How do bail bonds work in Arizona, how can you get one, and what should you know about the process before you do?

When it comes to bail bonds, there is a lot you should know about the system and the people working in it. For starters, what is the difference between bail and bond? This article will introduce you to bail bonds and the bail bond process from start to finish, including how Arizona has begun changing legislation in an attempt to make the bail bond process more equal for all citizens.

How is Bail Set?

After an individual has been arrested, the court will set the amount of bail – a process known as a bail hearing. The bail amount is set depending on a variety of factors, including whether or not the judge (or court official) deems the defendant to be a flight risk, the severity of the crime committed, whether or not the judge believes the defendant to be a threat to the public, the defendant’s criminal history – the list goes on.

In addition to cash bail – one of the more well-known forms of bail in which the defendant must pay a set amount in order to be released from jail prior to their designated trial date – the judge can choose to utilize other forms of bail such as releasing the defendant on their “own recognizance” (meaning that the court trusts the defendant to be present on the trial date) or a complete denial of bail.

Bail vs Bond – What’s the Difference?

In its simplest form, bail is the amount of money (determined by the court based on the crimes committed by the defendant) a defendant must pay in order to be released from jail prior to his or her trial date. Historically, bail was set in order to ensure defendants showed up to their assigned court dates and did not flee. For this reason, defendants who do show up for their court dates can typically receive the bail amount back in full.

A bond (or bail bond) is placed by a bondsman or bond company on behalf of the defendant. This occurs at the behest of the defendant if they cannot afford the bail amount determined by the court. While general charges vary depending on the individual bond company, these institutions charge the defendant, on average, a non-refundable fee totally approximately 10% of the total cost of the bail. Once this percentage is paid, the bond company pays the full bail amount on behalf of the defendant and the defendant is released.

This, of course, is with the stipulation that the defendant appears at their trial. If the defendant appears, they do not owe any more money to the bond company. However, if the defendant does not appear in court on the given date, the full bail amount is owed to the bond company. This amount can be anywhere from $1,000 to $10,000 to $100,000 and up depending on the crime.

Why Choose to Go to a Bail Bondsman?

Bottom line: bail can be expensive. Often, bail must be paid upfront entirely in cash or through money orders, which can be difficult to access. Other options for paying bail include using items such as real estate, jewelry, or other valuables as collateral. Should the defendant not appear at their mandated court appearance, these items would become property of the state. If the defendant does not have collateral available to them, they may choose to go to a bondsman or bail bond agent to post bail on their behalf.

But how exactly does this process work? After reaching out to a bondsman, the first step is to discuss prices. What is the bond fee (if there is one) and what do you owe for the service? Once this has been determined and the defendant has paid the agreed upon fee, the bond agent provides a surety bond to the court.

Ultimately, if you’re unsure about whether or not going to a bail bondsman is the right choice for you, reach out to your attorney. They will be able to walk you through your options and determine the best course of action.

Arizona-specific Bail Options

As previously mentioned, a judge may choose any number of bail options for a defendant. For low-risk crimes, a judge may choose to release a defendant on their own recognizance. Cash bail and personal bonds are also an option.

In the state of Arizona, judges have the option of utilizing what’s known as “Arizona pre-trial services”. This means that the defendant does not have to pay bail, but there are other stipulations put into place such as drug testing, rehabilitation, or wearing a GPS-tracking device.

Arizona also has what is known as a “third-party release,” in which the defendant is released (on bail) to a loved one or other third-party who can supervise the defendant in the time leading up to the trial.

For defendants interested in acquiring a bail bondsman in Arizona, there are also a number of unique bonds that can be presented to the court by the bond company, including immigration bail bonds, property bail bonds, and surety bail bonds. These types of bail bonds are not accepted in every state.

Similar to the concept of putting down collateral in order to pay the cost of bail, a property bond requires the defendant to put down property as collateral. Only, unlike with traditional bail, the defendant still owes a fee totaling approximately 10% to the bond company.

The Evolution of Bail Bonds in Arizona

It has long been debated whether or not the practices of bail and bail bonds are fair to all people, with many arguing that they are not; that the wealthy are at a significant advantage here due to their ability to gather the necessary money and/or resources.

Poor households may not have real estate or valuables that can be used as collateral. Similarly, without being able to work and earn an income, individuals might lose their jobs and homes after being arrested, making it nearly impossible for them to gather the money needed to pay for their bail.

Arizona became one of the nation’s leaders in bail reform when legislation was passed in 2017 that prompted judges to release more low-risk defendants on their own recognizance rather than forcing them through the bail or bail bond process. Despite these rule changes, judges still have the power to set bail if warranted by the circumstances.

In Conclusion

The bail bond process in Arizona is similar to states throughout the U.S., with the exception of certain forms of bail and the state’s new approach to the way in which bail is set for low-risk defendants.

While there is certainly a lot to consider when it comes to bail vs bonds, the bail bond process, Arizona’s new legislation, and how to find a bail bondsman in your area, it is critical that you understand each of these individual steps and how they may affect you.

For any further questions about bail, bail bonds, bondsman, or the process as a whole, educate yourself and reach out to your lawyer. The more you know, the more prepared you will be when dealing with bail bonds.