A bond order controls the amount you must post and the conditions you must follow while your Michigan criminal case is pending. When those terms no longer fit your circumstances, knowing when you can seek an adjustment helps get the process going.
Understanding the court’s authority
A Michigan court can reconsider either part of the bond order. The defense or prosecution may request a modification, and the judge may also raise the issue. The party asking for relief must present a basis for doing so.
The standard shifts at the arraignment on the information. Before that hearing, a court handling the case may alter a prior release decision only after finding a substantial reason to do so.
At that hearing, a circuit court proceeding where you are formally advised of the charges and enter a plea, the judge examines the issue anew. The earlier threshold does not apply then or afterward, although any revised order must still comply with the legal standards for pretrial release.
Evaluating grounds for change
Relevant considerations for making bond terms more or less restrictive include:
- Your history of appearing at court proceedings, failing to appear or fleeing to avoid prosecution
- Your background, including any criminal record, juvenile offenses, pending charges, substance abuse or addiction
- Your personal circumstances, including mental condition, employment and financial history, ability to post money bail, family relationships, length of residence and responsible people who can vouch for or monitor you
- Your current charge, including its seriousness, any alleged threats, the likelihood of conviction, the probable sentence and other facts related to nonappearance or public safety
New information or your conduct during release can shift this analysis in either direction. Documented compliance may support less restrictive terms, while an alleged violation or new arrest can lead the judge to consider stricter conditions.
Requesting a revised order
After identifying the proposed terms, the motion should connect each one to supporting information. Relevant documents can give the court a clearer factual basis than argument alone.
Employment records can show that your work schedule conflicts with a reporting requirement, while treatment documentation can confirm your participation in a program. If the court still considers some oversight appropriate, an attorney can propose electronic monitoring or another condition that addresses those concerns.