When a Tempe area resident has been arrested for a crime it can be a scary situation. The criminal justice system is tough on crime and not very clear to those who are accused of them. It can be an incredibly confusing time for a defendant who just wants to understand what is going to happen to him. One important part of the criminal defense system is bail. Understanding how the bail system works in Arizona can be important for a defendant.
Initial court appearance
The first step after a person has been arrested for a crime in Arizona is an initial appearance in court. At this hearing the defendant will hear the charges against them, the judge will appoint an attorney if the defendant doesn’t have one, and the release condition will be set. The release condition is the bail amount and conditions the court will consider include:
- Level of offense
- Risk of the defendant to the community
- History of defendant not appearing in court
A judge will then decide if the bail will be a cash only bond or a secured appearance bond. A cash-only bond is where the entire bond amount needs to be paid in cash while a secured appearance bond is where 10% cash is paid and some of the bond can be satisfied by other assets. After sentencing if the defendant followed the conditions set by the bail, the bail amount will be returned. If a defendant uses a bail bond company, generally their fee is 10% of the bond.
Criminal defense attorney
An attorney who specializes in criminal defense can help their client with any questions regarding criminal procedure in Arizona. An attorney can advise their client on their best course of action.