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1 chapters · 624 sections in this title.
Mich. Comp. Laws § 765.22 Surety on recognizance; discharge; notice, form.
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Sec. 22. Whenever by the order of such court a recognizance in the above form shall have been cancelled, discharged or set aside, or the cause in which said recognizance is given shall have been dismissed, the clerk of such court shall forthwith record with the register of deeds …
Mich. Comp. Laws § 765.23 Surety on recognizance; register of deeds; duty as to notices of lien and discharges; fees.
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Sec. 23. The register of deeds of the county in which such court is located shall properly keep and record all such notices of lien and notices of discharge as hereinbefore provided as may be recorded with him, and shall keep in addition thereto a book or record in which he shall…
Mich. Comp. Laws § 765.24 Effect of chapter on certain recognizances; order releasing lien.
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Sec. 24. Nothing in this chapter shall be construed as limiting or qualifying in any way the power of any such courts or any of the judges thereof to release any accused person upon his personal recognizance, or upon a recognizance executed by a surety in accordance with the prov…
Mich. Comp. Laws § 765.25 Perjury in affidavit of justification; penalty.
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Sec. 25. Any surety who shall swear falsely to any of the material facts set up in his affidavit of justification shall be deemed guilty of perjury and upon conviction thereof, shall be punished in accordance with the law in such case made and provided.
Mich. Comp. Laws § 765.26 Release of surety; arrest or detention of accused; mittimus.
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Sec. 26. (1) In all criminal cases where a person has entered into any recognizance for the personal appearance of another and such bail and surety afterwards desires to be relieved from responsibility, he or she may, with or without assistance, arrest or detain the accused and d…
Mich. Comp. Laws § 765.27 Action on recognizance; technicality as bar.
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Sec. 27. No action brought upon any recognizance entered into in any criminal prosecution, either to appear and answer, or to testify in any court, shall be barred or defeated nor shall judgment thereon be arrested, by reason of any neglect or omission to note or record the defau…
Mich. Comp. Laws § 765.28 Failure to appear; notice to surety; service; judgment; execution; set aside of forfeiture order; discharge of bail or surety bond; conditions.
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Sec. 28. (1) If a defendant fails to appear, within 7 days after the date of the failure to appear the court shall serve each surety notice of the failure to appear. The notice must be served upon each surety in person, left at the surety's last known business address, electronic…
Mich. Comp. Laws § 765.29 Witness in criminal case; necessity of giving bail for appearance.
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Sec. 29. A witness in a criminal case need not give bail for his or her appearance as a witness unless required to do so by the order of a judge of a court of record as provided in section 35 of chapter 7.
Mich. Comp. Laws § 765.3 Judges empowered to permit committed prisoners to post bail; notice to prosecuting attorney; inquiry.
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Sec. 3. A judge of the circuit court, the recorder's court of the city of Detroit, the traffic and ordinance division of the recorder's court of the city of Detroit, the district court, or a municipal court, on application of a prisoner committed for a bailable offense, and after…
Mich. Comp. Laws § 765.30 Minor or material witness; recognizance.
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Sec. 30. If a material witness in a criminal case is a minor, any other person may be allowed to recognize for the appearance of the minor.
Mich. Comp. Laws § 765.31 Proceeding to enforce recognizance; venue; service of process.
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Sec. 31. Any proceeding to enforce a recognizance taken, as provided in this act, may be brought in the county where the offense is charged to have been committed, and service of process issued in any such proceeding may be made upon the principal or surety or both anywhere in th…
Mich. Comp. Laws § 765.4 Admission to bail; procedure for information, same as under indictment.
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Sec. 4. Any person who may, according to law, be committed to jail or become recognized or held to bail with sureties for his appearance in court to answer to any indictment may, in like manner so be committed to jail, or become recognized and held to bail for his appearance, to …
Mich. Comp. Laws § 765.5 Admission to bail; persons not entitled.
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Sec. 5. No person charged with treason or murder shall be admitted to bail if the proof of his guilt is evident or the presumption great.
Mich. Comp. Laws § 765.6 Accused persons entitled to bail; amount of bail; considerations and findings; surety bond; surrender by defendant of operator's or chauffeur's license as security; receipt; expiration date; extension; written notice; return of license.
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Sec. 6. (1) Except as otherwise provided by law, a person accused of a criminal offense is entitled to bail. The amount of bail shall not be excessive. The court in fixing the amount of the bail shall consider and make findings on the record as to each of the following: (a) The s…
Mich. Comp. Laws § 765.6a Cash bond or surety as condition of granting application for bail.
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Sec. 6a. Before granting an application for bail, a court shall require a cash bond or a surety other than the applicant if the applicant (1) Is charged with a crime alleged to have occurred while on bail pursuant to a bond personally executed by him; or (2) Has been twice convic…
Mich. Comp. Laws § 765.6b Release of defendant subject to protective conditions; contents of order; purchase or possession of firearm; entering or removing order from LEIN; order to wear electronic monitoring device; other orders; definitions; authority to impose other conditions not limited; "LEIN" defined.
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Sec. 6b. (1) A judge or district court magistrate may release a defendant under this subsection subject to conditions reasonably necessary for the protection of 1 or more named persons. If a judge or district court magistrate releases a defendant under this subsection subject to …
Mich. Comp. Laws § 765.6c Bail; cash deposit; use.
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Sec. 6c. If a defendant for whom bail or bond is required personally fulfills that requirement by a cash deposit, the defendant shall be notified that upon the defendant's conviction the cash deposit may be used to collect a fine, costs, restitution, assessment, or other payment …
Mich. Comp. Laws § 765.6d Release on bail; waiver of extradition.
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Sec. 6d. (1) Except as provided in subsection (2), the court may require an individual to sign a written waiver of extradition to this state before releasing the individual on bail under this chapter. If the individual fails to sign the waiver, the court may consider the failure …
Mich. Comp. Laws § 765.6e Detainment period for individual arrested on warrant that originated in another county; exceptions.
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Sec. 6e. (1) Except in cases in which the person is alleged to have committed an assaultive crime or an offense involving domestic violence, a person who is detained on warrant of arrest in a county other than the county from which the warrant originated must be released from cus…
Mich. Comp. Laws § 765.7 Permitting defendant to post bail on own recognizance if appeal taken by or on behalf of state; exception.
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Sec. 7. If an appeal is taken by or on behalf of the people of the state of Michigan from a court of record, the defendant shall be permitted to post bail on his or her own recognizance, pending the prosecution and determination of the appeal, unless the trial court determines an…
Mich. Comp. Laws § 765.8 Surety or bail posted by attorney or counselor prohibited.
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Sec. 8. A practicing attorney or counselor shall not become a surety or post bail for the appearance of a person charged with a felony, a misdemeanor, or an ordinance violation. A surety or bail posted by an attorney or counselor in violation of this section, taken by a judge or …
Mich. Comp. Laws § 765.9 Surety; person acting in same capacity on other bond.
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Sec. 9. 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.
Mich. Comp. Laws § 766.1 Right of state and defendant to prompt examination and determination; authority of district court magistrate.
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Sec. 1. The state and the defendant are entitled to a prompt examination and determination by the examining magistrate in all criminal causes and it is the duty of all courts and public officers having duties to perform in connection with an examination, to bring it to a final de…
Mich. Comp. Laws § 766.10 Exclusion of persons from examination; witness not examined, minor; separation of witnesses.
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Sec. 10. The magistrate while conducting such examination may exclude from the place of the examination all the witnesses who have not been examined; and he may also, if requested or if he sees cause, direct the witnesses whether for or against the prisoner, to be kept separate s…
Mich. Comp. Laws § 766.11 Subpoena of witnesses; taking down evidence in shorthand; appointment, oath, and fees of stenographer; signing of testimony not required; testimony to be typewritten, certified, received, and filed; testimony as prima facie evidence.
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Sec. 11. (1) Witnesses may be compelled to appear before the magistrate by subpoenas issued by the magistrate, or by an officer of the court authorized to issue subpoenas, in the same manner and with the same effect and subject to the same penalties for disobedience, or for refus…
Mich. Comp. Laws § 766.11a Testimony of witness; conduct by telephonic, voice, or video conferencing.
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Sec. 11a. On motion of either party, the magistrate shall permit the testimony of any witness, except the complaining witness, an alleged eyewitness, or a law enforcement officer to whom the defendant is alleged to have made an incriminating statement, to be conducted by means of…
Mich. Comp. Laws § 766.11b Rules of evidence; exception; hearsay testimony; "controlled substance" defined.
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Sec. 11b. (1) The rules of evidence apply at the preliminary examination except that the following are not excluded by the rule against hearsay and shall be admissible at the preliminary examination without requiring the testimony of the author of the report, keeper of the record…
Mich. Comp. Laws § 766.12 Evidence for defense; examination, cross-examination of witnesses.
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Sec. 12. After the testimony in support of the prosecution has been given, the witnesses for the prisoner, if he have any, shall be sworn, examined and cross-examined and he may be assisted by counsel in such examination and in the cross-examination of the witnesses in support of…
Mich. Comp. Laws § 766.13 Discharge of defendant or reduction of charge; binding defendant to appear for arraignment.
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Sec. 13. If the magistrate determines at the conclusion of the preliminary examination that a felony has not been committed or that there is not probable cause for charging the defendant with committing a felony, the magistrate shall either discharge the defendant or reduce the c…
Mich. Comp. Laws § 766.14 Proceedings where offense charged not felony; transfer of case to family division of circuit court; waiver of jurisdiction; “specified juvenile violation” defined.
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Sec. 14. (1) If the court determines at the conclusion of the preliminary examination of a person charged with a felony that the offense charged is not a felony or that an included offense that is not a felony has been committed, the accused shall not be dismissed but the magistr…
Mich. Comp. Laws § 766.15 Certification and return of examinations and recognizances; effect of refusing or neglecting to return examinations and recognizances; written demand or motion to prepare or file written transcript of testimony of preliminary examination; listening to electronically recorded testimony, copy of recording tape or disc, or stenographer's notes.
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Sec. 15. (1) Except as provided in subsection (2) or (3), all examinations and recognizances taken by a magistrate pursuant to this chapter shall be immediately certified and returned by the magistrate to the clerk of the court before which the party charged is bound to appear. I…
Mich. Comp. Laws § 766.16 Default of recognizance; record; procedure.
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Sec. 16. If the person recognized according to the provisions of this chapter shall not appear before the magistrate at the time appointed for his further examination, the magistrate shall record the default, and shall certify the recognizance, with the record of such default, to…
Mich. Comp. Laws § 766.17 Admission to bail after commitment to jail; discharge of prisoner.
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Sec. 17. Whenever no sufficient bail is offered, and the prisoner is committed to jail, the magistrate before whom the examination was had, shall certify upon the mittimus issued by him, the sum for which bail was required, and if the prisoner shall offer sufficient bail for such…
Mich. Comp. Laws § 766.18 Admission to bail after commitment to jail; clerk of court, authority.
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Sec. 18. The clerk of the court to whom such bail is offered, is authorized and required to examine the person or persons offered for bail on oath as to their pecuniary responsibility, and if he shall be satisfied with the same, to take bail and certify and return the recognizanc…
Mich. Comp. Laws § 766.4 Probable cause conference and preliminary examination; dates; scope; waiver; acceptance of plea agreement; scheduling and commencement of preliminary examination; testimony of victim; definition; codefendants; examination by magistrate.
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Sec. 4. (1) Except as provided in section 4 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.4, the magistrate before whom any person is arraigned on a charge of having committed a felony shall set a date for a probable cause conference to be held not less than …
Mich. Comp. Laws § 766.5 Bail; commitment to jail; release on own recognizance.
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Sec. 5. If it appears that a felony has been committed and that there is probable cause to believe that the accused is guilty thereof, and if the offense is bailable by the magistrate and the accused offers sufficient bail, it shall be taken and the prisoner discharged until tria…
Mich. Comp. Laws § 766.6 Associate magistrate; powers, duties, fees.
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Sec. 6. Any magistrate to whom complaint is made, or before whom any prisoner is brought, may associate with himself 1 or more other magistrates of the same county, and they may together execute the powers and duties conferred upon such magistrates respectively by this chapter, b…
Mich. Comp. Laws § 766.7 Adjournment, continuance, or delay of preliminary examination.
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Sec. 7. A magistrate may adjourn a preliminary examination for a felony to a place in the county as the magistrate determines is necessary. The defendant may in the meantime be committed either to the county jail or to the custody of the officer by whom he or she was arrested or …
Mich. Comp. Laws § 766.8 Adjournment of examination; form of commitment of accused, order for re-appearance.
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Sec. 8. The person accused may be committed as provided in the preceding section, by the verbal order of the magistrate, or by a warrant under his hand, stating that he is committed for such further examination on a day to be named in the warrant; and on the day therein specified…
Mich. Comp. Laws § 766.9 Closure of preliminary examination.
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Sec. 9. (1) Upon the motion of any party, the examining magistrate may close to members of the general public the preliminary examination of a person charged with criminal sexual conduct in any degree, assault with intent to commit criminal sexual conduct, sodomy, gross indecency…
Mich. Comp. Laws § 767.1 Courts of record; jurisdiction over prosecutions upon information.
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Sec. 1. The several circuit courts of this state, the recorders' courts and any court of record having jurisdiction of criminal causes, shall possess and may exercise the same power and jurisdiction to hear, try and determine prosecutions upon informations for crimes, misdemeanor…
Mich. Comp. Laws § 767.10 Grand jury; affirmation in lieu of oath.
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Sec. 10. Any person returned as a grand juror shall be allowed to make affirmation, substituting the word "affirm" instead of the word "swear"; and also the words, "this you do under the pains and penalties of perjury", instead of the words "so help you God".
Mich. Comp. Laws § 767.11 Grand jury; size; foreman, appointment.
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Sec. 11. There shall be no more than 17 persons nor less than 13 persons sworn on any grand jury; and after such jurors have been impaneled and have received their charge from the court, they shall retire with the officer appointed to attend them and before they proceed to discha…
Mich. Comp. Laws § 767.12 Grand jury; foreman; term, vacancy.
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Sec. 12. The foreman appointed by the court in the manner provided in the preceding section, shall be foreman during the whole time they are required to serve; but in case of his death or absence or if he shall be discharged, or excused before the grand jury shall be dismissed, a…
Mich. Comp. Laws § 767.13 Grand jury; juror; grounds of objection to competency.
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Sec. 13. A person held to answer to any criminal charge may object to the competency of any 1 summoned to serve as a grand juror, on the ground that he is the prosecutor or complainant upon any charge against such person; and if such objection be established, the person so summon…
Mich. Comp. Laws § 767.14 Grand jury; no challenge of array or individual juror in other cases.
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Sec. 14. No challenge to the array of grand jurors, or to any person summoned as a grand juror, shall be allowed in any other case than that specified in the preceding section.
Mich. Comp. Laws § 767.15 Grand jury; witnesses; administration of oath, list.
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Sec. 15. The foreman of every grand jury, the attorney general and the prosecuting attorney, or other prosecuting officer who shall be before them, shall have authority to administer all oaths and affirmations, in the manner prescribed by law, to witnesses who shall appear before…
Mich. Comp. Laws § 767.16 Grand jury; clerk, stenographer; appointment, duties.
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Sec. 16. The grand jury may appoint 1 of their number to be their clerk, to preserve minutes of their proceedings and of evidence given before them; which minutes shall be delivered to the prosecuting officer, when so directed by the grand jury. Whenever it appears to the judge t…
Mich. Comp. Laws § 767.17 Grand jury; summoning after dismissal.
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Sec. 17. When the grand jury attending any court shall have been dismissed before the court is adjourned without day, they may be summoned to attend again, in the same term at such time as the court shall direct, for the dispatch of any business that may come before them.
Mich. Comp. Laws § 767.18 Grand jury; disclosure of indictment for felony.
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Sec. 18. No grand juror, stenographer or officer of the court shall disclose the fact that any indictment for a felony has been found against any person not in custody or under recognizance, otherwise than by issuing or executing process on such indictment, until such person has …