Michigan Compiled Laws
Mich. Comp. Laws § 765.12 (2026)
Deposit of cash; certified check or certain securities in lieu of bond or bail; right.
✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
765.12 Deposit of cash; certified check or certain securities in lieu of bond or bail; right.
Sec. 12.
In any criminal cause or proceeding where bond or bail of any character is required or permitted for any purpose, the party or parties required or permitted to furnish such bail or bond may deposit, in lieu thereof, in the manner herein provided, cash, certified check on any state or national bank in this state, obligations of the United States government negotiable by delivery or bonds of any municipality of this state negotiable by delivery, equal in amount to the amount of the bond or bail so required or permitted.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17174 ;-- CL 1948, 765.12
FormerLaw Notes:
See section 1 of Act 332 of 1919.
Notes of Decisions
Cited in 4
cases, 1976–1990 · leading case: People v. Pavlak, 297 N.W.2d 878 (Mich. Ct. App. 1980).
People v. Pavlak, 297 N.W.2d 878 (Mich. Ct. App. 1980). “15 applies solely to such negotiable securities as are permitted to be filed in lieu of bond or bail under MCL 765.12; MSA 28.899. 2 The basis for distinction *194 between the deposit and the corporate surety bond was explained thusly, 72 Mich App 702 , 708: "In the deposit…”
People v. Evans, 454 N.W.2d 105 (Mich. 1990). “We hold that the set-aside provision applies only where the defendant's release was obtained by the placement of cash, a check, or certain securities on deposit with the trial court, pursuant to MCL 765.12; MSA 28.899, in lieu of the more typical surety bond.”
People v. Evans, 425 N.W.2d 209 (Mich. Ct. App. 1988). “This Court affirmed the trial court’s refusal to remit to the surety the $5,000 paid in satisfaction of the judgment entered against it, holding that the term "security” in the statute applies only to such negotiable securities as are permitted to be filed in lieu of bond or…”
People v. Tom Johnson, 250 N.W.2d 508 (Mich. Ct. App. 1976). “” MCLA 765.12; MSA 28.899. *706 The following section sets out the procedures to be followed in depositing such cash, check or security.”
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