Michigan Compiled Laws
Mich. Comp. Laws § 765.7 (2026)
Permitting defendant to post bail on own recognizance if appeal taken by or on behalf of state; exception.
✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
765.7 Permitting defendant to post bail on own recognizance if appeal taken by or on behalf of state; exception.
Sec. 7.
If an appeal is taken by or on behalf of the people of the state of Michigan from a court of record, the defendant shall be permitted to post bail on his or her own recognizance, pending the prosecution and determination of the appeal, unless the trial court determines and certifies that the character of the offense, the respondent, and the questions involved in the appeal, render it advisable that bail be required.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17169 ;-- CL 1948, 765.7 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
FormerLaw Notes:
See section 3 of Act 159 of 1917.
Notes of Decisions
Cited in 4
cases, 1988–2017 · leading case: People v. Sligh, 431 N.W.2d 395 (Mich. 1988).
People v. Sligh, 431 N.W.2d 395 (Mich. 1988). “Defendant argues that the applicable statute is that covering appeals by the people from a court of record, MCL 765.7; MSA 28.894. Plaintiff argues for application of the statutes covering postconviction appeals, MCL 770.”
Love v. Ficano, 19 F. Supp. 2d 754 (E.D. Mich. 1998). “§ 765.7 governs admission to bail where “an appeal is taken by or on behalf of the people of the State of Michigan from a court of record.”
People v. Perryman, 439 N.W.2d 243 (Mich. 1989). “1109 and MCL 765.7; MSA 28.894. 7 The current language of MCL 770.”
People of Michigan v. Carlos Marquis Love Jr (Mich. 2017). “See MCL 765.7, 770.12 and 770.9a. The prosecutor’s application for leave to appeal the February 7, 2017 judgment of the Court of Appeals remains pending.”
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