Bail Bondsman In The State Of Michigan
Michigan Bail Law
1. Applicable Statutes.
2. Licensing Requirements for Agents.
Deals with the financial requirements and liabilities for sureties.
· Sec. 20. (1) A judge or magistrate may administer an oath to a proposed surety upon a recognizance given for the release of a person accused of a felony, misdemeanor, or ordinance violation, to ascertain his or her financial condition. · A judge or district court magistrate may require a surety to pledge to the people of the state, real estate owned by the surety and located in the county in which the court is established. The value of the interest of the surety in the real estate shall be at least equal to the penal amount of the recognizance. If a pledge of real estate is required, the surety shall execute the usual form of recognizance and, in addition, there shall be included in the recognizance, as a part of the recognizance, an affidavit of justification in substantially the following form. The affidavit shall be executed by the proposed surety under an oath administered by the clerk, a district court magistrate, or a judge of the court.
· MacArthur recognizes, however, that there are presently “no statutes for regulating . . . bail recovery agents.” 3. Notice of Forfeiture
Gives procedures for notice and execution of forfeiture.
· Sec. 28. Whenever default (on forfeiture) shall be made in any recognizance in any court of record, the same shall be duly entered of record by the clerk of said court and upon the motion of the attorney general, prosecuting attorney or city attorney, may give the surety or sureties 20 days’ notice. · The notice shall be served upon said surety or sureties in person or left at his or their last known place of residence. · The surety or sureties shall be given an opportunity to appear before the court on a certain day and show cause why judgment should not be entered against him or them for the full amount of such recognizance. · If good cause is not shown, the court shall then enter judgment against the surety or sureties on said recognizance for such amount as it may see fit not exceeding the full amount thereof. 4. Allotted Time between Forfeiture Declaration and Payment Due Date.
Seems to provide a period between order of forfeiture and disposition of funds.
· If bond or bail is forfeited, the court shall enter an order upon its records directing the disposition of the cash, check, or security within 45 days of the order.
5. Forfeiture Defenses.
Establishes that forfeiture may be set aside upon a showing of good cause.
· The surety or sureties shall be given an opportunity to appear before the court on a certain day and show cause why judgment should not be entered against him or them for the full amount of such recognizance. · If good cause is not shown, the court shall then enter judgment against the surety or sureties on said recognizance for such amount as it may see fit not exceeding the full amount thereof.
An equivalent bond may be substituted for property before forfeiture.
· Any person, firm or corporation availing himself or itself of the provisions of this chapter may, at any time before forfeiture of the same, redeem any cash or securities so deposited by substituting the bond originally required or permitted.
Sets forth conditions for releasing a bail or bond from liability.
· (3) Bail is released by the release of the judgment or upon the surrender of the judgment debtor for commitment within the prescribed period (set by the court). · (4) Bond is released by the release of a judgment or upon the payment of the judgment, interest and costs, within the prescribed period (set by the court). 6. Remission.
Provides conditions and procedure for remission.
· The court shall set aside the forfeiture and discharge the bail or bond, within 1 year from the time of the forfeiture judgment, in accordance with subsection (2) if: · the person who forfeited bond or bail is apprehended, · the ends of justice have not been thwarted, · and the county has been repaid its costs for apprehending the person. · (2) If bond or bail is discharged, the court shall enter an order with a statement of the amount to be returned to the depositor. Upon presentation of a certified copy of the order, the treasurer or clerk having the cash, check, or security shall pay or deliver it as provided in the order to the person named in the order.
Remission by circuit court.
· The circuit court for the county in which such court was held, or in which such recognizance was taken, may, upon good cause shown, remit any penalty, or any part thereof, upon such terms as appear just and equitable to the court. 7. Bail Agent’s Arrest Authority.
Set forth provisions for arrest and release of an accused by a surety.
· In all criminal cases where any person or persons have entered into any recognizance for the personal appearance of another and such bail and surety shall afterwards desire to be relieved from his responsibility, he may with or without assistance, arrest the accused and deliver him at the jail or to the sheriff of said county. · In making such arrest he shall be entitled to the assistance of the sheriff, chief of police of any city or any peace officer. The sheriff or keeper of any jail in said county is authorized to receive such principal and detain him in jail until he is discharged in due course of law. · Upon delivery of his principal at the jail by the surety or any officer, such surety shall be released from the conditions of his recognizance. 8. Other Noteworthy Provisions.
A Justice of the peace has discretion as to acceptability of proper surety or sureties on a bail bond, but he does not have power or authority to refuse to accept proper bond if it has been properly executed and current authority of corporate surety and agent has been made known to justice.
Deals with the lawful acceptance of one surety.
· In any cause, matter or proceeding where the giving of any bond is required or permitted, and more than 1 surety is required, it shall be lawful for the court, or person who is authorized to approve such a bond, to accept and approve a bond with but 1 surety, provided the surety is a corporation qualified to act as surety or guarantor.
Issuance of certificate of authority; proof of solvency.
· That upon production of proof to the insurance commissioner by such company that it possesses the qualifications by this act required and has complied therewith, he shall issue to such company and such of its agents in this state, his certificate that such company is for the ensuing year authorized to become and be accepted as sole surety on all bonds, undertakings and obligations, required or permitted by law. This certificate shall be conclusive proof of the solvency and credit of such company for all purposes and of its right to be so accepted as such sole surety and its sufficiency as such.
Sets forth prohibited conduct for bondsmen in criminal cases and establishes that a list of bondsmen shall be posted by the authorities in appropriate places – giving detailed regulations for such.
· No person engaged, either as principal or as the clerk, agent or representative of another, in the business of becoming surety upon bonds for compensation in any criminal case, either directly or indirectly, shall give, donate, lend or contribute, or promise to give, donate, lend or contribute, any money or property to any attorney at law, police officer, sheriff, jailer, probation officer, clerk or other attaché of any criminal court, or public official or employee, for procuring, or assisting in procuring, any person to employ the bondsman to execute as surety any bond for compensation in any criminal case. · No person engaged, either as principal or as the clerk, agent or representative of another, in the business of becoming surety upon bonds for compensation in any criminal case, either directly or indirectly, shall procure, suggest, aid in the procurement of or cause in any way whatsoever the obtaining or employing of any attorney at law for any person in a criminal case. · Maximum charge for bond; dismissal of charge. It shall be lawful to charge for executing any bond in a criminal case, but no person engaged in the bonding business, either as principal or clerk, agent or representative of another, either directly or indirectly, shall charge, accept or receive any sum of money or property, other than the regular prevailing fee for bonding, which shall not exceed 10% of the face value of the bond for a 12 month period or any part thereof, from any person for whom he has executed bond, for any other service whatever performed in connection with any indictment, information or charge upon which the person is bailed or held. · No person engaged, either as principal or as the clerk, agent or representative of another, in the bonding business shall settle or attempt to settle, or shall procure or attempt to procure, the dismissal of any indictment, information or charge against any person in custody or held upon bond with any court or with the prosecuting attorney in any court. · List of bondsmen. A typewritten or printed list, alphabetically arranged, of all persons engaged in the business of becoming surety upon bonds for compensation in criminal cases within the county shall be posted in a conspicuous place in each police precinct, jail, prisoner’s dock and house of detention and in every other place in which persons in custody of the law are detained, and 1 or more copies thereof shall be kept on hand. The list shall be compiled annually by the judges of the circuit court of each circuit, and the names of persons engaged in the business of becoming surety upon bonds for compensation shall be added to the list by the judges upon proper application. When any person who is detained in custody in any such place of detention requests any person in charge thereof to furnish him the name of a bondsman, or to put him in communication with a bondsman, the list shall be furnished to the person so requesting, without recommendation.
Sets forth procedure for a surety to receive release from liability.
Establishes the inclusion of a surety bond fee as an expense of executing a trust.
Establishes that a surety may not be a practicing attorney.
A judge may refuse to accept the same surety to act on behalf of multiple persons. · Any magistrate or judge of any court shall have authority in his discretion to refuse to accept as surety upon a bond any person who shall, at the time of so offering himself, be acting as surety on any other bond pending in his court. 9. Noteworthy State Appellate Decisions.
CIRCUIT JUDGES, Defendants-Appellants. Supreme Court of Michigan. Argued Dec. 9, 1992. Decided June 15, 1993. · Bail bondsman sought writ of superintendent control after a circuit court removed him from list of approved bail bondsman. The Court of Appeals (187 Mich.App. 431, 468 N.W.2d 253) determined that the insurance commissioner, rather than judges, had authority to suspend bail bondsman. · Appeal was taken by the Michigan Supreme Court. The Supreme Court held that judges have authority to remove a bail bondsman’s name from list. The Court of Appeals decision was reversed.
Appellants, v. Charles GOLDFARB and Irwin Goldfarb, d/b/a Goldfarb Bonding Agency, Defendants-Appellants and Cross-Appellees, and Carman A. Mitchell, d/b/a Carman A. Mitchell Bail Bonds Agency, Defendant. Supreme Court of Michigan. Argued Oct. 7, 1980. Decided Dec. 20, 1982. · Action was brought challenging the legality of business practices of bail bond agencies. The Circuit Court, Wayne County, entered an order allowing intervention and substitution of plaintiffs, defying and certifying class, and preliminarily enjoining defendants from overcharging or summarily re-arresting a principal about a bail bond, and the Court of Appeals affirmed in part, reversed in part, and remanded. 88 Mich.App. 519, 278 N.W.2d 653. The defendants appealed and plaintiffs cross-appealed. · The Supreme Court, held that: (1) the statutes unambiguously limited the fee a bondsman could charge to 10% of face value of the bond; (2) fee statute did not limit a bondsman’s right to take collateral security.
Court of Appeals of Michigan. Submitted Oct. 14, 1987. Decided Oct. 17, 1988.
10. Bounty Hunter Provisions. Now, there appear to be no specific regulations for “Bounty Hunters” in the Michigan statutes. In 1998 Michigan passed S 820, the Bail Recovery Regulation Act, which was vetoed in December 22, 1998.
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