Arizona Bail, Bonds, and Hearings – How The Process Works
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Listen To This Page:
- 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.
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.
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.
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.
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.
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.
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.
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.
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 still have a clean record to this day.”
One piece of advice for people who are charged with anything in Arizona is to hire a great lawyer because the state does not care if you’re innocent or not. The Arizona legal system will try to ruin your life. A couple of years ago I was the victim of an antisemitic hate crime when a guy named Billy, who had a history of drug and alcohol issues and was thrown out of the Navy for being violent, decided to attack me after drinking all day in Old Town (Sunday funday) over a pointless argument over whether it’s better to buy homes immediately post-recession or during the 10th year of a bull market run which was his argument. The disagreement led to Billy making several anti-semitic comments and assaulting me, which led to me beating up billy. Billy and his friends then went to the police and lied to try to get me thrown in jail for months for assault while getting 10s of thousands of dollars in restitution in the process. I hired David Maletta. We went to court and destroyed Billy and his best friend/roommate Taylor who were trying to extort me and ruin my life. In Arizona there is a 3.5% chance you’ll get all charges dropped because of how hard the state is on crime but we pulled it off and I still have a clean record to this day.
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I had an incident and was given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now, I am on the path to having my case fully dismissed. A couple of things that really helped me through this process was that Tim did an amazing job at answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future, and as of right now, they will be my first choice if I need a lawyer in the future.
Dylan - AVVO Review
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On one of the worst and most surreal nights of my life (do not EVER get a DUI people!) I was lucky enough to find my way to Tim Hintze. Being in Phoenix for the Thanksgiving holiday from out of town, and after spending the evening with family, I ended up spending the night in jail.
Tim turned one of the worst experiences in my life into “it could have been so much worse!” Working with him from a different state, he covered the bases & paperwork, showed up for me in court, gave me numerous connections to muck my way through the system, and held my hand the whole way.
I cannot imagine how much worse this experience could have been, and thanks to Tim, I didn’t need to. He was responsive, sympathetic, professional, patient, and kind throughout the long process, drawn out by many months due to Covid.
Keep Tim’s number handy and in your contacts in the event you are ever in the sorry position to need a DUI lawyer!
Holly Weber - Google Review
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Darin helped me with a complex family law issue involving ownership of multiple businesses and other assets. He was able to structure a win-win that wasn’t only better than I thought was possible but that protected the business I had built. Above and beyond that, he did it with great customer service and character – which really matters to me. This was the best possible outcome, great price, and fast.
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“David was relentless in his pursuit of my son’s innocence”
We retained David Maletta to represent our son after being cited for what can only be described as a momentary lapse of reason. David was extremely knowledgeable, was able to clearly communicate very complicated concepts, and was relentless in his pursuit of my son’s innocence. He had strong relationships with the prosecuting attorney and respect of the judge, which ultimately resulted in my son learning a really hard lesson with limited consequences (traffic school and writing an essay to the judge on the physics of driving 130MPH and what happens if that goes badly). I have already sent all of my friends with teenage and 20 year old kids his contact information for when they inevitably get that call. David completely exceeded all of our expectations and we could not recommend him any stronger. Thank you for everything.
Shawn H. - Google Review
“He fights for his clients like no one I have ever seen”
David Maletta is the absolute best trial attorney in the state of Arizona. He is a kind, emphatic, and extremely patient person. As an attorney, he is prepared, aggressive, and extremely skilled. He is not afraid to go to trial and fight for his clients, like other attorneys that just plead their clients to the original charges. When he is in trial, he flips a switch and goes from a nice guy to a killing machine. He fights for his clients like no one I have ever seen. Watching him do a cross-examination is exhilarating because he is so good it’s scary.
Patricia Bevins - Google Review
“Because of Darin I got my daughter back”
Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!
Chris - AVVO Review
“There is NOBODY I would rather have defending me than David”
I hired David Maletta and it was the best decision of my life. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable. I could talk about all of this at length. I COULD do all of that, but that wouldn’t do David justice. He first and foremost demonstrates his interest and genuine care for his client. Being in uncharted territory with a criminal charge and nowhere to turn, David’s presence and personality put all nerves at ease. I went through a jury trial with David beside me. The trial ran for 3 days and I spent a significant amount of time with David one-on-one. During this stressful time, he wanted to hear my input and thoughts on everything. David was incredible from the first day I met him. Not only is he a great attorney, but he is also a great person who cares about people and finding justice for his clients. He connects to the human side of people. I can’t put into words how much David cares about the individual in a case. When it comes to the courtroom, there is NOBODY I would rather have defending me than David.
Jacob - AVVO Review
“The calm in the middle of my storm…”
I recently consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again. However, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.
Frank - AVVO Review
“I was found NOT GUILTY. Dave won the trial for me.”
Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Dave’s guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial… Watching the prosecution and then watching Dave was night and day!! It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address…There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me.
Gregory - AVVO Review
“Nothing but good things to say about my experience.”
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 he 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 them to anyone looking for legal help.
Lauren Koontz - Google Review
“I would give them more stars, but the option is not there”
Best divorce lawyers in Arizona, hands down. Timothy Hintz handled my divorce, and as a father, I have my son and our house. I would give them more stars, but the option is not there. His paralegal Jennifer Bone is extremely competent, and the whole team is very friendly. Took a big weight off, having them behind me.