Michigan law Section 765.25 and 765.26 outline the penalties for perjury in affidavits of justification and detail procedures for releasing sureties, arresting or detaining accused persons, and handling absconders. The statutes specify that false sworn statements are punishable by law and provide guidance for sureties to arrest or deliver defendants to authorities, as well as procedures for courts to address absconders and worthless sureties.
Perjury occurs when a surety falsely swears to any material fact in their affidavit of justification, which can lead to criminal charges and penalties.
Yes, a surety can arrest or detain the defendant and deliver them to jail or the sheriff, with assistance from peace officers if needed.
If a defendant absconds and sureties are deemed worthless, the prosecuting attorney can request a court to issue a mittimus to apprehend and detain the individual.
The sheriff or jail keeper is authorized to receive the defendant and detain them until discharged, ensuring proper custody as per court orders.