Violation of Bond in Rochester Hills, Michigan

A defendant released on bond in the 52-3 District Court in Rochester Hills must comply with various bond conditions and restrictions. A minor or technical violation can jeopardize a defendant’s liberty.

How To Avoid Jail for a Bond Violation in the 52-3 District Court

If you face felony or misdemeanor allegations, you are entitled to be released on bond, unless the charges are punishable by life in prison. The judge must order reasonable bail for retail fraud charges, domestic violence, OWI (operating while intoxicated), and other felony and misd e meanor offenses. If you face bond violation allegations in Rochester Hills, your freedom is in jeopardy.

The 52-3 District Court in Rochester Hills, Michigan

The District Court in Rochester Hills, Michigan, is known to be one of the toughest courts in Oakland County and Michigan. Although a tough judge can be good for a community, courts that go too far in incarcerating people and prosecuting bond violations are not good for anyone and only cause needless pain and expense to defendants. Unfortunately, some judges in Rochester are widely known for violating defendants for technical bond violations and giving little care to uncorroborated and unreliable positive drug tests. It is not unusual for a bond to be so demanding and complicated that few people would be able to stay in compliance. A violation of bond in Rochester Hills can be almost inevitable.

The District Court is located at 700 Barclay Cir, Rochester Hills, MI 48307, and the three judges are Laura E. Polizzi, Nancy T. Carniak, and Lisa L. Asadoorian. The court has jurisdiction over all misdemeanor cases and the initial proceedings in all felony cases.

Violation of Bond in Rochester Hills District Court

Penalty for Bond Violation in Rochester Hills

Two things can happen if a defendant is found guilty of a bond violation in Rochester Hills 52-3 District Court. First, the judge can increase or revoke a bond, forcing the defendant to sit in jail while the case is pending. Secondly, the judge can charge the defendant with contempt of court, essentially a new misdemeanor criminal charge that might result in additional jail time. If a defendant faces felony charges and the judge raises or revokes the bond, the defendant could needlessly and unfairly spend months in jail waiting for the charges to be resolved.

Right to Bond and Reasonable Conditions

The right to a reasonable bond is in the 8th Amendment to the United States Constitution and the Michigan Court Rules. Some judges need a reputable defense lawyer to remind them that release on bail is a right, not a privilege! The Michigan Court Rule addressing bonds is MCR 6.106. In deciding bail in Rochester Hills, the court must consider:

(a) defendant’s prior criminal record, including juvenile offenses;
(b) defendant’s record of appearance or nonappearance at court proceedings or flight to avoid prosecution;
(c) defendant’s history of substance abuse or addiction;
(d) defendant’s mental condition, including character and reputation for dangerousness;
(e) the seriousness of the offense charged, the presence or absence of threats, and the probability of conviction and likely sentence;
(f) defendant’s employment status and history and financial history insofar as these factors relate to the ability to post money bail;
(g) the availability of responsible members of the community who would vouch for or monitor the defendant;
(h) facts indicating the defendant’s ties to the community, including family ties and relationships, and length of residence, and
(i) any other facts bearing on the risk of nonappearance or danger to the public.

A defendant in a felony case is entitled to a personal recognizance bond if they have been incarcerated for 180 days. The rule requires a personal bond for an incarcerated defendant after 28 days in the case of a misdemeanor. There are exceptions to these rules, and an experienced lawyer in Rochester Hills can further explain the technical nuances that may apply to your case and provide guidance to prevent a violation of bond in the 52-3 District Court.

What happens if there is a bond violation?

If you receive a notice of a bond violation, you and your lawyer must take it very seriously. Even for the most technical and seemingly insignificant alleged bond violation, the Rochester Hills are known to increase bonds dramatically or even revoke bonds. Lawyers unfamiliar with this district court often underestimate the significance of these allegations. If you have a lawyer you trust, you will need to prepare to defend against the allegations with that attorney. If you need a great criminal defense lawyer for the 52-3 District Court who will fearlessly and effectively fight for you, the team of defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience winning in Rochester Hills. In those cases where the defendant violated bond, their lawyer must make a strong and persuasive argument to keep them out on bond.

Bond Violation vs. Probation Violation in Rochester Hills

A bond violation and a probation violation in Rochester Hills are different. A defendant is on bond until their case is resolved or the charge is dismissed. If the defendant is convicted or pleads guilty or “no contest,” the judge can require them to serve a term of probation (court supervision). After the sentencing hearing, the bond is discharged and released. If the judge places the defendant on probation and they violate their conditions of supervision, they face a probation violation, not a bond violation.

Aggressive and Effective Rochester Hills Criminal Defense Lawyers

If you are charged with a crime in the Rochester Hills District Court, you need the best lawyers Oakland County has to offer. The best defense against overzealous prosecutors and harsh judges is an even tougher defense attorney. A strong defense is not just aggressive, but also innovative, creative, credible, and intelligent. A top-notch defense lawyer can help clients avoid bail conditions and an unintentional bond violation in Rochester Hills. When defending clients, the Rochester Hills defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. will do whatever it takes to get the best possible result and have an unparalleled track record of success.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.