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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience:  Handling criminal and probation matters for over 14 years.
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If I am on a P R bond and conditions of my bond are to report

Resolved Question:

If I am on a P R bond and conditions of my bond are to report to office of community corrections for random drug testing, but I am ill and have legitimate documentation of my visit and also the day after I have legitimate documentation, can a warrant still be issued for my arrest for non compliance of my bond conditions
Submitted: 2 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 2 years ago.
Hi and thank you for using JustAnswer!

Please clarify: you have "legitimate documentation of my visit and also the day after I have legitimate documentation" of what? You have documentation of visit for what?
Customer: replied 2 years ago.
I missed wednesday which was my day to drop but I was ill and have the doctors note. The medicine I was given gave me a migraine and worsened my abdominal pain so I went back to the E R the next day as well and they have advised me to stay off my feet until Saturday, I have the doctor note for that as well
Expert:  JB Umphrey replied 2 years ago.
Have you contacted community corrections about your situation?
Customer: replied 2 years ago.
Yes,before I was supposed to be there on both days and have kept her posted the whole time. She told me to keep all the paperwork and prescriptions I was given so I have done that as well
Expert:  JB Umphrey replied 2 years ago.
Then you should be fine. So long as you keep in constant contact with them and provide all requested documentation, they will not violate your bond.

The relevant court rule is: MCR 6.106(I)

(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 bail or bond has been ordered, to anyone who posted bail or bond.

(b) If the defendant does not appear and surrender to the court within 28 days after the revocation date, 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 bail or bond for an amount not to exceed the full amount of the bail, and costs of the court proceedings, or if a surety bond was posted, an amount not to exceed the full amount of the surety bond. If the amount of a forfeited surety bond is less than the full amount of the bail, the defendant shall continue to be liable to the court for the difference, unless otherwise ordered by the court. If the defendant does not within that period satisfy the court that there was compliance with the conditions of release other than appearance 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 alone for an amount not to exceed the full amount of the bond, and costs of the court proceedings.

(c) The 10 percent bail deposit made under subrule (E)(1)(a)(ii) 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 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.

http://coa.courts.mi.gov/rules/documents/1Chapter6CriminalProcedure.pdf

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JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 6 other Criminal Law Specialists are ready to help you

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