Arizona Bail Rules: How are Terms of Bail Determined

13 Oct Arizona Bail Rules: How are Terms of Bail Determined

When we think about bail, money is probably the first thing that comes to our minds. However, bail terms include much more than simply the amount you can pay to get out of jail before trial. As a criminal defense law firm in Chandler, AZ, our attorneys at Coolidge Law Firm have been through countless bail hearings and know the importance of this period of the case. So what are the Arizona bail rules and how do judges determine bail terms severity or leniency?  

What offenses are not bailable in Arizona? 

Although bail hearings are set before a trial takes place, there are some instances where bail may not be granted and the defendant is confined to their jail cell preceding a trial. According to ARS 13-3961, these instances include situations where “proof is evident or the presumption great that the person is guilty of the offense charged and the offense charged is one of the following:”

1. 1. A capital offense.
   2. Sexual assault.
   3. Sexual conduct with a minor who is under fifteen years of age.
   4. Molestation of a child who is under fifteen years of age.
   5. A serious felony offense if there is probable cause to believe that the person has entered or remained in the United States illegally.

If an offense is bailable, how are the terms set? 

There are a number of considerations a judge will take into account when choosing the terms of bail and the amount set to be paid for release in Arizona including:

1. 1. The views of the victim.
   2. The nature and circumstances of the offense charged.
   3. Whether the accused has a prior arrest or conviction for a serious offense or violent or aggravated felony.
   4. Evidence that the accused poses a danger to others in the community.
   5. The results of a risk or lethality assessment in a domestic violence charge that is presented to the court.
   6. The weight of evidence against the accused.
   7. The accused’s family ties, employment, financial resources, character and mental condition.
   8. The results of any drug test submitted to the court.
   9. Whether the accused is using any substance if its possession or use is illegal. 
   10. Whether the accused violated Arizona statues involving methamphetamines. 
   11. The length of residence in the community.
   12. The accused’s record of arrests and convictions.
   13. The accused’s record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings.
   14. Whether the accused has entered or remained in the United States illegally.
   15. Whether the accused’s residence is in this state, in another state or outside the United States.

Other than money, what are other terms of bail that may be set? 

In addition to the amount of bail set by a judge to be paid, a judge can also determine the following terms upon release:

1. 1. Restrict travel and place of residence. 
   2. Prohibit the possession of weapons.
   3. Prohibit or restrict the use or possession of drugs and alcohol.
   4. Require the person to report regularly to their supervising officer.
   5. Implement electronic monitoring. 
   6. Prohibit any contact with the victim.

Criminal Defense Law Firm in Chandler, AZ

If you or someone you know has been charged with a criminal offense, minor or severe,  it’s imperative to speak with an experienced criminal defense attorney. Not only may a lawyer be able to help you avoid jail or prison time altogether, they may be able to help minimize bail terms as well as a sentence if a conviction is unavoidable. Call Coolidge Law Firm today for your free case consultation.

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