Being arrested doesn’t always mean staying in jail. So, what is a surety bond in Michigan?
A surety bond is a type of bail bond that allows a defendant to be released from jail by paying a percentage of the bail through a bail bondsman, who guarantees the full amount if the defendant fails to appear.
With decades of criminal defense experience in Michigan, I’ve helped many clients understand their bail options. Here’s what you need to know.
What Does a Surety Bond Mean in Jail?
A surety bond is a financial agreement involving three parties:
- The court, which sets the bail amount
- The defendant, who is in custody
- A surety (bail bond agent or bondsman), who guarantees the defendant will appear in court
If the defendant fails to show up, the bond company is responsible for the full bail—and may take legal action to recover it from the defendant or their co-signer.
How Does a Surety Bond Work in Jail?
A surety bond works as a three-party agreement between the court, a bail bondsman, and the defendant to guarantee the defendant’s appearance in court. The bondsman pays the full bail amount, and the defendant pays a non-refundable percentage—usually 10%.
The court accepts the bond in place of full cash bail. If the defendant appears at all court dates, the bond is discharged. If not, the bondsman may be held liable and pursue repayment or re-arrest.
Here’s a step-by-step breakdown of how to secure a surety bond in Michigan:
1. Judge Sets the Bail Amount
During arraignment, the court decides if the defendant is eligible for release and sets the bail amount based on the charges, criminal history, and flight risk.
2. Contact a Bail Bond Agent
If you can’t afford the full amount, contact a licensed Michigan bail bondsman, who usually charges a non-refundable fee (10%–15%).
3. Bond Agent Pays the Court
The agent posts a surety bond on your behalf, securing the defendant’s release.
4. Defendant Must Appear in Court
If they fail to appear, the full bond amount becomes due—and the bond agent may involve recovery agents to locate the individual.
Surety Bond vs. Cash Bond in Michigan
| Feature | Surety Bond | Cash Bond |
|---|---|---|
| Who Pays | Bail bondsman posts bond | Defendant or family pays full amount |
| Upfront Cost | Typically 10% of bail | 100% of bail amount |
| Refundable? | No (fee to bondsman is non-refundable) | Yes (refunded if all court appearances are met) |
| Risk to Family | Bondsman may pursue co-signer if defendant flees | Funds are lost if defendant misses court |
Surety Bond vs Cash Bond: What’s the Difference?
| Bond Type | Who Pays? | Refundable? | Common Use |
|---|---|---|---|
| Cash Bond | Defendant or family | Yes, if all court terms met | Small bail amounts |
| Surety Bond | Bail bondsman (third party) | No (fee is non-refundable) | Higher bail amounts |
Key Takeaway: A surety bond is ideal when you can’t pay bail in full, but understand the bond company keeps its fee even if all court appearances are made.
Who Qualifies for a Surety Bond in Michigan?
Most individuals charged with non-violent, non-capital offenses are eligible for bail and can use a surety bond.
Factors That Affect Eligibility:
- Severity of the offense
- Criminal record
- Flight risk
- Community ties and employment
- Risk to public safety
In some cases—such as repeat felony arrests or failure to appear history—a judge may deny bail altogether or require a cash-only bond.
Can You Get a Surety Bond Refund?
No, a surety bond is not refundable in Michigan. The amount you pay—typically 10% of the full bail—is a fee paid to the bondsman for guaranteeing your release. Even if your case is dismissed or you appear at all hearings, that money is kept as the cost of the service.
Unlike cash bail, which is refundable after full court compliance, surety bond fees are retained by the bonding agency regardless of the case outcome.
What Happens If You Violate a Bond Agreement?
If you violate a bond agreement in Michigan—by missing a court date, getting arrested again, or failing to follow release conditions—the court can revoke your bond and issue a bench warrant for your arrest. This often leads to jail time and financial consequences.
Once bond is revoked, the court may:
-
Forfeit the bond amount (especially in cash bonds)
-
Hold the bondsman liable in surety bond cases
-
Deny future bail or impose stricter release conditions
-
Impose new charges (such as failure to appear)
If a bail bondsman posted a surety bond on your behalf, they may send recovery agents to locate you and return you to custody. Your co-signer (if any) may also face financial penalties.
Violating bond terms can seriously impact your case and future bail eligibility, so always comply with all release conditions and court dates.
What Happens If You Miss Court on a Surety Bond?
If you miss court on a surety bond, the court may issue a bench warrant and revoke the bond. The bondsman can lose the entire bail amount and may attempt to locate and surrender you to avoid forfeiture.
If a defendant fails to appear for a scheduled hearing:
- The court issues a bench warrant
- The surety (bond agent) must pay the full bail amount to the court
- The agent may send a bounty hunter or recovery agent
- The co-signer may be held financially responsible
In many cases, the bail bonds company will use bounty hunters or recovery agents to apprehend you. Additionally, missing court can lead to new charges, loss of future bail eligibility, and additional financial consequences for your co-signer.
Failure to appear is a separate criminal offense in Michigan, often resulting in additional fines, jail time, or loss of bond eligibility.
How to Get a Surety Bond Quickly in Michigan
If your loved one is in jail and bail is set, follow these steps:
- Contact a criminal defense attorney first – They may be able to reduce bail or argue for release on recognizance.
- Get the booking details – Know the charge, bail amount, and jail location.
- Call a licensed Michigan bail bondsman – Provide the necessary info and pay the bond fee.
- Sign paperwork as the indemnitor (you agree to cover the full bail if the defendant flees).
- Wait for release – It typically takes 1–6 hours, depending on the jail.
Is a Surety Bond Better Than a Cash Bond?
A surety bond is often better than a cash bond for defendants who cannot afford to pay the full bail amount. However, cash bonds are refundable if court conditions are met, while surety bonds are not.
Surety bonds are more accessible but come with long-term financial trade-offs and legal risks. Cash bonds cost more upfront but provide a path to full refund if court obligations are satisfied. Your choice should depend on your financial situation and whether refundability is a priority.
Is a Surety Bond Better Than a Personal Recognizance Bond?
Personal recognizance (PR) bonds require no payment, but they are only granted if the defendant is considered a low flight risk and the charges are minor.
Surety bonds offer broader access but involve financial risk and third-party oversight.
Pros of Surety Bonds:
- Faster release if you can’t afford bail
- Available for higher-risk cases
Cons:
- Non-refundable fee
- Co-signer liability
Can You Negotiate Bail in Michigan?
Yes—bail can be negotiated at the arraignment with the help of a criminal defense lawyer.
At DG Moore Law, we often advocate for lower bail or personal recognizance release, especially when:
- The defendant has no prior record
- Charges are non-violent
- The individual has strong ties to the community
Judges have discretion, and well-prepared arguments can significantly reduce the financial burden.
What Are the Rights of a Co-Signer on a Surety Bond?
If you sign a surety bond, you’re not just helping a friend—you’re taking on legal and financial responsibility.
As a Co-Signer, You Have the Right To:
- Understand all terms before signing
- Know the full bail amount and fees
- Withdraw responsibility before the bond is posted
But You Are Also Responsible If:
- The defendant skips court
- The defendant commits a new crime while out on bond
- Fees and penalties go unpaid
It’s critical to consult an attorney if you’re unsure about the risks of co-signing.
Get Help From a Trusted Michigan Criminal Defense Attorney
Dealing with bail and jail time is stressful—but you don’t have to do it alone. At DG Moore Law Office, we’ve spent decades helping Michigan families understand their legal options and secure fast releases.
Call us now at 269-808-8007 or schedule a free consultation to talk about your case. We’ll help you get the answers—and support—you need.
