Holt, MI asked in Criminal Law and DUI / DWI for Michigan

Q: can a judge revoke a bond for absolutely no reason at all??

he said because he never shouldve granted it because its a felony and the person should b in jail , even tho he gave 2 pr bond before & this cash bond & the person is working, doing everything supposed to be doing & they're supposed to have already dropped the felony, the whole case is trumped up charges & they've been screwing with him for years on this case& today was supposed to b dropping the felony & him being charged with the only real charg they had which was dwl ..

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Bond is discretionary, subject to court rules. No, a judge cannot revoke bond for no reason...but it doesn't take much of a reason. Can a judge raise a bond, remanding the person to jail in the interim - effectively revoking bond? Sometimes, depending on circumstances. There are judges that have done both.

I suspect this is an OWI-3rd situation. As a general rule, when charged with a felony, when people say "they were supposed to have already dropped the felony", they typically are operating under a misunderstanding of how the process works. An offer may have been made by the prosecutor for the client to enter a plea to OWI-2nd, for instance (a one-year misdemeanor), and then dismiss the felony charge, if the client waives the preliminary exam. Many people take that to mean the felony is "dropped"; it's not. What that offer means is that until to enter that guilty plea, the felony remains. If you elect to go to trial, you will be tried on the felony, not the misdemeanor.

In criminal matters, an offer means very little until you actually plea. The judge sets bond based on what's charged; not what's offered.

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