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03 Oct 23

How a Phoenix Criminal Defense Lawyer Can Help with Bail and Bond

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Last Updated on: 5th October 2023, 07:41 am

How a Phoenix Criminal Defense Lawyer Can Help with Bail and Bond

Getting arrested can be a scary, overwhelming experience. One of the first things on your mind might be “How do I get out of jail?” For many people, coming up with the money for bail or bond can be difficult. That’s where having an experienced Phoenix criminal defense lawyer on your side can make all the difference.

After you get arrested, you’ll have something called an initial appearance within 24 hours. This is when you go before a judge and they decide whether to release you or not. Having a lawyer with you at this hearing is crucial. They can argue to the judge why you should be released on your own recognizance (meaning no bail required), or if bail is set, work to get the amount reduced.

What Factors Do Judges Consider for Bail and Bond?

Judges look at a few key things when deciding bail and bond conditions, including:

  • Your criminal record – Having past convictions can work against you
  • The severity of the alleged crime – More serious charges often mean higher bail
  • Your flight risk – Are you likely to skip town if released?
  • Danger to the community – Are you a risk to public safety?

An experienced criminal defense lawyer will present information and arguments to the judge to address each of these areas. For example, they may talk about your strong ties to the community through work, family, volunteer activities, etc. to show you’re not a flight risk. Or if the charges are minor and non-violent, they can argue you’re not a danger if released.

How Can a Lawyer Help Reduce Bail?

There’s a few key ways a skilled criminal defense attorney can work to lower bail:

  • Highlight factors that show you’re not a flight risk or danger
  • Provide evidence of financial hardship paying high bail would cause
  • Negotiate with the prosecutor ahead of time to agree on lower bail
  • File a petition to modify bail conditions after the initial hearing

An experienced lawyer knows how to present the right information to judges to get bail reduced or avoid it altogether. They also know how to negotiate effectively with prosecutors, who can agree to not oppose lowered bail.

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What if I Can’t Afford Bail?

If bail is set too high for you to pay, your lawyer can file a request to have it lowered. This is called a bail modification or bail review hearing. Your attorney will argue that the bail amount is unreasonable based on your financial situation and ability to pay. They can even request the judge release you on your own recognizance rather than posting bail.

In some cases, a lawyer may be able to get the bail changed to allow 10% payment through a bail bondsman instead of the full amount. Or they may try to get the court to accept collateral like a property deed instead of cash up front.

Do I Get My Bail Money Back?

If you pay the full bail amount yourself directly to the court, you get all of it back when your case concludes – as long as you show up for all court appearances. However, if you use a bail bondsman and pay them a 10% nonrefundable fee, you do not get any of that money back no matter the outcome.

It’s important to understand the bail bond contract before signing and paying a bondsman. A defense lawyer can help explain the terms so you don’t lose money unnecessarily.

How Can an Attorney Help After Bail is Posted?

The work doesn’t stop once bail is posted and you’re released. A defense lawyer continues looking for ways to have your bail eliminated or get restrictions like ankle monitoring removed. As your case progresses, they can file motions arguing that any ongoing bail requirements are excessive and unwarranted.

An experienced criminal attorney stays on top of your case from arrest through completion to ensure bail and bond conditions are fair based on the circumstances. They keep fighting to have bail modified or lifted entirely whenever possible.

Finding the Right Phoenix Criminal Defense Lawyer for Your Case

If you or a loved one is facing criminal charges, having the right lawyer by your side can make all the difference – especially when it comes to navigating bail and bond. Look for an attorney with extensive experience handling cases similar to yours and a proven track record of results. Be sure they offer personalized attention and truly understand your situation and needs.

With an experienced criminal defense lawyer fighting for you, you have the best possible chance of getting released quickly on fair terms after an arrest. They know how to advocate effectively for your rights and freedom. Don’t leave anything to chance – get the representation you deserve and contact a skilled Phoenix defense attorney today.

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