After being arrested you will hear a number of terms being thrown around such as bail, bonds and release conditions. These can be confusing as everyone tends to get them mixed up. Getting a Criminal Defense Attorney in Phoenix to explain how releases work in Arizona can help you understand what’s going on during a stressful couple of days.
What is the difference between bail and a bond?
The bail is the amount the court decides should be paid to ensure the defendant returns for future court dates. There are a variety of ways to pay the bail amount with the most common being a cash bond (this is where the full amount is paid) or a surety bond (the full amount is covered by a licensed bail bond agent for a fee, which usually cannot be refunded).
The terms are commonly used interchangeably in everyday conversation.
There are some instances where no amount needs to be paid. This can happen if the Arizona judge decides to release you on your own recognizance. This means you can be released without paying any amount as you are promising to return to court. However, the judge can also release you with conditions, ask you to pay a bond or in more serious cases refuse to release you.
What types of release are available in Arizona?
You could be released:
- On your own recognizance
- With conditions
- On an unsecured appearance bond, which you only pay if you fail to appear
- On a secured appearance bond or cash bond
- On a surety bond
This information can be provided by the jail or court clerk.
How is bail set in Phoenix criminal cases?
Arizona law dictates that if you are arrested and detained you must be seen by a judge within 24 hours. If this does not happen you will generally be released. Most people arrested in Phoenix will be seen by a judge in the Maricopa County initial appearance court. This court is available 24/7.
During the court hearing the judge will decide if you need to be released and if so under what conditions. They will consider a number of factors including the seriousness of the charge, your criminal record, your connection to the community (family, work etc.) and how long you have lived in the area. They will also take into consideration if you have a history of failing to appear and whether you pose a risk to others.
As the judge takes all this into consideration you may find that two people with similar charges have very different conditions. In some serious cases Arizona law says you cannot be released, or the court can hold you without bail.
What conditions can a court impose?
Conditions will be imposed to ensure you attend court and to protect those involved in the case. Common conditions include attending all hearings, not contacting certain people, not going to certain places, not leaving the state without permission, reporting to a pretrial services officer and not committing any new offenses.
Conditions will be specific to your case. If you were arrested following a fight there is a good chance you won’t be allowed to contact the other person. Some conditions may be that you cannot leave the state or you will have to attend regular appointments with pretrial services.
You should read the release conditions carefully and keep a copy. If there is anything you’re unsure of ask! If you breach any conditions (even by accident) you may end up back in custody.
How does the bail bond process work in Arizona?
This can vary slightly depending on the type of release and the jail or court you are in but generally will work like this. The judge will decide conditions for you to be released (usually during the initial appearance). You or your family will decide how you wish to pay. If you are using a surety bond then the licensed bail bond agent will usually charge you a non-refundable fee. They may also ask for some form of collateral. Once this is organized the jail will process your release. This can take a few hours. Once released you must attend all of your hearings.
The most common mistake made after release is failing to attend your court date. This can cause you to have a warrant and if you have paid a bond this can be lost. Write down your dates and if you are unsure call the court.
How can an attorney help with bail and release in Phoenix?
Release decisions are made quickly and often happen before you have had time to think. Your attorney can explain what factors the judge is likely to consider, argue for reasonable conditions and ask the court to change your conditions in the future. While this does not guarantee an outcome it means someone is paying attention to the details.
Key takeaways
- Bail is the amount a court sets to secure someone’s return to court. A bond is one way to cover it.
- Arizona judges can release someone with no payment, with conditions, on a bond or, in some serious cases, not at all.
- Missing court or breaking a release condition can lead to a warrant and a forfeited bond.
Next steps after a bail decision in Phoenix
If a loved one is in Maricopa County jail awaiting release a Criminal Defense Lawyer in Phoenix can explain what factors the judge is likely to consider and what can be done before your next hearing.
Disclaimer: This content is provided for educational and informational purposes only and should not be taken as legal advice. Criminal laws and court procedures can vary depending on the specific facts of each case and applicable Arizona law.
