Michigan Compiled Laws
175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22)
Section 766.5 - Bail; Commitment to Jail; Release on Own Recognizance.

Sec. 5.
If it appears that a felony has been committed and that there is probable cause to believe that the accused is guilty thereof, and if the offense is bailable by the magistrate and the accused offers sufficient bail, it shall be taken and the prisoner discharged until trial. If sufficient bail is not offered or the offense is not bailable by the magistrate, the accused shall be committed to jail for trial. This section shall not prevent the magistrate from releasing the accused on his own recognizance where authorized by law.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17197 ;-- CL 1948, 766.5 ;-- Am. 1974, Act 63, Eff. May 1, 1974 Compiler's Notes: Section 2 of Act 63 of 1974 provides:“Effective date.“Section 2. To give judges, prosecutors, and defense counsel a reasonable opportunity to become aware of and familiar with the time periods and sequence prescribed in this amendatory act and the effects of noncompliance, sections 20 and 21 of chapter 8 of Act No. 175 of the Public Acts of 1927, being sections 768.20 and 768.21 of the Michigan Compiled Laws, as amended by this amendatory act shall take effect May 1, 1974, and apply to cases in which the arraignment on an information occurs on or after that date. The other provisions of this amendatory act shall take effect May 1, 1974 and apply to offenses committed on or after that date.”Former Law: See section 18 of Ch. 163 of R.S. 1846, being CL 1857, § 5994; CL 1871, § 7860; How., § 9471; CL 1897, § 11855; and CL 1915, § 15682.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapters 760 - 777 - Code of Criminal Procedure

Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)

175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22)

Section 766.1 - Right of State and Defendant to Prompt Examination and Determination; Authority of District Court Magistrate.

Section 766.2, 766.3 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

Section 766.4 - Probable Cause Conference and Preliminary Examination; Dates; Scope; Waiver; Acceptance of Plea Agreement; Scheduling and Commencement of Preliminary Examination; Testimony of Victim; Definition; Codefendants; Examination by Magistrat...

Section 766.5 - Bail; Commitment to Jail; Release on Own Recognizance.

Section 766.6 - Associate Magistrate; Powers, Duties, Fees.

Section 766.7 - Adjournment, Continuance, or Delay of Preliminary Examination.

Section 766.8 - Adjournment of Examination; Form of Commitment of Accused, Order for Re-Appearance.

Section 766.9 - Closure of Preliminary Examination.

Section 766.10 - Exclusion of Persons From Examination; Witness Not Examined, Minor; Separation of Witnesses.

Section 766.11 - Subpoena of Witnesses; Taking Down Evidence in Shorthand; Appointment, Oath, and Fees of Stenographer; Signing of Testimony Not Required; Testimony to Be Typewritten, Certified, Received, and Filed; Testimony as Prima Facie Evidence.

Section 766.11a - Testimony of Witness; Conduct by Telephonic, Voice, or Video Conferencing.

Section 766.11b - Rules of Evidence; Exception; Hearsay Testimony; "Controlled Substance" Defined.

Section 766.12 - Evidence for Defense; Examination, Cross-Examination of Witnesses.

Section 766.13 - Discharge of Defendant or Reduction of Charge; Binding Defendant to Appear for Arraignment.

Section 766.14 - Proceedings Where Offense Charged Not Felony; Transfer of Case to Family Division of Circuit Court; Waiver of Jurisdiction; “Specified Juvenile Violation” Defined.

Section 766.15 - Certification and Return of Examinations and Recognizances; Effect of Refusing or Neglecting to Return Examinations and Recognizances; Written Demand or Motion to Prepare or File Written Transcript of Testimony of Preliminary Examina...

Section 766.15a, 766.15b - Repealed. 1951, Act 170, Eff. Sept. 28, 1951.

Section 766.15c - Repealed. 1966, Act 266, Eff. Mar. 10, 1967.

Section 766.15d - Repealed. 1951, Act 170, Eff. Sept. 28, 1951.

Section 766.16 - Default of Recognizance; Record; Procedure.

Section 766.17 - Admission to Bail After Commitment to Jail; Discharge of Prisoner.

Section 766.18 - Admission to Bail After Commitment to Jail; Clerk of Court, Authority.

Section 766.19-766.22 - Repealed. 1994, Act 63, Eff. July 1, 1994.