Michigan Bond Types Compared: Personal Recognizance, Cash, Surety and 10% Deposit

The judge named a bond type, and the family is asking what to pay

At arraignment the judge or magistrate says the amount and the type: "personal recognizance," "cash or surety," "10% allowed." Within an hour someone at the jail counter is trying to work out what those words mean. This page compares the five release forms a Michigan court can order so you know what each one costs up front, what comes back, and who is responsible if a court date is missed.

The vocabulary itself is covered in the sibling guide on what bond and bail mean, and the site's post on how bail works gives the overview. This page is general information about Michigan law; the right choice in your case depends on the amount, the court and your finances, and a lawyer can walk through it with you.

One rule frames everything. MCR 6.106(A) says the court must order custody, release on personal recognizance or an unsecured bond, or conditional release with or without money bail. MCR 6.106(C) makes release without money the default, and MCR 6.106(E) lets the court require money bail only for reasons it states on the record.

Personal recognizance and unsecured bonds: no money up front

A personal recognizance bond, often called a PR bond, is your signed promise to appear as required, not leave Michigan without the court's permission, and not commit any crime while released (MCR 6.106(C)). Nothing is paid. The court can still add conditions under MCR 6.106(D), such as testing or no contact.

An unsecured appearance bond works the same way with one addition: the order names an amount, and you become liable for that amount only if you fail to appear or otherwise default. You do not deposit it. Both forms end the same way: when the case closes and the conditions were met, the release order is vacated and there is nothing to refund because nothing was posted (MCR 6.106(I)(1)).

For a misdemeanor, MCL 765.6(3) also lets a court take a valid driver's license instead of other security, or as a condition of a personal recognizance release, and return it at the end of trial or sentencing.

Cash bond: the full amount, deposited with the court

A cash bond means the full bail amount is deposited with the court clerk, in cash or its equivalent, before release (MCR 6.106(E)(1)). Anyone can bring the money, but the receipt matters: whoever is named as the depositor is the person the clerk returns money to.

When the case ends with every condition met, the court must return the cash posted in the full amount (MCR 6.106(I)(1)). If you deposited the money yourself, MCR 6.106(I)(3) and MCL 765.15 direct the court to apply it first to any fine, costs, restitution or assessments ordered, and return the balance. If a relative is the depositor, ask the clerk how that court handles refunds.

10% deposit bond: a tenth paid to the court

A 10% deposit bond is paid to the court, not to a bondsman. MCR 6.106(E)(1)(a) lets a court allow release on a cash deposit of 10 percent of the full bail amount, and MCL 780.66 governs the same kind of deposit in traffic and misdemeanor cases. You sign for the full amount; if you fail to appear, you owe the rest.

The judge chooses whether to allow it. Under MCR 6.106(E)(1)(a) the court may give you the option of a 10 percent deposit, a surety bond for one quarter of the bail, full cash, or approved real property. Under MCR 6.106(E)(1)(b) the court may instead require full cash or a full surety bond and nothing less. A phrase like "cash or surety only" on your order means the deposit option is not available.

Refunds differ from a cash bond. When the conditions are met and the case ends, the court returns 90 percent of the deposit and keeps 10 percent as bond costs, or returns the entire deposit if you were not convicted of the charged crime (MCR 6.106(I)(1); MCL 780.66). Fines and costs are still taken from a deposit you made yourself before the balance comes back (MCR 6.106(I)(3)).

One statute narrows the options. MCL 765.6a requires a cash bond or a surety other than the defendant when the person is charged with a crime alleged to have occurred while on bail, or has two felony convictions within the past five years.

Surety bond: a bail bondsman posts it for a fee

A surety bond is a promise by a third party, usually a bail bondsman, to pay the court if you do not appear. Under MCR 6.106(E)(1)(a) the surety bond may be for one quarter of the bail amount when the court allows the 10 percent option; otherwise it is for the full amount (MCR 6.106(E)(1)(b); MCL 765.6(2)).

You pay the bondsman a fee for taking on that risk, and the bondsman may also ask for collateral or a co-signer. The fee is the bondsman's charge, not money the court holds, so the court does not return it when the case ends. Michigan regulates bondsmen in MCL 750.167b, which limits what they may charge to the regular prevailing rate, bars them from paying anyone to steer customers to them, and bars them from arranging a lawyer for you. The same statute also says:

• Each county keeps an alphabetical list of bondsmen that must be posted in the jail and handed to anyone who asks, without a recommendation (MCL 750.167b(4)).
• A bondsman may not try to negotiate your case or procure the dismissal of your charges (MCL 750.167b(3)).
• A bondsman may not suggest, hire or help you hire an attorney (MCL 750.167b(2)), so a lawyer referral from a bondsman is a reason to look elsewhere.

If you miss court, and how bond review works

A missed date hits each bond type differently. On a PR or unsecured bond you face a warrant and liability for any named amount. On a cash or deposit bond, MCR 6.106(I)(2) lets the court issue a warrant, revoke release and declare the money forfeited; if you do not appear within 28 days, the court can enter judgment for the full amount. On a surety bond, MCL 765.28(1) requires the court to notify the surety within 7 days and give it a chance to show cause, and judgment may be entered for up to the full bail. The bondsman then looks to you and your co-signer.

MCL 765.28(2) and MCL 765.15 allow a forfeiture to be set aside within one year if the defendant is apprehended, the ends of justice were not thwarted and the county is repaid its apprehension costs, with a 56-day limit that applies to sureties (MCL 765.28(3)).

If the bond type or amount is out of reach, the remedy is a motion to review bond. MCR 6.106(H)(2) lets a court modify its release decision before arraignment on the information for a substantial reason, and decide the question fresh after that. A lawyer can ask the court to allow the 10 percent option, lower the amount, or change conditions, and the judge decides.

What to do next

Before anyone pays, read the release order and find the exact words: "PR," "cash," "cash or surety," or "10% allowed." Keep the receipt and write down who is named as depositor. Compare the bondsman's fee, which does not come back, with a deposit made to the court, which can.

Talk to a lawyer about your own case before deciding how to post, especially when the amount is high, when MCL 765.6a limits the options, or when someone else's money is at stake. The site's bail bonds page is the office's own discussion of the money-bond forms. If you cannot afford both bond and a lawyer, ask the court about an appointed lawyer at arraignment; the guide on retained and court-appointed lawyers explains how that works.

The office of Attorney Shawn Haff, 2675 44th St SW, Suite 208, Wyoming, MI 49519, handles criminal cases in Michigan state courts and offers a free consultation at 616-438-6719, answered 24 hours a day.