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Is a "judgment after bond forfeiture" considered a conviction for an OUI offense?

Iron Mountain, MI |

Essentially, I failed to appear in court for an OUI in Michigan in 2005. The court forfeited my bail bond and issued an "judgment after bond forfeiture." I never pled guilty or no contest nor was I found guilty by a jury. My question is, is there a statute that permits the judge to make a finding of guilt due to my non-appearance? If so, can you provide the statute number? Many thanks.

I agree with Edward that that happened--I failed to appear and a warrant was issued for my arrest. My question is, does Michigan law consider my failure to appear and subsequent "judgment after bond forfeiture" an OUI conviction?

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Attorney answers 4

Best Answer
Posted

No.

Asker

Posted

THANK YOU FOR A STRAIGHT ANSWER.

Asker

Posted

The others made me feel like I was speaking Hebrew.

John Paul Thygerson

John Paul Thygerson

Posted

And that's not an easy language.

Posted

It sounds like the court entered a judgment of default against your bail bond. That means you would owe the court the full bond amount because of your failure to appear. This would have no real affect on your criminal case, which would still be pending and a warrant would likely be out for you. If this is not what you mean, please clarify your question better. I hope this helps. Good Luck!

The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.

Asker

Posted

I appreciate your quick response. I think I can narrow my question--does the State of Michigan consider a "judgment after bond forfeiture" a conviction?

Edward Jacob Sternisha

Edward Jacob Sternisha

Posted

Based on what limited information you provided, I cannot answer you any better. It sounds to me like the court entered a default judgment against your bond. It also sounds to me like you are still facing criminal charges for the original charges. Keep in mind you may also be charged with absconding on bond and be convicted of that. Call a local criminal defense attorney for help. Good Luck!

Posted

I agree with Mr. Sternisha. It is very likely that you have a warrant for your arrest. The "Judgment" is likely in regards to the bond issue and not the offense itself.

It is in your best interest to address this issue as soon as possible with the assistance of an attorney. If you cannot afford to retain an attorney you can request that the court appoint one for you.

My response does not constitute legal advice and we do not have an attorney/client relationship. You may contact me for more information at 248-563-3652.

Asker

Posted

I appreciate your quick response. I think I can narrow my question--does the State of Michigan consider a "judgment after bond forfeiture" a conviction?

Mariell Rebekah McLatcher

Mariell Rebekah McLatcher

Posted

I do not believe that it is but you can check your Criminal History with the Michigan State Police online. Technically, your criminal case has not been fully adjudicated. However, you likely have a money judgment against you in the amount of the bond.

Mariell Rebekah McLatcher

Mariell Rebekah McLatcher

Posted

MCL 780.67(8) and (9) may give you more guidance.

Posted

You cannot be found guilty in abstentia, unless you fled in the middle of a trial. It is likely that there is a bench warrant for your arrest in Michigan, which would not be entered as a conviction.