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- Navigating the Options for Release in Arizona
- Contrasting Bail and Bonds
- Deciphering the Bail Bond System
- In Arizona, Which Crimes Might Prevent a Defendant from Receiving Bail?
- Delving into the Bail/Bond Hearing
- Repercussions of Breaching Bail Terms in Arizona
- How to Bail Someone Out of Jail
- Understanding “Contempt of Court” in Arizona
In Arizona, the nature of the alleged crime and one’s prior record play pivotal roles in determining their bail status.
Upon release on bail, it’s essential to understand that one’s liberty is not absolute. In line with ensuring public safety and your attendance at trial, the judge sets specific terms that you must adhere to.
Every bail condition is tailored to the nuances of an individual’s situation.
For example, if one is detained for drug possession, the bail might stipulate abstention from drugs and avoiding locations or individuals involved in drug activity.
Breaching these guidelines can jeopardize your freedom, potentially landing you back in custody until the conclusion of the trial.
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Arizona Bail, Bonds, and Hearings – How The Process Works
Navigating the Options for Release in Arizona
Upon arrest in Arizona, there are primarily four release avenues a judge might contemplate:
- Recognizance Release: Individuals can depart to attend upcoming court proceedings based on their assurance. This is generally an option for those with a commendable history of court appearances or first-time offenders charged with minor offenses.
- Bond: A monetary assurance might be demanded to secure your reappearance. Failing to attend can trigger a “Bond Forfeiture Hearing,” where the state can seize the posted amount. Engaging a bail bondsman adds another layer, as they might employ recovery agents to protect their financial stakes. Conversely, honoring court appointments results in a bond refund.
- Supervised Pretrial Release: Predominantly used for alleged felons, this method places the accused under close observation. Officials periodically ensure the individual is not reoffending and is adhering to release terms. Sometimes, electronic tracking might also be employed.
- Third-Party Custody Release: The court might entrust the accused to a responsible third party who commits to ensure the accused’s presence during trials. This might typically involve juveniles being handed over to parental supervision.
The Difference Between Bail and Bonds
The fundamental distinction between bail and bond lies in the source of the payment.
The person who has been arrested, or their relatives, can directly pay the entire sum to the court for bail. This amount is returned upon the case’s conclusion, provided the accused honors all court appearances.
In contrast, with a bond, the accused pays a non-returnable fee to a bond agent, who then presents a guarantee to the court on their behalf. Moreover, the involvement of the bond agent differentiates the two.
While obtaining bail is a direct transaction with the court, securing a bond involves collaborating with a bond company. This agent takes on the potential liability should the accused not appear in court.
Understanding the Bail Bond System
Consider bail bonds a blend between a safety net and a financial agreement. A bail bond represents a commitment to the judiciary: if the accused fails to attend court, the bond agent guarantees the total bail payment.
The bond is equivalent to the actual bail due to the bond agency’s established rapport with the judicial system.
The bond agency levies a fee typically non-refundable to facilitate this bond. This charge is often about 10% of the determined bail. For instance, if the court sets the bail at $50,000, you might be looking at a fee of $5,000, payable via cash, card, or certified checks.
Additionally, you’ll be required to provide the bond agent with security, equating to the bail’s total value. Say you’re trying to secure a $10,000 bond; you might offer up the title of a vehicle valued at $20,000 as your collateral.
In Arizona, Which Crimes Might Prevent a Defendant from Receiving Bail?
While most individuals undergo a bail hearing before their trial, some offenses in Arizona may prevent bail from being granted, leading to the accused remaining in custody until their trial.
As per ARS 13-3961, bail denial can occur when there’s strong evidence or significant presumption of guilt regarding:
- Crimes punishable by the death penalty.
- Acts of sexual violation.
- Engaging in inappropriate sexual behavior with a minor below 15 years.
- Inappropriately touching a child under the age of 15.
- Committing a serious felony and reasonable suspicion of the individual’s illegal presence in the U.S.
How a Bail/Bond Hearing Works
After an arrest, you will meet with a judge to determine your pre-trial release’s terms and financial implications. The conditions and bond amount hinge on the severity of the alleged wrongdoing. Once released, strict adherence to set terms is non-negotiable.
Playing by the rules and stipulations of your release terms is very important. If you are found to break any of the judge’s conditions it can result in much harsher penalties. Some of the examples of ways a person can violate their bail conditions are below:
- Alcohol use
- Drug use
- Tampering with or neglecting monitoring equipment
- Committing a new offense
- Leaving Arizona or the country
- Punctuality and attendance at court sessions
- Breaching probationary terms
Repercussions of Breaching Bail Terms in Arizona
Penalties for breaching bail terms vary based on the specific condition violated. Naturally, a new crime would have more severe consequences than not appearing in court. Generally, bond breaches initially result in its revocation.
The judge’s subsequent actions can range from the following:
- Augmenting the bond amount, especially if the original sum was minimal.
- Mandating more frequent court check-ins.
- Introducing electronic monitoring if the violation involved unauthorized travel.
- Intensifying release restrictions.
- Imposing house arrest.
- Requiring regular substance tests.
How to Bail Someone Out of Jail
In Arizona, to arrange for someone’s release from jail, you have two routes to choose from: personally posting the bail or enlisting the services of a bond agency. If you decide to post bail directly, you must know the set bail amount and the detainee’s booking reference.
How can I get this information? Simply call the jail or utilize the county jail’s online inmate lookup tool.
Head to the jail with the booking reference and the precise bail sum. Most county jails in Arizona will accept payments in cash, via money orders, or through cashier’s checks. Are you opting for a bond agency? Begin by providing them with the detainee’s details.
They will then determine the bond value. Once you’ve settled the bond service charges and provided any necessary collateral, the bond agency will walk you through the bond conditions, clarifying what the detainee can and cannot engage in.
Understanding “Contempt of Court” in Arizona
Per Arizona Revised Statute 12-861, individuals who intentionally defy a legal order, mandate, or directive from a superior court, especially if that defiance qualifies as a criminal act, can face legal repercussions under “contempt of court.”
Common Scenarios for Contempt of Court
The term’s broad nature means that various actions could be classified as contempt.
Here are four typical scenarios:
- Failure to appear to a court session when mandated.
- Deliberately neglecting child support payments.
- Causing disturbances in court (like having a ringing cell phone during proceedings or while a judge is speaking).
- Showing disrespect towards the judiciary or the judge presiding.
Repercussions for Contempt of Court in Arizona
Upon being adjudged guilty of contempt, you could face an additional misdemeanor. Non-attendance at a court proceeding could incur a penalty of at least $500. Should the contemptuous act be related to a DUI or traffic offense, suspending your driving license might also be a potential repercussion.
Furthermore, if the contempt is linked with a felony, mainly due to non-appearance, it might attract an added felony charge. This is generally categorized as a class five felony, which usually carries a baseline sentence of 1.5 years, but can extend to 2.5 years under certain circumstances.
Contact CHM Law to Help with Bail or Bond
When facing the complexities of the Arizona bail system, having CHM Law by your side can make all the difference. From understanding the nuances of bail determinations to helping individuals source the most suitable bond options, our comprehensive approach simplifies what could otherwise be an overwhelming process.
Contact us at Colburn Hintze Maletta by dialing 602-825-2500.
Attorney Darin Colburn has experienced first-hand just how difficult going through a family law matter such as divorce is when his parents divorced when he was 6 years old. Twenty years later, he has devoted his entire legal career to helping those facing similar issues. Darin attended the University of Arizona and graduated Cum Laude from the Eller College of Management. Darin is an experienced trial attorney that excels in high-net-worth divorce, complex business valuations, and messy child custody disputes.
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I have nothing but good things to say about my experience working with David Maletta. I was in a very high stress situation facing a pending dui charge. He doesn’t know this but I actually interviewed 5 potential lawyers and David was the most optimistic of all of them. He took over and handled everything, and now I don’t have to live with a dui. Thank you so much for everything! Highly recommend to anyone looking for legal help.
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Tim’s commitment to my case was demonstrated by his timely responses and attention to detail. Thanks to Tim, I felt secure and equipped to handle the difficulties of my child support case. His knowledge and client-centered approach had a significant positive influence, providing the greatest possible conclusion for my family and me.
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I couldn’t be more impressed with the professionalism and expertise. From the initial consultation to the resolution of my case, they demonstrated a deep understanding of the law and a commitment to achieving the best outcome for me. Their communication was clear and timely, and I always felt well-informed and supported throughout the process. I highly recommend for anyone seeking reliable and effective legal representation.
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They helped me and provided me with outstanding service. They worked fast and hard to win my case. I’m very grateful. Thank you!
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“Having him as my attorney has definitely been a blessing”
Having Darin as my attorney has definitely been a blessing. Not only did he handle my divorce with professionalism, but he also made sure to clarify and explain every process. Any time there were complications, he was quick to find a solution that best fit our needs. He always went the extra mile to make sure my kids were going to be in good hands and was able to reason and reach an agreement with an otherwise difficult opposing counsel. Darin is new, but he was built to be a lawyer. He has more knowledge and professionalism than most attorneys who have been doing this for years, and always consults with other attorneys so the case always moves forward with a solid defense. Would recommend him to all family and friends!
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“Hands down the best attorney for family law!”
Darin is hands down the best attorney for family law! He made me feel heard and validated in my concerns for my daughter during this custody battle and was very up-front about what to expect and what was a likely outcome right off the bat. Communication was constant and timely, even when he couldn’t handle a concern or something going on with the case due to scheduling he pulled the entire firm in to help and get everything done! I’ve never experienced such a friendly, understanding, and caring manner from an attorney before so I will ALWAYS recommend this amazing law firm to anyone who needs it.
Kyla Dawnne- Google Review
“Handled my divorce case better than I could have ever hoped for”
Darin Colburn handled my divorce case better than I could have ever hoped for. From the first time I met with him, he was knowledgeable, professional, and genuine. He isn’t in it to rack up bills, he’s in it to accomplish what’s in the best interest of the children/family involved. He was aggressive when needed and absolutely a killer negotiator.
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I hired CHM a day before I left out of state for my son’s wedding. I had been in a terrible car accident the night before I left and had no car, no help and no idea what to do after the accident. The legal team took care of everything for me. From my property damage to helping me get a new car. I couldn’t be happier with their service.
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Darin has been my attorney on a few different matters, over the past five years. He has become like family, as we have communicated he has been known to phone me on his way home, or on the weekend if something comes up. I have always valued Darin for his attention to detail, kindness, and passion for doing “what is right”. I would call Darin time and time again should I need his services. Thank you, Darin, for all you do – I appreciate you!
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Lauren, is a fantastic attorney and understands the judges quirks and perspectives very well. She is great at communicating with you the expectations and ground work that you will need prior to going to court in order to assist in helping you win your case. The tips and advice she gave me proved to be paramount in setting up my custody battle case to show trends and disprove the oppositions arguments prior to going in front of a judge. Lauren has an excellent team of paralegal that understand her expectations for preparing for court and they work around the clock to ensure that you feel comfortable with the materials and game plan strategy. During some financial hardships that I experienced last year due to a layoff, not only did Lauren and CHM allow me to go on a payment plan but Lauren personally reached out to her personal network to help me find employment. That was a WOW factor, because it showed me that I am valued as a client but more importantly she believed in my cause and valued me as a person. I have kept Lauren services since 2022 following her as she switched law firms and will continue to use her and her team as needed for any other family law issues. She is deeply valued and appreciated in my family making the family Christmas card mailing list.
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Because I was accused of felony DUI, we recruited David Maletta. The case was dropped to a misdemeanor DUI because of David Maletta’s excellent work. David Maletta went above and beyond to significantly improve a terrible situation because he genuinely cared about the case’s result. We are very grateful for all of his assistance. I would strongly suggest David Maletta to anyone facing a DUI offense.
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I would like to thank Juanita & the office staff on behalf of my family. You are one of the best law firms I have ever dealt with. Your overall help for us during our time of need was outstanding. Thank you so much for your help and for truly caring.
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I recently engaged the legal services of Attorney Lauren Bostick to finalize my divorce, and I am compelled to share my experience as it was truly exceptional. Going through a divorce is undoubtedly a challenging and emotionally taxing process, but Lauren navigated me through it with professionalism, compassion, and unwavering dedication. From our initial consultation, it was evident that Lauren possessed a deep understanding of family law and a genuine commitment to helping clients through difficult transitions. Lauren exhibited remarkable attention to detail, ensuring that every aspect of my case was thoroughly examined and addressed. She took the time to listen attentively to my concerns, patiently answering my questions and providing clear explanations of the legal processes involved. Lauren has the ability to balance assertiveness in negotiations with a sincere desire to achieve a fair and amicable resolution. Furthermore, Lauren demonstrated exceptional professionalism and reliability throughout the entire duration of my case. She was consistently responsive to emails and calls, promptly addressing any new developments or inquiries that arose. This level of accessibility and responsiveness greatly alleviated much of the stress associated with a divorce. In conclusion, I wholeheartedly recommend Lauren Bostick to anyone in need of legal representation for divorce proceedings. Her combination of legal expertise, compassion, and dedication truly sets her apart as an outstanding advocate for her clients.
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Their service was by far the best! Couldn’t be happier, This firm had me at ease and with full confidence, took much of stress off. Can’t help to mention but thanks to Juanita for your patience with me.
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Not only was this experience the best experience I could have asked for while going through one of the toughest times of my life, but the peace and ease that was reassured me throughout the challenging time of my divorce. I can reassure you this is by far the best option not the only option if you want a hard-fighting, honest, dependable, and welcoming firm to represent you!!
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David Maletta is a very fine, experienced, and capable defense attorney. He successfully defended 2 members of our family in the last 2 years, with very favorable outcomes. He is an excellent communicator who pays attention to detail and explains things well. Despite being a tough adversary in court, he is a kind and caring human being. We highly recommend him.
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Words cannot express how thankful and pleased I am with this firm and the professionals they have on staff here. I had the fortune to work with Donald D Colburn Esq, Henry Alzate Esq, and Kimberly Sisk. The amount of devotion they showed to my case and my situation was amazing. My case was very very complicated with a lot of moving parts that were about the Jurisdiction of a Custody battle for my two infant boys. Throughout the case it was clear to me that they were every bit as invested in my case as I was. They were relentless in their pursuit to get the proper venue for the case and were thorough in the preparation of every aspect of the case. This was most impressive especially because of the speed in which events proceeded. Everyone dedicated so much time and effort even working late and through weekends. They worked with me and kept me well informed and explained every aspect and step I did not understand even while I was on the other side of the country. I feel absolutely blessed to have gotten them as my council and would recommend them VEHEMENTLY. They are POTENT firm full of great council and teamwork that you can trust and rely on when you’re fighting for what’s most important to you. Though I hope to never have need of council again I can say with certainty that if I do, I will only call CHM LAW.