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Bail Bond/Application to set aside Conviction

(I) Termination of Release Order.


(1) If the conditions of the release order are met and the defendant is discharged from all obligations in the case, the court must vacate the release order, discharge anyone who has posted bond, and return the cash (or its equivalent) posted in the full amount of a bond, or, if there has been a deposit of 10 percent of the bond amount, return 90 percent of the deposited money and retain 10 percent.


(2) If the defendant has failed to comply with the conditions of release, the court may issue a warrant for the arrest of the defendant and enter an order revoking the release order and declaring the bail money deposited or the surety bond, if any, forfeited.


(a) The court must mail notice of any revocation order immediately to the defendant at the defendant's last known address and, if forfeiture of bond has been ordered, to anyone who posted bond.


(b) If the defendant does not appear and surrender to the court within 28 days after the revocation date or does not within the period satisfy the court that there was compliance with the conditions of release or that compliance was impossible through no fault of the defendant, the court may continue the revocation order and enter judgment for the state or local unit of government against the defendant and anyone who posted bond for the entire amount of the bond and costs of the court proceedings.


(c) The 10 percent bond deposit made under subrule (E)(1)(a)(ii)[B] must be applied to the costs and, if any remains, to the balance of the judgment. The amount applied to the judgment must be transferred to the county treasury for a circuit court or recorder's court case, to the treasuries of the governments contributing to the district control unit for a district court case, or to the treasury of the appropriate municipal government for a municipal court case. The balance of the judgment may be enforced and collected as a judgment entered in a civil case.

APPLICATION TO SET ASIDE CONVICTION: 

To Represent yourself you can find the forms and information on the Michigan Courts self help web page listed below.

 http://courts.mi.gov/self-help/center/casetype/pages/setasideac.aspx

 

 

 

 

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