ESCANABA — Delta County certainly has seen its fair share of drug arrests in recent months, but some of those individuals may get out of jail by posting bond.

Local court officials explained the process of setting bonds, particularly concerning felony drug cases.

A lot of drug cases in the county involve methamphetamines, but it wasn’t always like that.

Delta County District Court Judge Steven Parks said before his tenure as a judge, he served as the county prosecutor for 10 years and only had three methamphetamine cases throughout his tenure.

In recent years, the number of drug cases, specifically involving methamphetamines, has significantly increased.

“Now, sitting in this chair, it is not unusual to have four to six a week. Specifically, either meth possession or meth delivery, something involving meth,” Parks said.

Many felony drug cases result in the persons’ incarceration as they await court proceedings, but they may be allowed to get out of a jail cell should they post bond.

Parks and the local prosecutor explained how the bond process works, specifically regarding felony drug cases.

“In an initial arraignment in front of the district court, our office gets a say, the defense attorney gets a say, and the judge makes the ultimate decision based on that information, based on information that the court takes in,” said Delta County Prosecutor Lauren Wickman.

The process is very similar in circuit court when there’s a motion to modify the bond.

Parks explained that, typically, during an arraignment, the defendant is represented by a first-appearance attorney who can answer questions for the defendant and gather information for a defense attorney. They would also make their own arguments as to what the bond should be.

Bond is set on a case-by-case basis, as the background and available information differ for each individual.

Parks and Wickman explained that the information includes the individual’s ties to the community, past criminal history, if they have a history of failing to appear for other court appearances, and the severity/significance of those charges.

“Then there’s certain considerations that the magistrate or the judge goes through in sort of evaluating those things, they’re listed in the court rules, and that’s what sort of governs this whole process, but it includes such things as the nature of the charge (and) seriousness of the charge,” Parks said.

Court rules also state the judge or the magistrate should consider other factors, such as the likelihood of conviction and the person’s employment, if any.

The significance of the charges also often depends on how much of a controlled illegal substance was involved.

“That’s only one of those factors, obviously,” Wickman said.

The amount determined is not an exact science for the prosecution, defense, or judge, as several factors must be considered.

Wickman said when it comes to drug felony charges, she is going to ask for some kind of cash bond.

“I start usually around $1,500 to $2,500 depending on the person’s criminal history if it’s a couple of pills. I’m usually looking at about $5000 to $10,000 when it’s a methamphetamine case, and that varies depending on, again, the person’s criminal history as well as the amount of methamphetamine involved,” she explained.

While each side may argue for a specific bond amount, it is ultimately up to the court to determine the bond as well as any bond conditions that apply.

Bond conditions vary but may include restrictions such as visiting bars, leaving the state, random drug testing, and more.

The bond amount may also differ based on the county or the court.

“Courts look at things differently, and consistency is important, and so my consistency in Delta County might be different from consistency in Marquette County,” he explained.

When he is on the bench, Parks may have an idea of what the bond should be set at based on the facts available to him, but he is open to increasing or decreasing the bond based on the arguments made by either the prosecution or the defense council.

Suppose the prosecution states a defendant is a danger to the community or they are a threat to leave the state. In that case, Parks wants to hear the specifics, not generic arguments.

“Give me something to give me some basis for your argument. So, generic arguments like that, to me, don’t hold a lot. What I’m looking for is factual stuff that supports the argument,” he said.

He gave the example of an individual that the prosecution claims is a threat to leave the state, saying if the prosecution presents documentation that shows the person had previously received bench warrants for failure to appear, that is a strong argument for an increased bond.

General statements without proof, such as, ‘he’s likely to flee,’ are not a solid argument when setting a bond.

The details for each case may change the analysis, as some offenders may just be supplying their own habit while others are selling drugs into the community.

“That’s where that balancing act has to come into play,” she said.

“(We’re) putting together conditions that ensure the safety of the community, but also ensuring that person might start going down a road towards help and towards sobriety.”

Parks and Wickman both stated bond is not meant to be a punishment but rather a way to ensure the public’s safety and possibly help the incarcerated individual get sober.

“I look at bond as a way to start that person off on a good footing towards sobriety because they’re forced to a certain extent to be sober while they’re in jail,” Wickman said.

The bond may also be adjusted or, in some cases, revoked if bond conditions are violated.

“You could have your bond revoked, and worse yet, you could have your money forfeited too,” Parks said.

For example, if an individual posts a $20,000 bond and violates a condition of their bond, they could lose the entire $20,000. However, the bond money is returned to them if they are acquitted.

The bond money will go towards any associated court fines and fees if the individual is convicted.

Friends or family may also post bond for the individual, but if the individual fails to appear or flees the state, they could forfeit the money.

Parks emphasized that if someone is going to post a bond on another person’s behalf, they should be cautious and really trust that person.

“And you should make sure that they come to court on time,” Parks said.

Unfortunately, methamphetamines and other drugs, such as fentanyl, are very profitable for dealers, creating a significant market.

Wickman reiterated that her office treats each case separately, but when given the opportunity, she will target or highlight a specific large-scale dealer.

“Methamphetamine and other drugs are not going to be tolerated in Delta County, so don’t bring them here,” she said.

“If we can cut off the sources, if we can cut off the routes, that would go a long way to start having people become to get to sobriety from the standpoint that it’s not as readily available. And so we take those cases very, very seriously.”