Michigan Compiled Laws

Mich. Comp. Laws § 765.5 (2026)

Admission to bail; persons not entitled.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


765.5 Admission to bail; persons not entitled.

Sec. 5.

    No person charged with treason or murder shall be admitted to bail if the proof of his guilt is evident or the presumption great.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17167 ;-- CL 1948, 765.5

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1969–2021 · leading case: People v. Javens, 677 N.W.2d 329 (Mich. 2004).
People v. Javens, 677 N.W.2d 329 (Mich. 2004). · cites it 2× “1, § 15, MCL 765.5 and 765.6(1), and MCR 6.106(A) and (B), make clear that solicitation to commit murder, MCL 750.”
People v. Giacalone, 167 N.W.2d 871 (Mich. Ct. App. 1969). · cites it 2× “…required by the general court rules and his obedience to the orders of this Court. 1 Const 1963, art 1, §§15, 16; MCLA §§ 765.5, 765.6 (Stat Ann 1954 Rev §§ 28.892, 28.893); 1 Gillespie, Michigan Criminal Law & Procedure (2d cd), § 265, p 302, ei seq. 2 Carlo v. United…”
Puertas v. Michigan Dep't of Corr., 88 F. Supp. 2d 775 (E.D. Mich. 2000). · cites it 2× “” The Sixth Circuit noted that “[t]he Michigan Constitution and statutes provide that before conviction all persons shall be permitted release on bail, except in cases involving murder or treason ‘when the proof is evident or the presumption great,’ ” citing the Constitution of…”
Love v. Ficano, 19 F. Supp. 2d 754 (E.D. Mich. 1998). “§ 765.5. Atkins v. People of the State of Michigan, 644 F.”
People of Michigan v. Reginald Lamarr Davis (Mich. Ct. App. 2021). · cites it 20× “We conclude that the statute conflicts with the court rule, but also conflicts with Const 1963, Art 1, § 15. By contrast, MCR 6.106(B)(1) is in accordance with Const 1963, Art 1, § 15.”
Bachynski v. Warren, 107 F. Supp. 3d 770 (E.D. Mich. 2015). · cites it 2× “indicted for, or arraigned on a warrant charging, murder or treason”); Mich. Comp. Laws § 765.5 (stating that “[n]o person charged with treason or murder shall be admitted to bail if the proof of his guilt is evident or the presumption great”); see also Bloss v.”
Atkins v. Michigan, 488 F. Supp. 402 (E.D. Mich. 1980). “” Michigan Compiled Laws, § 765.5 provides: “No person charged with treason or murder shall be admitted to bail if the proof of his guilt is evident or the presumption great.”
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