The bail and bond system in the United States, and in Arizona specifically, can be a confusing one if you’re not sure what to expect. Basics, such as the difference between bail and bond, are often mistaken, which can lead to a more difficult experience within the legal system overall.

We’ll be going over all of the essentials when it comes to Arizona bail and bond hearings, so you know what to expect and how to prepare for these hearings should you be faced with one.

What Is the Difference between Bail and Bond?

Let’s start with the basics – bail vs. bond. What are they and how do they compare?

When an individual has been arrested and is awaiting trial, the court will set bail for them – the total of which is determined by the type of crime(s) they committed; specifically, how violent the crime was – and how much of a flight risk they are, among others. In order to be released from jail (prior to the trial date), the defendant, or someone on the defendant’s behalf, must pay the full amount of bail using three available forms of payment: a Western Union money order, a postal money order, or cashier’s checks.

In some instances, the individual’s lawyer may be able to lower the amount of bail owed or stipulate that only a percentage of the bail money must be paid in order to release the defendant. So long as the defendant appears at all necessary trial hearings, they – or whoever posted bail on their behalf – will receive the bail amount back in full. If the defendant decides to run away, the courts keep the full bail amount.

A bond, on the other hand, is a form of bail placed specifically by a bond company or individual (a.k.a. “bondsman”) on behalf of the defendant. Most individuals go to a bondsman if they are unable to come up with the cash for the bail on their own. Bail bonds companies make money off the defendant by charging them approximately 10% of the total bail amount; a non-refundable payment that the defendant must pay, even if he or she does show up for their court date. Should the defendant not appear in court, they owe the bail bond company the full amount of the bail. This amount can range from $1,000 to $1 million or more – all dependent upon the seriousness of the crime committed.

How Is Bail Set In Arizona? Introducing the Bail Hearing

The process of setting the bail amount takes place in what is known as a bail hearing. As previously mentioned, the judge determines the amount of bail that should be set given the crime, circumstances surrounding it (such as whether or not the crime was a violent one), and how much of a potential flight risk the defendant is.

For some, bail may be set at a relatively low amount, while other, high-risk defendants may be given a bail total in the hundreds of thousands to millions of dollars. Some may be released on their own recognizance, meaning the court does not see them as a risk, while others may be refused bail on account of the seriousness of their crimes.

Because the bail amount is so reliant on the context of the crime, it’s important to have a criminal defense lawyer present during the bail hearing. He or she may be able to utilize context to your advantage and either lower or eliminate the cost of bail.

In Arizona, there are four types of bail releases available. A judge may release the defendant on:

• Their own recognizance. The court trusts the individual to appear at the set court date on their own. The judge does not believe the defendant to be a risk to themselves or others.
• Bond. A set amount of money must be paid in order for the defendant to be released prior to their court date. Once the money is paid (either in partial or in full depending upon the circumstances set by the court), the defendant is released and must appear at all court dates in order to receive the full amount back.
• Third-party release. The judge releases the defendant to a trusted third-party (this could be a family member or other significant individual in the life of the defendant) who takes on the responsibility of ensuring the defendant shows up for all of their future court dates. The third-party is also responsible for monitoring the defendant and ensuring they do not break any court agreements or restrictions.
• Pretrial services release. The defendant is released but closely monitored by state agents. The defendant is often forced to wear some kind of GPS monitor and is restricted as to where he or she is allowed to go. Periodic check-ins from agents may also occur from time-to-time to make sure the defendant is not violating the court agreement in any way.

For defendants who need, for one reason or another, to acquire bail from a bondsman, Arizona also has a number of unique bonds available for use in a court setting. Surety bail bonds, immigration bail bonds, and property bail bonds are all potential options, but it’s important to note that these are NOT accepted in every U.S. state. Make sure you understand the laws and regulations in your state. An experienced criminal attorney will be able to advise you on this.

Critical Considerations and Lowering Bail

Prior to officially setting bail, the judge will listen to arguments from both the prosecution and defense in order to acquire a basic understanding of the facts of the case, how violent the crime was that took place, etc. This initial bail hearing is typically rather informal, focused on how reliable the defendant is and how likely they are to return to their official court hearing.

At this time, your defense attorney has the opportunity to argue a lesser bail amount in your favor. While not a full court hearing, your lawyer can present facts that contextualize the case – and your role in it – in order to hopefully reduce the amount of money owed for bail (or possibly even eliminate it entirely).

The Importance of Having a Criminal Lawyer

Regardless of the context of your case, you should never leave your bail hearing up to chance. Make sure you consult with a criminal lawyer who is experienced in the particular area of law that relates most to your crime (DUI, fraud, theft, etc.). This can make all the difference when it comes to a successful bail hearing.

A qualified defense attorney should be familiar with the law and how it relates to your case – something that, unless you have a significant background in law yourself, is knowledge you likely won’t be able to bring to the table yourself. Know your rights, representation being one of them, and have someone on your side who is fighting for you.

Need help finding a criminal lawyer? Our team of highly-experienced criminal law attorneys are happy to help. Schedule a consultation today to go over your options and best next steps. Don’t wait!

Call the Phoenix Criminal Lawyer criminal law team at a (602) 600-0447 to get expert-level legal help with your case.