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How Bail is Set in Phoenix: Factors Judges Consider for Release
|Last Updated on: 5th October 2023, 07:37 am
How Bail is Set in Phoenix: Factors Judges Consider for Release
Getting arrested can be scary, and trying to understand how bail works can make it even more confusing. But having an idea of what to expect at your initial appearance can help you feel a little bit more in control. This article will walk you through the bail process in Phoenix and what judges think about when deciding whether or not to release you.
Initial Appearance
After you get arrested, you’ll be taken to have an “initial appearance” in front of a judge. This is where the judge will look at the charges against you and decide if you can be let out of jail while you wait for your trial, and if so, under what conditions. The judge has to think about a few key things:
- How serious is the crime you’re accused of? More serious crimes often mean higher bail.
- Do you have a criminal record? People with long records sometimes have a harder time getting bail.
- Are you a danger to the community or a flight risk? Judges worry about this.
There’s a law called Rule 7.2(b) that says there’s only a few reasons a judge can refuse bail altogether. Basically, if letting you out would put someone in danger or you seem likely to run away. But most of the time, the judge will set some kind of bail.
Cash Bail vs. Bond
If the judge decides you can be released, you’ll have to pay bail. There’s two main options for doing this:
- Cash bail – You pay the full bail amount yourself, in cash.
- Bond – You pay a bondsman a percentage (usually 10-15%) and they pay the rest.
Cash bail lets you get the full amount back at the end of your case. With a bond, the bondsman keeps their fee no matter what. Bonds can be faster and let you pay less up front, but you don’t get that money back even if you show up to all your court dates.
Release Conditions
In addition to setting a bail amount, judges can put other conditions on your release. Common ones include:
- Drug testing or alcohol monitoring
- House arrest (ankle monitor)
- No weapons
- Staying in the state
These are meant to reduce flight risk and keep the community safe. Make sure you follow any release rules – breaking them can land you back in jail!
Getting Help from a Lawyer
Navigating bail and release on your own can be really tricky. An experienced criminal defense lawyer can help in a few key ways:
- Argue to the judge for lower or no bail
- Explain your options and the pros/cons of each
- Actually post bond or pay cash bail for you
- Make sure the jail processes your release properly
Having a lawyer in your corner makes the whole process smoother. You’ll understand what’s happening and hopefully get out of jail quickly.
Waiting for Release
Even if the judge grants bail, it can take awhile to get out of jail if you can’t pay right away. The jail won’t let you use a personal check or credit card, it has to be cash or cashier’s check. If family is bringing money, they may have to wait until banks open. And the jail staff has to process everything, which can lead to delays too.
It’s frustrating to wait in jail if your family is trying to bail you out. But hang in there, and keep in touch with your lawyer so they can push the jail staff to finish up your release. Don’t let the chaos stress you out too much.
Types of Bail Release
There’s a few different forms of release the judge might grant you:
- Own Recognizance – The judge lets you out without paying anything, you just promise to return.
- Cash bail – You or family pay the full bail amount up front.
- Bond – You go through a bondsman who pays part of the bail for a fee.
- Pretrial Services – You get supervised release through pretrial services.
- Third-party custody – Someone agrees to monitor you and ensure you comply.
If you’re released on your own recognizance, make sure to show up to court and follow any other rules so you stay out of trouble!
Factors Judges Consider for Bail
When deciding bail conditions, judges look at:
- The seriousness of the crime
- Your criminal history and record
- Your ties to the community
- Your employment situation
- Your mental health
- If you pose a danger or flight risk
Judges have a lot of discretion. There’s no “set in stone” rules for bail amounts. Your lawyer can point out facts about your situation that support lowering your bail.
Conclusion
Dealing with bail and release after an arrest is stressful. But understanding the process in Phoenix can help. The judge will look at your charges, history, and any public safety risks. Cash bail, bonds, supervised release, and own recognizance are options. An experienced criminal lawyer is invaluable for navigating this confusing system and getting out of jail smoothly.
With smart legal help, you can get through initial appearance and back to your life. Don’t hesitate to lean on your lawyer for guidance during this difficult time.
References
- https://www.azlawhelp.org/articles_info.cfm?articleid=394&mc=13&sc=98
- https://dmcantor.com/blog/how-to-post-bail-at-maricopa-county-jail-in-phoenix-arizona-2
- https://www.jacksonwhitelaw.com/criminal-defense-law/bail-bond-process-arizona/
- https://dmcantor.com/release-hearing
- https://www.jacksonwhitelaw.com/criminal-defense-law/how-to-bail-someone-out-of-jail/
- https://brandonwhitelaw.com/blog/how-to-bail-someone-out-of-jail-in-arizona