Bond vs. Bail - Paul J. Tafelski

From Paul J. Tafelski, Michigan Defense Law – Bond vs. Bail explains the crucial differences between two frequently misunderstood legal terms that significantly impact the pretrial experience of individuals facing criminal charges in Michigan. The episode, titled Bond vs. Bail, dives into how the Michigan legal system defines and handles bail and bond, offering clarity on the financial and procedural implications of each. While these terms are often used interchangeably, this podcast sheds light on their unique roles within the justice system, particularly in jurisdictions like Oakland County.

Listeners will learn how bail represents a direct payment to the court by the defendant, while a bond involves a contractual agreement among the defendant, the court, and a bail bond company. We explore different types of bonds, including surety bonds, cash bonds, property bonds, and personal recognizance bonds, each with its own procedures and requirements. The episode also discusses the rights protected by Article 1, Section 15 of the Michigan Constitution, which ensures bail availability for most charges, with exceptions for capital offenses and situations where public safety is at risk.

We walk through what happens during a bail hearing in Michigan, emphasizing the judge’s role in evaluating factors like flight risk, criminal history, and community ties to determine appropriate release conditions. Detailed examples show how conditions such as curfews, employment requirements, substance abuse treatment, and no-contact orders can influence a defendant's release and ongoing obligations. The consequences of violating bail conditions—like bond forfeiture, new charges, or even jail—are also thoroughly addressed.

Finally, this episode covers the endgame of the bail process: refunds and exoneration. Whether bail was posted in full or via a bond, understanding how and when the money or collateral is returned is critical. We explain how courts handle cash refunds, what bail bond exoneration means, and the process of releasing collateral after a case concludes. If you or a loved one is navigating this complex process, Bond vs. Bail from Michigan Defense Law provides clear, informative guidance, alongside trusted support from experienced Oakland County criminal defense lawyers.

Paul J. Tafelski, Michigan Defense Law

2525 S Telegraph Rd Suite 100, Bloomfield Hills, MI 48302, United States

(248) 451-2200

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