Bail Basics On Behalf Of A Loved One In Arizona

There are a few phone calls everyone dreads to receive, and one of those is the news that someone you care about has been arrested and is in police custody. It can be worrisome to think about what may happen to them while they are in jail, and there may be children at home wondering why their parent is missing. Defendants charged with a wide variety of crimes may qualify for bail, or a payment releasing that person on the condition that they return for their next court appearance, or forfeit that payment. If you can’t wait until then to see that person again, you may be considering paying bail on their behalf. But there are significant risks involved with paying a loved one’s bail, especially if they have a history of non-compliance with court appearances and orders. Read on for more information on paying bail for a defendant in Arizona. To schedule your free consultation with one of our experienced private criminal defense attorneys, call 480-833-8000. 

Setting Bail

When someone is arrested in Arizona, the court is generally expected to hold a hearing known as an Initial Appearance, or IA, within 24 hours of that person being taken into police custody. At that hearing, the judge will verify the defendant’s identity, read them the offenses with which they are being charged, and review the case to make sure the probable cause arrest requirement was met. If it was, the judge will decide whether or not the defendant can be released while waiting for their next hearing. The judge can set the bail amount and conditions at the Initial Appearance. The victim can also attend this hearing and voice their opinions about the defendant’s release. 

The Bail Amount

Generally, the amount set for bail is increased to reflect the severity of the defendant’s crime. But there are several other factors that a judge can consider when deciding on the amount for a defendant’s bail, which are set forth by A.R.S. § 13-3967. They include:

• The victim’s opinion on the defendant’s release bail amount and conditions
• If the defendant has any prior arrests or convictions for a violent or serious felony offense
• The results of any drug test submitted to the court
• Evidence that the defendant poses a danger to the community
• How long the defendant has resided in the community and their ties to the community
• If the defendant has a history of failing to attend court proceedings or otherwise avoiding prosecution 

Bail Conditions

Some defendants are fortunate to be released from custody on their own recognizance, but this is only appropriate if the defendant has been charged with a minor crime. They could be released, but with some sort of supervision, such as checking in with a court officer regularly before their next appearance. A defendant released on bail should not leave the state of Arizona, and definitely not travel out of the country. Such a violation will be immediately obvious if the defendant is ordered to wear an ankle monitor or another tracking device. The defendant could also be subject to ongoing drug or alcohol screening, especially if the criminal offense involved drugs or alcohol. 

One of the most common bail conditions is a no-contact order with the victim. Contacting them could look like an attempt at intimidation to get the defendant to withdraw their allegations. Part of this usually also includes surrendering any registered firearms, just like in any other protective order case. And finally, being arrested for any other criminal offenses while out on bail would revoke bail. 

Paying Bail

Once funds have been secured, there is still the matter of actually paying bail for a defendant. You can’t just show up at the courthouse with a credit card and expect your loved one to be released. These facilities typically only accept cash, cashier’s checks, money orders, or a specific type of wire transfer. If a person posts bail in cash, they must pay the full amount, which is held until the case is complete or the court orders otherwise. But paying that amount of cash might not be feasible for some households. Here, that person may consider paying a loved one’s bail with a secured property bond. This involves exchanging the deed to real estate for their loved one’s release rather than the cash value. They will also need mortgage documents if the loan isn’t  paid in full and a current Title Report showing no liens or judgments on the property. The real property being used as collateral must have equity equal to or more than the bail amount. When the deed has been received by the court, the clerk will record a lien on the property. The court might not accept a secured property bond if the property is located outside of that county. If the defendant absconds before their next court appearance, the person who posted the secured property bond becomes responsible for the full amount or risks losing their real estate to the state. 

Another alternative that may be less risky is a surety bond. This may also be the best option if you are trying to pay bail for someone and distance is an issue. Most surety bail bondsmen require a deposit of about 10% before they will go to the court and post bail on a defendant’s behalf. That 10% is nonrefundable, whether or not the defendant appears in court. If the defendant fails to appear, the person who hired the bondsman becomes responsible for the full amount. 

Non-Bailable Offenses

There are some criminal charges that are so serious that they make the defendant a potential threat to the public. It also decreases their incentive to return for trial if released on bail. These offenses are laid out by A.R.S. § 13-3961.  They are:

• A capital offense (e.g., murder, treason, terrorism)
• Sexual assault
• Sexual conduct with a minor (an adult and a victim younger than 13 or a victim aged 13 or 14 with an adult at least 10 years older than the victim)
• Child molestation (with the same age gaps described above)
• A serious felony offense if there is probable cause to believe the defendant has entered the United States illegally 

Transition from Bail to Defense Strategizing with Our Arizona Criminal Defense Firm 

If you’re planning on posting bail for a loved one, the extent of your involvement in their criminal defense case might not stop there. You have already put yourself on the line for this loved one, so why not take a step further to increase their odds of a favorable outcome? They may also need your assistance with finding and retaining a high-quality private criminal defender. If you do wish to be involved in this capacity, you should start your search for an attorney with firms that offer free phone consultations to reduce your personal investment in each appointment. Our dedicated Arizona criminal defenders are familiar with working with loved ones on behalf of someone behind bars. Learn more about your next steps and potential legal strategies that your loved one could use with your free consultation by phone. Call 480-833-8000 to get started today.