ESCANABA, Mich. (WZMQ) – In the wake of recent drug-related arrests, many Delta County residents have taken to social media to voice concerns bout the way bond is determined. Now, the Delta County Prosecutor’s Office is responding to the public’s questions and frustrations.
According to Prosecuting Attorney Lauren Wickman, bond is set by the court—typically by a judge—rather than the Prosecutor’s Office.
“At the initial arraignment is when the initial bond is set,” Wickman told WZMQ 19. “That can be anywhere from no bond in the most severe cases, like a murder case, down to a personal recognizance bond, which is a signature bond.”
During the arraignment, the prosecution makes a recommendation for the bond amount. That recommendation is based on factors including the person’s criminal history, the severity of the charges, and the strength of the case.
“The defense also gets to make arguments,” Wickman explained. “A lot of times their arguments revolve around their ties to the community, they have strong family ties, as well as, ‘They’ve always appeared in court.'”
The court then makes a decision on the bond amount and conditions. Wickman says the court cannot set a bond amount on the basis of unproven allegations.
“Kind of a hard thing for a lot of people who are not involved in the criminal justice system to wrap their head around is that it’s not meant to be a punishment,” said Wickman. “You are innocent until you’re proven guilty. The intent is for that person to appear in court and that person not to be a continued danger to the community.”
Wickman says the Prosecutor’s Office advocates for cash bonds in all drug-related cases.
On Friday, the Delta County Sheriff’s Office released a statement addressing the public’s concerns, saying the department has a “good working relationship” with the Prosecutor’s Office and the courts.
“There are times when the Delta County Sheriff’s Office has sought to release incarcerated persons due to various reasons,” Sheriff Todd M. Tardiff wrote. “Usually they are released on a tether and under various court orders. These decisions are never made rashly or without consideration for public safety. These decisions to release are not made solely by this Office, but may involve Corrections Staff, Medical Staff (both on and off site) and finally by the Courts.”
In a Facebook post earlier this week, The Prosecutor’s Office also emphasized that the community’s safety is its top priority. Click here to read the full post.
