Bond After An Arrest
MCL 780.581 — interim bond on a misdemeanor, and bail
A person arrested without a warrant for a misdemeanor or ordinance violation punishable by not more than 1 year is taken without unnecessary delay before the most convenient magistrate in the county. If no magistrate is available or trial cannot be had at once, the person may post an interim bond with the arresting officer, a supervisor, or the sheriff or deputy in charge of the jail.
What the interim bond can be. The bond is a sum of money set by the officer who takes it, not more than the maximum possible fine for the offense and not less than 20% of the minimum possible fine, and the person gets a receipt. On an arrest with a warrant the same rule applies, with the bond directed to the magistrate who signed the warrant, who may endorse a greater or lesser amount on it.
The person may be held instead, until in a proper condition to be released or until the next session of court, if the officer or department believes the person is under the influence, is wanted on another charge, cannot establish identity, or would otherwise be unsafe to release.
Beyond interim bond, a person accused of a criminal offense is entitled to bail except as otherwise provided by law, and the amount may not be excessive. The court makes findings on the record on the seriousness of the offense, protection of the public, the person's record and dangerousness, and the likelihood of appearing. Where the court allows a 10% deposit bond, the person may instead post a surety bond for 1/4 of the full amount.
On a misdemeanor or ordinance violation, the court may take the person's valid driver license as security for appearing, and gives a receipt for it.
Release conditions and the court rules on bond hearings are not covered here.
Sources for this section (4)
- MCL 780.581 — Arrest without a warrant for a misdemeanor, and interim bond
- MCL 765.6 — The right to bail, and how it is set
- MCL 780.582 — Arrest with a warrant for a misdemeanor, and interim bond
- MCL 780.585 — A magistrate changing an interim bond amount
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.