Gavel, handcuffs and money on table

How Bail Works in Arizona

Faussette & Faussette PLLC Nov. 2, 2023

If you’re arrested for a crime, being stuck in custody can affect your school, work, family, and access to an attorney. On top of that, planning your defense while in jail may be quite difficult. Fortunately, defendants facing criminal allegations in the state can secure temporary release by posting bail or bail bond. It's essential to note that knowing how bail works is crucial to determine your eligibility and the right steps to take after an arrest. 

Since 2013, we’ve been providing comprehensive guidance and skilled representation to clients in their criminal cases. Our dependable Arizona criminal defense attorneys can tell you about specific state laws governing bail. Also, we can determine your eligibility for bail and represent you diligently at the hearing. Our firm proudly serves clients throughout the Valley and its surrounding cities and across the state of Arizona, including Phoenix, Scottsdale, Peoria, Glendale, and Mesa. 

What Is Bail?  

Bail is the amount of money or deposit that an alleged defendant pays to secure a temporary release from jail while awaiting further court hearings or trial. In the state of Arizona, the court will set the bail amount and required conditions depending on each offender’s unique circumstances. Generally, the court will hold the bail you post to ensure that you attend subsequent court proceedings. 

Who Qualifies for Bail in Arizona?  

According to Arizona law, most criminal offenses are “bailable as a matter of right.” This means that every criminal defendant is eligible for bail, except individuals arrested for the following crimes: 

  • Capital offenses, such as murder or multiple homicides. 

  • Sexual conduct with a minor below 15 years. 

  • Sexual assault. 

  • Felonies committed while released on bail. 

  • Felonies where the defendant poses a significant danger to others or the community. 

A seasoned attorney can assess your case details to determine your eligibility for bail and fully explain how the court determines the bail amount. 

How Is the Amount of Bail Determined?  

The court will set the bail amount and the conditions to release the defendant based on the following: 

  • The amount required to ensure that the defendant appears in court. 

  • The amount and conditions required to ensure the victim’s safety and other community members.  

  • Conditions that will prevent the defendant from intimidating witnesses. 

Additionally, the court will consider the following factors to determine whether the defendant is eligible for bail: 

  • The nature, seriousness, and surrounding circumstances of the offense. 

  • The magnitude of evidence against the defendant. 

  • The defendant’s criminal history, record, and characteristics. 

  • The nature and severity of the danger to the victim 

  • The defendant’s substance abuse history or drug test results. 

  • Any prior record of jumping bail. 

  • The immigration status of the defendant. 

  • The victim’s views and statements regarding the crime and bail. 

  • Any other factor deemed relevant by the court. 

Once the amount of bail is determined, the defendant can take the payment to the jail or reach out to a bail bondsman to issue a bond. 

What Are Bail Bonds? 

Bail bonds are surety bonds that a third party – usually a bail bondsman or bail bond company – posts on behalf of the defendant to secure their temporary release. It is a guarantee that the defendant will appear at the court trials, hearings, or other proceedings.  

A defendant who can’t provide the required bail amount can enlist the services of a bail bondsman. In Arizona, the bail bondsman will charge a 10% bail premium to secure your release from jail. 

The Bail Process in Arizona  

After a criminal arrest in Arizona, the defendant will be arraigned before a judge. At the initial appearance or arraignment, the judge will inform the defendant of the charges against them and their rights. Then, the judge will set the trial date, bail amount, and required conditions for the defendant’s release. 

In some situations, a bail hearing may be required to determine the bail amount and release conditions. Once bail is set, you can post bail to the jail or hire a bail bondsman to pay on your behalf. Unfortunately, defendants who are unable to post bail or bond will remain in custody until the court trial. Still, it’s important to speak with a criminal defense attorney who can analyze all of your options.  

Understand Your Next Options 

Understanding your rights and options regarding bail after an arrest is crucial to help you navigate key decisions. At Faussette & Faussette PLLC, our attorneys have devoted their careers to handling criminal cases and helping defendants secure bail. 

As your legal team, we can advocate for your rights during the bail hearing and help secure the required amount and reasonable conditions for your release. In addition, we strategize a solid defense to help fight your charges and refute the accusations against you with factual evidence. 

Contact us at Faussette & Faussette PLLC today to schedule a simple case assessment with highly-skilled criminal defense lawyers. Our reliable attorneys can help you secure bail and guide you through the Arizona criminal justice system. We’re proud to serve clients throughout Phoenix, Scottsdale, Peoria, Glendale, Mesa, and across the state of Arizona.