What Is a Cash Surety Bond Michigan?
A cash surety bond, also known as a cash bond, is a type of bond required by the courts in Michigan to ensure the appearance of a defendant at their scheduled court hearings. It is a monetary deposit made by the defendant or their family or friends, which is held by the court until the case is resolved. If the defendant fails to appear in court, the cash bond is forfeited and the court keeps the money.
Cash surety bonds are commonly used in criminal cases, where the defendant is charged with a crime and needs to be released from jail while awaiting trial. By posting a cash bond, the defendant is promising to appear in court as required, and the money serves as collateral to ensure their presence.
How Does a Cash Surety Bond Work?
When a person is arrested and taken into custody, a judge will determine whether or not they are eligible for bail. Bail is the amount of money set by the court that must be paid to secure the defendant’s release from jail. If the judge grants bail, the defendant or their family or friends can choose to post a cash bond to secure their release.
To post a cash bond, the defendant or their representative must bring the full amount of the bail in cash to the court. The court will then hold onto the money until the case is resolved. If the defendant attends all their court hearings as required, the cash bond will be returned in full, regardless of the outcome of the case.
However, if the defendant fails to appear in court, the cash bond is forfeited, and the court keeps the money. This is why cash bonds are considered risky for the person posting the bond, as they stand to lose the entire amount if the defendant does not comply with the court’s requirements.
FAQs about Cash Surety Bonds in Michigan:
Q: Can someone else post a cash bond on behalf of the defendant?
A: Yes, a friend or family member can post a cash bond on behalf of the defendant as long as they have the full amount in cash.
Q: Can the cash bond be paid using a credit card or check?
A: No, cash bonds must be paid in cash. The court does not accept credit cards or checks for this purpose.
Q: Can the defendant use the cash bond money to hire an attorney?
A: No, the cash bond is held by the court and cannot be used for any other purpose. It is strictly meant to ensure the defendant’s appearance in court.
Q: What happens if the defendant is found guilty or pleads guilty?
A: Regardless of the outcome of the case, if the defendant has attended all their court hearings, the cash bond will be returned in full.
Q: Can the cash bond be used to pay fines or restitution?
A: No, the cash bond is separate from any fines or restitution that may be imposed by the court. It is solely meant to guarantee the defendant’s presence in court.
In conclusion, a cash surety bond in Michigan is a monetary deposit made by the defendant or their representative to ensure their appearance in court. It is a risky proposition for the person posting the bond, as the entire amount is forfeited if the defendant fails to comply with the court’s requirements. However, if the defendant fulfills their obligations, the cash bond will be returned in full.