Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.167b (2026)

Bondsman in criminal cases; procurement of attorney; maximum charge for bond; dismissal of charge; list of bondsmen; posting; compilation; record; violation; penalty.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.167b Bondsman in criminal cases; procurement of attorney; maximum charge for bond; dismissal of charge; list of bondsmen; posting; compilation; record; violation; penalty.

Sec. 167b.

    (1) No person engaged, either as principal or as the clerk, agent or representative of another, in the business of becoming surety upon bonds for compensation in any criminal case, either directly or indirectly, shall give, donate, lend or contribute, or promise to give, donate, lend or contribute, any money or property to any attorney at law, police office, sheriff, jailer, probation officer, clerk or other attache of any criminal court, or public official or employee, for procuring, or assisting in procuring, any person to employ the bondsman to execute as surety any bond for compensation in any criminal case. No attorney at law, police officer, sheriff, jailer, probation officer, clerk or other attache of any criminal court, or public official or employee of any character, shall accept or receive from any person engaged in the bonding business any money or property for procuring, or assisting in procuring, any person to employ any bondsman to execute as surety any bond for compensation in any criminal case.

    (2) No person engaged, either as principal or as the clerk, agent or representative of another, in the business of becoming surety upon bonds for compensation in any criminal case, either directly or indirectly, shall procure, suggest, aid in the procurement of or cause in any way whatsoever the obtaining or employing of any attorney at law for any person in a criminal case.

    (3) It shall be lawful to charge for executing any bond in a criminal case, but no person engaged in the bonding business, either as principal or clerk, agent or representative of another, either directly or indirectly, shall charge, accept or receive any sum of money or property, other than the regular prevailing fee for bonding, which shall not exceed 10% of the face value of the bond for a 12 month period or any part thereof, from any person for whom he has executed bond, for any other service whatever performed in connection with any indictment, information or charge upon which the person is bailed or held. No person engaged, either as principal or as the clerk, agent or representative of another, in the bonding business shall settle or attempt to settle, or shall procure or attempt to procure, the dismissal of any indictment, information or charge against any person in custody or held upon bond with any court or with the prosecuting attorney in any court.

    (4) A typewritten or printed list, alphabetically arranged, of all persons engaged in the business of becoming surety upon bonds for compensation in criminal cases within the county shall be posted in a conspicuous place in each police precinct, jail, prisoner's dock and house of detention and in every other place in which persons in custody of the law are detained, and 1 or more copies thereof shall be kept on hand. The list shall be compiled annually by the judges of the circuit court of each circuit, and the names of persons engaged in the business of becoming surety upon bonds for compensation shall be added to the list by the judges upon proper application. When any person who is detained in custody in any such place of detention requests any person in charge thereof to furnish him the name of a bondsman, or to put him in communication with a bondsman, the list shall be furnished to the person so requesting, without recommendation, and the person in charge of the place of detention within a reasonable time shall put the person detained in communication with the bondsman selected and, contemporaneously with the transaction, make in the blotter or book of record kept in any place of detention a record showing the name of the person requesting the bondsman, the offense with which the person is charged, the time at which the request was made, the bondsman requested, and the person by whom the bondsman was called, and preserve the same as a permanent record in the book or blotter in which entered.

    (5) Any person violating any provision of this section shall be punished as provided in section 168.

History: Add. 1963, Act 169, Eff. Sept. 6, 1963

Notes of Decisions
Cited in 6 cases, 1979–1993 · leading case: Citizens for Pretrial Just. v. Goldfarb, 327 N.W.2d 910 (Mich. 1982).
Sort: Relevance Newest Treatment
Citizens for Pretrial Just. v. Goldfarb, 327 N.W.2d 910 (Mich. 1982). · cites it 22× “PROCEDURAL HISTORY OF THE CASE The plaintiffs raised three substantive issues: 1) *263 Whether the defendants violated MCL 750.167b(3); MSA 28.364(2)(3) [3] by charging a fee greater than the 10% statutory maximum (Count I); 2) Whether the defendants violated MCL 750.”
Citizens for Pre-Trial Just. v. Goldfarb, 278 N.W.2d 653 (Mich. Ct. App. 1979). · cites it 10× “Thus, runs the argument, the statute setting the maximum fee which can be charged for a bail bond (MCL 750.167b[3]; MSA 28.364[2][3]) was a part of the contract.”
Calvert v. Lapeer Circuit Judges, 502 N.W.2d 293 (Mich. 1993). · cites it 16× “MCL 750.167b(1); MSA 28.364(2)(1). Subsection (2) prohibits bondsmen from procuring business for attorneys.”
Stillman v. Goldfarb, 431 N.W.2d 247 (Mich. Ct. App. 1988). · cites it 3× “The only factors linking the agreement to Pennsylvania were the fact that Charles Goldfarb traveled to Pennsylvania to post the bail bond in federal court and the fact that Allegheny and Fidelity both conducted business in Pennsylvania.”
Calvert v. Lapeer Circuit Judges, 468 N.W.2d 253 (Mich. Ct. App. 1991). · cites it 16× “Further, MCL 750.167b; MSA 28.364(2) does not grant the court authority to regulate the list of bondsmen or to delete a bondsman's name.”
People v. Evans, 454 N.W.2d 105 (Mich. 1990). · cites it 2× “, Citizens for Pretrial Justice v Goldfarb, 415 Mich 255 ; 327 NW2d 910 (1982); MCL 750.167b; MSA 28.364(2), or by a private individual, who generally pledges real property to the court in exchange for the defendant's release.”
— Mich. Comp. Laws § 750.167b(1) — 1 case
Calvert v. Lapeer Circuit Judges, 502 N.W.2d 293 (Mich. 1993). “MCL 750.167b(1); MSA 28.364(2)(1). Subsection (2) prohibits bondsmen from procuring business for attorneys.”
— Mich. Comp. Laws § 750.167b(2) — 1 case
Calvert v. Lapeer Circuit Judges, 502 N.W.2d 293 (Mich. 1993). “MCL 750.167b(1); MSA 28.364(2)(1). Subsection (2) prohibits bondsmen from procuring business for attorneys.”
— Mich. Comp. Laws § 750.167b(3) — 5 cases
Citizens for Pretrial Just. v. Goldfarb, 327 N.W.2d 910 (Mich. 1982). “PROCEDURAL HISTORY OF THE CASE The plaintiffs raised three substantive issues: 1) *263 Whether the defendants violated MCL 750.167b(3); MSA 28.364(2)(3) [3] by charging a fee greater than the 10% statutory maximum (Count I); 2) Whether the defendants violated MCL 750.”
Citizens for Pre-Trial Just. v. Goldfarb, 278 N.W.2d 653 (Mich. Ct. App. 1979). “Thus, runs the argument, the statute setting the maximum fee which can be charged for a bail bond (MCL 750.167b[3]; MSA 28.364[2][3]) was a part of the contract.”
Stillman v. Goldfarb, 431 N.W.2d 247 (Mich. Ct. App. 1988). “The only factors linking the agreement to Pennsylvania were the fact that Charles Goldfarb traveled to Pennsylvania to post the bail bond in federal court and the fact that Allegheny and Fidelity both conducted business in Pennsylvania.”
Calvert v. Lapeer Circuit Judges, 502 N.W.2d 293 (Mich. 1993). “MCL 750.167b(1); MSA 28.364(2)(1). Subsection (2) prohibits bondsmen from procuring business for attorneys.”
Calvert v. Lapeer Circuit Judges, 468 N.W.2d 253 (Mich. Ct. App. 1991). “Further, MCL 750.167b; MSA 28.364(2) does not grant the court authority to regulate the list of bondsmen or to delete a bondsman's name.”
— Mich. Comp. Laws § 750.167b(4) — 2 cases
Calvert v. Lapeer Circuit Judges, 502 N.W.2d 293 (Mich. 1993). “MCL 750.167b(1); MSA 28.364(2)(1). Subsection (2) prohibits bondsmen from procuring business for attorneys.”
Calvert v. Lapeer Circuit Judges, 468 N.W.2d 253 (Mich. Ct. App. 1991). “Further, MCL 750.167b; MSA 28.364(2) does not grant the court authority to regulate the list of bondsmen or to delete a bondsman's name.”
— Mich. Comp. Laws § 750.167b(5) — 1 case
Calvert v. Lapeer Circuit Judges, 502 N.W.2d 293 (Mich. 1993). “MCL 750.167b(1); MSA 28.364(2)(1). Subsection (2) prohibits bondsmen from procuring business for attorneys.”
— Mich. Comp. Laws § 750.167b(l) — 1 case
Calvert v. Lapeer Circuit Judges, 502 N.W.2d 293 (Mich. 1993). “MCL 750.167b(1); MSA 28.364(2)(1). Subsection (2) prohibits bondsmen from procuring business for attorneys.”
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