If you’ve never been arrested in Michigan, or had someone you know and love arrested, you are likely unaware of the hidden costs that go to state and local government as well as other entities for jailing you or your loved one.
As if the criminal justice system wasn’t unfair enough, it is yet another way that the criminal justice system inflicts financial hardship on individuals and families.
Keep in mind that all of these fees come prior to arraignment, where formal charges are placed against someone, once again, treating people as though they are guilty from the start.
Paying for a Stay in Jail
You will be expected to pay for taking up a bed, even though they are infringing upon your freedom. Jails can charge a maximum of $60 per night.
In an arguably more sound policy, some only charge if and when a person is convicted of a crime.
Bail Bondsman and Michigan State Machine Processing Fees
Bail or bond, though used interchangeably are different:
- Bond is a contract that states someone will return to court and places money down to prove they are serious.
- Bail is the act of getting someone out of law enforcement hands/jail.
Either way, there is a fee paid in cash or “surety,” meaning that a bondsman requires you to fill out paperwork and then promises or ensures that the accused person will show up for court.
What’s truly maddening, is that if you pay this via the State of Michigan’s machines, there is a fee and you have to pay the bail/bond amount entirely.
If you pay through a bail bondsman, you only have to pay their fee, and based on what the experience of the bondsman I worked with, the bondsman’s check to the court is never usually cashed. Meaning if they are the bondsman, they get a fee for helping you out, more or less, and they aren’t out any money at all. In their defense, there are hoops they have to jump through to be able to offer their services.
Gas and Transportation
Gas is certainly not cheap these days, especially if you do not have a fuel-efficient vehicle.
Time
It can take several hours on the phone to get information about a loved one’s bail, let alone contacting a bail bondsman on a Sunday. You may have to travel to a different county, fill out paperwork for the bail/bond, and wait for the jail to process all of that paperwork before a loved one is released.
Postage
You will have to mail in payments if the jail is not in your county or a relatively quick drive. There are also gas or other travel costs to get to the post office.
Lost Wages
If your spouse lost time working or lost a job entirely, this can be financially devastating to the accused and their family.
Therapy, Medical Bills, and Medications
If the arrest and jail stay is traumatic in any way, you may need therapy to process the emotions and feelings. This can extend to an entire family, not just the person who spent the night in jail. it is common for people in United States prisons and jails to experience PTSD symptoms after their stays.
401(k) or Other Retirement Fund Penalties
If you are privileged enough to have a retirement fund, you may have to rely on it to get cash for bail, legal fees, etc. The IRS will ding you about 20%, along with another penalty slapped on you when you do your taxes.
What do Real Life Numbers Look Like?
For a family, 24 hours of incarceration is still costing us. As of this post, for my loved one’s case, the running tally for all of the above-mentioned costs comes to $85,459.60.
In 2016, Michigan Supreme Court implemented rules that prevent individuals from being imprisoned due to their inability to pay jail fees.
However, this does not prevent financial hardship; it only means it is debt that follows Michigan families around, makes people desperate, and likely encourages future crimes out of sheer desperation to make ends meet. It also becomes a financial burden to the state of Michigan by disrupting an individual who would otherwise pay income tax through working.
And Barry County, as well as several other Michigan Counties, STILL issue Show Cause Hearing appearances when people are late paying fines or fees, essentially like a bill collector demanding their money.
In The End, It Creates Poverty; Not Justice
All of this is yet another place where the Michigan criminal justice system does not benefit people or the state itself; just the people who benefit from perpetuating injustice.
🖤 Love what we do? Support Clutch.
