You’ve probably heard of bail from the news or the movies. It feels different if you or a loved one is posting bail.
In this article, we’ll talk about how bail works in Arizona and the common issues that people have with bail. If you or a loved one is charged with a bailable offense (whether a felony or misdemeanor), get in touch with our experienced Phoenix bail attorneys to talk about your case. Call us now to schedule a consultation!
Is Bail Refundable?
The party who posted bail will get their money back if the defendant shows up in court. In other words, if the defendant runs away or forgets to appear in court, then the court will keep the money.
Bail is usually pretty expensive. This provides an incentive for the parties posting bail to ensure that the defendant appears on their court date.
What Exactly is Bail?
Bail is written permission from the court that allows a person to stay out of jail while they’re awaiting trial or the result of their case (like a withdrawal of the charges or a guilty verdict). To get bailed out, the defendant or another party has to pay collateral.
The party who posts bail does not have to be the defendant. It may be a friend, a relative, or a bail bond company. To get their money back, the party who bails the defendant is incentivized to ensure that the defendant appears in court when they receive their summons. This includes the initial pleading and all other mandated appearances and court dates.
If you have any questions about the bond system, or if you want to avoid conviction and imprisonment, then get in touch with our experienced Phoenix criminal defense attorney! Call our law office now to schedule a consultation.
What is Bail Bonding?
It can be pretty costly to pay bail. If the defendant or their friends and family cannot gather enough cash and assets to make bail, then you can look for a bail bondsman or bail bond agent for assistance.
Through bail agents, a bail bonding company can lend the defendant the bond amount they need to get bailed out of jail.
There are two types of bail bonds:
Criminal bail bonds
These guarantee payment for penalties and fines against the defendant.
Civil bail bonds
These guarantee payment of costs, debts, and interest against the defendant.
It’s common for the defendant to give the bail bonds company around 10% of the bail amount as payment. Then the company will deliver the bond to the court to ensure the release of the defendant.
The amount of bail and the availability of assets will affect how soon a defendant gets their bail. It can take anywhere between a few hours to several days for the agency to secure the amount needed.
If you have concerns about bonds, from bond money to the bail bond agents, give us a ring. Our experienced Phoenix criminal defense attorneys will be happy to answer your questions
How Arizona Bail Works
If a friend or a relative calls you for bail, your first step is to get in touch with a criminal defense lawyer. The lawyer can meet with the client as soon as possible even if family members are not allowed to visit.
A skilled attorney can negotiate to lower the amount needed for bail. It’s also possible for the defendant to be released on their recognizance with no need for bail.
In most cases, the defendant has to appear in a bail hearing so that the judge can set it. Factors that affect a judge’s decision on the release conditions include:
- Criminal record;
- The severity of the crime;
- The flight risk; and
- The danger to the community.
The judge also decides if the bail is non-cash or cash and whether you can come up with a secured appearance bond. A skilled defense attorney will get you the best bail conditions possible for your case.
Once bail is set, you can then proceed to payment. There are three modes that Arizona jails accept: cashiers’ checks, Western Union money orders, and postal money orders.
Ask the jail for information on who the check should be addressed. Take note that for checks worth more than $10,000, you’ll have to provide your Social Security number both to get the money order and when you give the payment.
This covers how the general bail system looks like for you. Things may be different for your case depending on the circumstances. If you’ve got any questions about the bond process or bail enforcement, our knowledgeable Phoenix defense attorneys are here for you. Call us to schedule a consultation.
What Happens After Posting a Bail Bond?
The defendant will be released from jail immediately once the bond has been posted. What happens after depends on what the defendant does.
As long as the defendant shows up when they’re summoned, the bail bond will be dissolved when the case ends. All collateral will be given back (except for the bond agent’s fee).
If the defendant fails to appear in court, such action results in the forfeiture of the bail bond. The court will then look for the 90% from the bond agency.
Bail bond companies can take collateral from the parties involved, but a huge portion will likely come from the bonding companies themselves. This is why bond recovery agents usually accompany them to deal with defendants who flee.
If a family member needs to post a bond to get out of jail, give us a call. Our savvy Phoenix criminal defense attorney can help deal with the criminal charges and protect the defendant from the harsh criminal justice system.
A defendant can prevent detention if they can post bail. For people who can’t afford the amount needed to get out on bail, they can contact a bail bond agency to help them pay it off. Failure to appear when summoned will cause the party who paid to forfeit it to court.
If you or a loved one get locked up in county jail for a bailable violation, give us a call. Our experienced Phoenix criminal defense attorneys from Snader Law Group, LLC understand how the bail process works.
We can deal with the paperwork and help you get the best-case scenario, like lowering the bail needed to get released from jail or have the charges dropped. Our knowledge of the court system, criminal law, and court proceedings will give you the edge to prevail in court.
The law may be harsh, but our criminal defense team is here to fight for you and get you out from behind bars. If you need skilled legal representation, call our Phoenix law office today to protect you from prosecution and conviction!