant to pay in order to be released from custody until their hearing. Its purpose is to ensure the courts that the defendant will appear for all required court dates. 

Bail bonds are for those defendants that don’t have the funds to pay the full bail to the courts. Bail bonds are available through bail bonds agents for 10% cash bail that will post the required bail with the courts.  An agreement or contract is signed by the defendant or a person representing them, usually family member or friend, agreeing to pay 10 percent of bail. The agreement or contract states they will pay the full amount of the bail should the defendant skip town and not appear before the courts. 

Within the world of bail bonds, there are two forms:

  • Criminal Bail Bonds:  For defendants faced with criminal charges. These bail bonds guarantee the defendant will appear for trial as set by the courts and guarantees payment for the fines or penalties decided by the judge and/or jury.
  • Civil Bail Bonds: For a person faced with a civil case and guarantees the payment of the debt owed, plus other costs and interest as  assessed.

Do you have to pay 10 percent of bail?

Each state has different laws when it comes to posting bail and bail bonds process.  In Michigan, the 10 percent cash deposit bond is the single option that doesn’t have a cost for posting bail. The full ten percent is returned once the defendant has appeared for all court ordered hearings. If the defendant receives their bail bonds with a bail bonds agent by way of a surety bond, the ten percent premium payment remains and is paid to the bail bonds agent. 

How much bail do you actually pay?

The only option by Michigan law is the 10 Percent Cash Deposit Bond with the entire ten percent returned if the defendant has appeared all court ordered hearings. Court costs and fees are subtracted from a cash bail then remaining is returned to the defendant, again, if all court ordered hearings are attended. 

When a surety bond is taken, a ten percent premium payment is due to the bail bonds agent or company. All defendants may be charged  additional costs with posting bail like a $10 processing fee as well as a $12 booking fee.

What happens to my bail money?         

It is expensive to bail somebody out of jail, and what’s more, you may be out that money for good. Here is a summary of bails and what can be expected by those who post bail. 

A Surety Bail Bonds

This is when you enlist the service of a bail bonds agent. They will draw up a surety bond in the name of the defendant and the person enlisting the bail bonds service will pay only 10% of bail amount of the bail established by the judge at the arraignment. A bail bonds premium is non-refundable and is considered a fee paid to the bail bonds agent for their services. The bail bonds agent is taking on responsibility for managing the defendant and assuring they will appear before the court as ordered. 

A Cash Bail

If the defendant has the cash or has somebody come to bail them that pays in all cash, the full amount will be refunded after the defendant has made all court appointment dates. If the defendant fails to show for any court ordered appearance, the full amount of the cash bail is forfeited, and a warranty is issued for the defendant’s arrest. Other scenarios: 

  • The defendant is found not guilty at their hearing – the bond is discharged
  • The defendant pleads guilty – the bond is discharged at sentencing

A Property Bond

If the defendant or family member or friend of the defendant doesn’t have the cash to post bail or enlist the services of a bail bonds agent, a property bond may be offered. The property’s real value needs to be in excess of the bail set by the judge for the defendant to be released. If the defendant fails to show for court, the property offered for bond will be seized by the court or the bail bonds agent. 

Can you reverse a bail bond? 

As the indemnitor, you can present your request to the bail bonds agent. It is their final decision, but you should review the agreement or contract you signed, as it will state if that is allowed and what limits are applied. 

You will need state the reason why you want to revoke your bail and if the bail bonds agent permits this, they will then inform the court. If the defendant has not been released, they will be kept  detained and given the opportunity to post bail by other arrangements. There may be fees associated with bail revocation. 

bail bond agency

Can I get out of a bail bond contract?

No, once a bail bonds contract is signed, it is binding. Bail bonds agents only accept clients they feel confident are going to be responsible for the bail, so if financial hardship has struck, the bail bonds is set in place and non-cancelable. 

When a loved one or friend has contacted you for help to post bail, it may be worth contacting an attorney first before enlisting the services of bail bonds agent. Depending on the charge and the guilty or not guilty status, the defendant is likely to need a defense attorney anyway. They can post bail on behalf of the defendant like a bail bonds agent. Call 844-YOU-WALK today.

What Is an Appearance Bond Hearing?

A Bond Hearing

What is an appearance bond hearing?

No matter what the charges are, when you are arrested and jailed, you’ll appear before a judge at a bond hearing and the judge will decide whether you deserve bail. Depending on factors such as criminal record and your status in your community, the judge will determine whether you’re a flight risk and set a bail amount accordingly. Some charges have set bail amounts, many are determined by the judge. Usually, you have to pay a cash amount for the bail, either by paying the full amount of bail or through a surety bond from a bail bonds agency like You Call Bail Bond Agency.

In some cases, the judge might release you on your own recognizance. In this instance, no bail amount is set. Instead, you’re released on your promise to return for all other appointed court dates. Being released this way usually occurs on first offenses that are relatively minor in nature. A similar bond is an appearance bond. At an appearance bond hearing, you sign a written agreement to appear in court again. If you fail to appear you pay a fee and may suffer other legal consequences as a result of your failure to appear. If you need any help with appearance bonds in Mt. Clemens and Troy, MI, all you need to do is call You Call Bail Bond Agency at 844-YOU-WALK.

What happens at a bond appearance?

A bond hearing, or arraignment, is an appearance before a judge in which the defendant requests to be released from jail while charges are still pending. This usually when a bail amount is decided, although that might occur in a separate hearing. During the hearing, the defense attorney presents the defendant’s case to the court and makes a case for bail. The prosecuting attorney either agrees to the requests, denies it, or makes an alternate proposal. The judge makes a decision on bail, and either sets an amount or releases the defendant either on recognizance bond or an appearance bond, a written agreement to appear in court or pay a fee if the defendant fails to show up.

What is the difference between a cash bond and a bail bond?

Although “bail” and “bond” are often used interchangeably, bail is the amount the court set for the defendant to be released from jail, while the bond is the amount paid based on the promise to return to court. A cash bond is just one type of bail bond you can pay to get released from jail in Michigan.

Types of bonds

  • Cash bond: When you pay a cash bond, you are paying the full amount of bail set by the court. In some cases, you literally have to pay the full amount in cash.
  • Recognizance bond: No amount is set for bail. The judge agrees to release the defendant based on certain factors, in particular, how much of a flight risk the person is. An appearance bond is similar, although a fee is attached if the defendant fails to appear.
  • Ten percent bond: With this type of bond, the court allows the defendant to pay 10% of the bail amount to be released.
  • Surety bond: A surety bond is paid by a bail bonds agent. A fee based on a percentage of bail is paid to the bondsman to secure the defendant’s release.

What is a cash appearance bond?

A cash bond is a bail bond in which the full amount of bail is paid in cash or using a secured form of payment such as a debit or credit card. This payment is held by the court until all court proceedings have been concluded. As long as you appear at all court proceedings the full amount paid will be returned to you. 

What is a secured appearance bond?

“Secured appearance bond” is a term for a bail bond that requires collateral. Collateral can range from cars and trucks to homes or property and jewelry. The bail bond amount is secured with the collateral.

What is a consolidated appearance bond?

This means multiple fees have been consolidated into one fee on an appearance bond.

Appearance bond for pretrial release forms

Pretrial release is another name for bail. On a pretrial release appearance bond, you will sign a form that serves as a written agreement between you and the court that you will return to court for your trial or other court proceedings or pay a fee. If you have an appearance bond with conditions, this means, along with the fee you must meet all the bond conditions set down in the agreement or you may be taken into custody again. Conditions could include anything from not drinking alcohol to checking in with court agencies to seeking employment or staying employed. 

How does an appeal bond work?

An appeal bond is very different from an appearance bond. Appeals bonds are issued by surety insurers in civil cases to ensure that payments are made if a court upholds a judgment after an appeal is made. 

Hands Behind Bars.

Call Us Today

If you are being offered an appearance bond in Mt. Clemens and Troy, MI, and need any assistance with it, you can always trust You Call Bail Bond Agency. We offer a full range of bail bond services. Get help immediately by calling 844-YOU-WALK.

What is an example of a warrant?

gavel and cuffs

Different types of warrants

What is the meaning of warrants? In terms of the law, there are several types of warrants, each having its purpose. The most common warranty is the one that most people are familiar with – an arrest warrant and a search warrant is the second most recognized. A third type is a bench warrant

The names of the warranty are self-explanatory as to what their distinct purpose is. Still, to summarize, the arrest warrant signed and issued by a judge for law enforcement officials to collect a person suspected of or charged with a crime. A search warrant is issued by a judge for law enforcement to search a person or property for evidence thought to be associated with a crime. 

What is a bench warrant? A failure to appear before a judge will get a bench warrant issued. A bench warrant is issued because the defendant’s lack of attendance is considered violating court rules. After a bench warrant has been issued, it is treated like an arrest warrant, other than the officer are not searching for the defendant, but if they are found, they are arrested and taken to jail to appear before the judge.

Is bench warrant a criminal?

If you committed or were accused of a criminal activity that ended with you being arrested, you will be required by a judge to appear in court on a specific day and time. If you do appear before the judge on that day and time, it is a criminal offense. Thus the bench warrant is issued. 

The difference between a bench warrant vs arrest warrant is how you are brought to jail.  An arrest warrant, law enforcement officers, will actively search for you. They will show up at your place of employment or school. They will check your last known address and any previous addresses. 

They will check with family and friends, and if the arrest warrant is or a severe enough crime, an APB (all points bulletin) could be issued. That measure is typically for a criminal that is considered armed and dangerous.  

With a bench warrant, you will be arrested, but there isn’t any intense search as with an arrest warrant. If you happen to be pulled over for a traffic violation or some other minor incident, the officers will run a driver’s license, bench warrant, and background check. If the bench warrant shows up in this check, you’ll be arrested on the spot and taken to jail. So yes, a bench warrant is for the criminal offense of breaking the rules of the court as established by the reigning judge. 

What is a Warrant sentence?

A warrant sentence is when the defendant is brought before the judge for a bench trial. In a criminal court, a defendant typically faces a jury trial. In some cases, the lawyers for both sides will agree to a bench trial, or the judge will order a bench trial. 

Instead of the defendant’s case being heard by a jury of 12 piers, the only persons present at a bench trial are the defendant and their attorney, the prosecuting attorney, a bailiff and court reporter, and the judge.  The judge will make the procedural decisions, and after hearing evidence, rule if the defendant is guilty or not of the crime committed. 

What happens after a warrant is issued?

A bench warrant form is completed and signed by the judge for your arrest and handed over to law enforcement. At this point, your name is entered into the data bank and sent out to all local and state police.  

Many people aren’t aware they have an arrest warrant or bench warrant issued in their name. The courts are not obligated to advise you, and their arrival at your place of work, school, doctor’s office, home, friends, etc., could be at any time for an arrest warrant. 

Once you have been arrested following the warrant’s instructions, you are taken straight to jail. You will be scheduled on the court docket to see the judge who issued the warrant. 

If you believe you may have an arrest warrant or a bench warrant in your name, most courts have an online process where you can search for your name.  You can also call or visit the court you think the warrant is issued from but be prepared to be arrested while there.

lady justice

Final Word on Bench Warrants

Can a bench warrant be dropped? Anytime a person fails to appear in court once a judge issues a bench warrant, the following events could take place: 

  • Release with a stern warning by the judge
  • Sentence to time behind bars with no bail
  • Sentenced to time behind bars with bail 

If law enforcement arrests you on a bench warrant, you will be required to appear before the issuing judge. If your original arrest were in another city, county, or state, you’d be required to go through their process before being transferred to the court where the bench warrant was issued. Each jail you enter, there will be additional fines imposed. 

The only way a bench warrant can be cleared is to appear before the issuing judge or your attorney appear on your behalf. If you appear yourself, it is recommended to have your attorney present. Need bail services as well? Call 844-YOU-WALK today!

How Much is Bail for a Felony Drug Charge?

bail bonds for drug charges

How Much is Bail for a Felony Drug Charge?

Do you need help with drug charge bail? It’s important to first recognize that if you are convicted of a drug offense in Michigan, the penalties can be extremely severe. This is especially true for felony drug charges. If an individual is found in possession of heroin, cocaine, or illegal prescription drugs, they will be found charged of a felony if the amount is large enough. If a person has been arrested and charged with felony drug possession, then the bail bond amount is typically ten percent of the total amount. There are a number of factors that go into determining the bail amount. These factors include your age, your criminal history, your prior record of appearing at court, and your perceived danger to the public.

How Much is Bond for a Controlled Substance?

Are you wondering how much bail is for possession of a controlled substance? If so, it is important for you to note that controlled substances generally come with a $2,500 b ail bond. A second offense could come with a $10,000 price tag. The more serious the crime, the more serious the penalty. There are very serious repercussions for individuals found in possession of or selling dangerous drugs.

How Much Does it Cost to Bond Someone Out of Jail?

Under the current Michigan law, it is very important to consider that the 10 Percent Cash Deposit Bond is the stand-alone choice where there is no cost to post bail. The whole ten percent will be returned to the defendant provided that they show up to all of their court appearances. With cash bail, defendants will be pleased to discover that court feeds and costs will also be subtracted.

How Much Does a $500 Bail Bond Cost?

Are you wondering how much a five-hundred-dollar bail bond would cost? As mentioned previously, the fee to abstain a bond is ten percent of the total cost. If bail is set at five-hundred dollars then that means that ten percent of five hundred dollars will be required to obtain the defendant’s freedom. A cash bond would cost the full amount of the bond and a nonrefundable twenty-five dollar Sheriff’s fee. This is true if the bond is posted after regular office hours with the jail.

Are Bounty Hunters Allowed to Kill?

This is an interesting question, and it has an interesting answer. Apparently, just like police officers, bounty hunters are authoritzed to use what is called “all reasonable force” to apprehend defendants. If a defendant is recognized as using force or shooting at a bounty hunter, the bounty hunter is authorized to shoot to kill. This is a very interesting conundrum and should be investigated in more depth.

Bail Bonds for Drug Charges

Are you looking for more information pertaining to the different types of bail bonds in Michigan? Please review the following examples to discover more about this process.

  • Recognizance. A personal recognizance bond entails that the individual will be able to live their normal life while awaiting the completion of the criminal case. They will not be allowed to leave Michigan without court approval and they cannot commit any crimes. They will also be expected to return back to court on time.
  • Conditional Release. A conditional release bond entails that a judge feels that a PR bond will not ensure that a defendant will return to court. Individuals may be required to meet extra bond conditions. 
  • Cash bonds. A full cash bond can be utilized in Michigan court. It is posted in the manner of a bail bondsman and is 10% bond.

Bail for Drug Charges

It is important to note that that is a difference between misdemeanor and felony drug charges. Misdemeanor drug charges carry a less severe penalty and felony drug charges carry larger fines, more jail time, and more community service. Each type of drug has a classification that makes it unique to a category.

Bail Amount for Felony

As previously mentioned, bail felony amounts can be very high. They range in price from $1,500 to $50,000 but they can skyrocket into the hundreds of thousands of dollars. If the crime is very serious and committed under aggravating circumstances, then the penalty will fit the crime according to the law and the judge.

bail bonds for drug charges

Bail Amount for Drug Possession

In the state of Michigan if you have forty-nine grams or less the penalty is up to four years in prison and up to twenty-five thousand dollars in fines. For fifty grams to 449 grams, you can expect up to twenty years in prison and up to $250,000 in fines.

If you would like to discuss bail bonds for drug charges in Mt. Clemens and Troy, MI, please be sure to give us a call at 844-YOU-WALK. Our friendly staff would be glad to help.

What is the Point of Bail?

bail process

What is the Point of Bail?

Bail is the amount of money that defendants must post. They must post this in order to be released from police custody until their trial. It is important to consider that bail is not a fine, and it is not supposed to be used as punishment. On the contrary, bail is used to make sure that defendants show up for their trial. Each time a defendant shows up to the courthouse, they are making themselves accountable for providing a more just and purposeful society. By showing up to the courthouse, they are making good on their accountability measurement.

What Crimes Require Bail?

There are a number of different crimes that qualify for bail. Any felonies, including grand larceny, grand theft, physical assault, and destruction of property, will include bail. The bail amounts for crimes will differ in the range from high to low depending on the severity of the crime. For instance, for the crime of murder, you will have a higher bail amount. 

How do Judges Determine Bail?

A judge will determine the amount of bail based upon factors like the severity of the alleged offense. A defendant that has a long and storied criminal history will be deemed more of a threat to society than a person that has not been convicted of a crime. Correspondingly, a person that has a minimal or negligible criminal history will have a lighter sentence, less of a fine, and a smaller bail amount. Felonies are more serious than misdemeanors. Because this is true, a felony will carry with it a more severe bail amount and sentence. A misdemeanor will have a less serious punishment and fine.

How Does Bail Work in the US?

In the United States, bail works by releasing a defendant in exchange for money. The court will hold the money until all of the court proceedings and the subsequent trials are finished. The court holds the money because it is trying to ensure that the defendant will show up to the court in order for justice to be served. Bail will be given back to the appellant once justice has been deemed to be served.

What is the Lowest Bail Amount?

For minor misdemeanors, bail can generally be set at around five hundred dollars. That said, a judge can choose to raise or lower that amount. The reason why the bail is subject to purview by the judge is that the judge’s opinion may change based upon the situation and circumstances of the case. It’s important to consider that if the bail amount is very high, there are connected reasons.

How Bail Process

The bail process is important for individuals to understand. Please review the following bullet points to learn more about how the bail process works.

  • The defendant is arrested for a crime.
  • The defendant is held in police custody.
  • A friend or family member of the defendant pays bail to the court or a bail bondsman.
  • The defendant is released on the supposition that they will show up to all upcoming court appearances.
  • The bail can be recovered if the defendant shows up to all of their court and trial appearances.

Why Bail is Important

The reason why bail is important is that bail is the balance of allowing release for individuals so that they can be held accountable for their errors. Bail accomplishes the important purpose of making sure that people show up for their court dates. Bail also eliminates an unnecessary burden on taxpayers. This is because bail can track and monitor defendants due to the fact that money is involved – they have a stake in the process. Bail also protects the defendant’s rights. This is evidence that the defendant is innocent while awaiting trial.

What is Wrong with Bail Process

The critique that usually impacts the bail process is the fact that it needlessly imprisons poor people. For instance, one of the landmark examples of this is in 2010, when he was sixteen, Kalief Browder was accused of stealing a backpack. He was released on three-thousand dollar bail His family could not afford the price, which is why Kalief Browder languished in prison for three years awaiting trial. In 2015, Mr. Browder committed suicide.

bail process

Bail Process in Court

Once your bail has been determined by the judge presiding over the court, the defendant will pay a set amount of money. This amount of money is paid in order to be released from police custody. If the defendant shows up to all of their court proceedings, then their bail amount will be returned to them.

If you would like help with the bail process in Mt. Clemens and Troy, MI, we are here to help. Please give our team a call at 844-YOU-WALK.

What Does Appeal Bond Mean?

A Judge's Gavel.

What does appeal bond mean?

Are you appealing your civil case? When a decision has gone against you in a civil case, you have a right to appeal the decision to a higher court—as long as there is a legal basis—to get the decision changed. To do so you will need to file the appeal along with an appeal bond, or supersedeas bond, to stay the judgment against you until the appeal is over. The bond itself is often in the amount of the judgment, although it could be more. Similar to other bonds, an appeal bond is paid either to the court or a third party as a promise to pay the original judgment if you lose the appeal. These bonds are required in state and federal courts in order to secure the right to appeal. When you need help getting an appeal bond in Mt. Clemens and Troy, MI the trusted professionals to turn to are those at You Call Bail Bond Agency. Find out how we can help by calling 844-YOU-WALK.

What is meant by appeal?

In both criminal and civil cases, the decision a court renders can be appealed. An appeal is a request by the defendant in a criminal case (in most states} or either party in a civil case to change the judgment made in a lower court. All appeals must have some legal basis to be filed. In an appeal, errors in the trial’s procedure or errors in interpretations of laws are usually considered by a higher court. In a criminal case a defendant must file for an appeal, whereas in a civil case, the party filing the appeal must pay an appeal bond to stay the judgment until the appeal is heard. These bonds are normally paid by the defendant as a promise to pay the original judgment if the appeal is lost. 

Do you go to jail during an appeal?

In a criminal case, if you are convicted, you will serve your sentence even if you have appealed the decision. If you have been placed on deferred adjudication and received probation for the offense you won’t spend time in jail unless you violate your probation. If you are serving jail time while awaiting a decision on your appeal, in some states you may be able to get bail and be released during the course of your appeal. As with pre-trial bail, post-conviction bail will be based on the court’s decision, and you will have to meet certain conditions to remain out of jail. 

Can you post an appeal bond

If you are appealing a civil case you may wonder, “How do I get an appeal bond?” Getting an appeal bond is fairly easy. All you need to do to start the process is to call a reputable bail bond agent like those at You Call Bail Bond Agency licensed to issue such bonds. Normally, with this type of bond collateral must be put up to secure it and a premium must be paid for it to be issued. 

How does appeal bond work

The appeal bond process is fairly simple:

  • The person filing the appeal files a bond to cover the cost of the original judgment.
  • The bond is often secured through a licensed bail bond agent.
  • The bond is used as a way to protect those the court ruled in favor of until the appeal process is completed.
  • If the losing party claims bankruptcy during the appeals process, the bond is used to compensate the winning party.
  • If the losing party loses the appeal, they pay the amount of the original judgment to the winner.

How much is an appeal bond?

The amount of an appeal bond is normally 100% of the final judgment. Sometimes the amount paid is higher than the final amount. Additionally, if a bond agent is used, you’ll pay a premium based on a small percentage of the bond amount. This premium is usually smaller than a normal bail bond fee, but the amount depends on the bond agent. You will also have to put up something for collateral to secure the bond.

How to appeal immigration bond

Appealing a bond denied for any criminal case, including immigration, is a completely different procedure than filing an appeal bond. When denied bail for immigration detention, after consulting an immigration attorney, you’re going to have to go through federal authorities at Immigration and Customs Enforcement (ICE) and request a bond hearing and file an appeal. If bail is granted you’ll need to find a bail bond agent to help the detainee post bail.

A Judge Signing Documents.

Appeal bond help

If you find yourself needing to appeal a judgment in a civil case and want help getting an appeal bond in Mt. Clemens and Troy, MI reach out to the licensed professionals at You Call Bail Bond Agency. We offer a full range of bail bond services. Find out how we can help you by calling 844-YOU-WALK.