16 Oct What Is Bail, and How Does It Work in Arizona?
Any U.S. citizen who gets charged with a crime has the right to a trial. That trial will decide if they are innocent or guilty. Until then, they are presumed innocent. But it can take weeks, months, or even longer before a trial takes place. Whether the accused person spends that time behind bars or at home is up to the judge.
Shortly after an arrest, the defendant will stand before a judge while the prosecution presents their evidence. Based on that evidence, the judge will decide whether the person under arrest should continue to be held in custody until their trial or whether they can be released.
In some cases, the defendant is released “on their own recognizance” and they are free to go. But in other cases, the judge will require bail. This is an amount of money that has to be paid to the court before the defendant can be released from custody.
How does bail get paid?
Bail is paid to the county courts, and there are no minimum or maximum amounts on what a judge can set for bail. If the judge thinks the defendant poses a threat to the safety of others, or that they might try to flee the country to avoid a trial, they will set a very high bond.
Obviously, you can’t make the payment yourself if you are still in custody. Those who can afford to pay bail themselves usually send their lawyer or a family member to make the payment on their behalf.
If you cannot afford your bail, you can use a bail bondsman. These are businesses that will lend you the money for bail as long as you pay their fees. For instance, you usually have to make a down payment and pay a percentage of the total amount.
Do I get my bail money back?
Only some of it. If you paid your own bail, you will get back what you paid minus the court fees. If you went through a bail bondsman, they will usually keep the deposit and you will have to pay them a percentage of the amount they lent you.
However, if you miss any court dates or violate the terms of your bail, your money is forfeit. You will not get anything back, and you may need to pay even more if you don’t want to go back into custody.
What happens when I’m out on bail?
When you are out on bail, you need to follow the rules of release. If you violate the terms of the agreement, you lose your bail.
Anyone who is released on bail must appear at all court-appointed meetings, hearings, and other dates. Missing a court date means a warrant can be issued for your arrest.
And if you commit another crime, your current bail will either be forfeited or raised even higher. For example, when one of the suspects in the Preston Lord murder case recently got caught street racing, the judge raised his bail by $5,000 and revoked his drivers license.
A bail agreement can also include terms like:
- Staying within county lines
- Surrendering your passport
- Avoiding contact with victims, witnesses for the prosecution, and others involved in the incident
- Attending rehab or counseling
- Taking drug tests
- Not being allowed to have any firearms or deadly weapons
- A curfew or house arrest
The conditions of bail are not meant to be a punishment. They are in place to make sure the defendant returns to court for trial and does not harm anyone in their community.
Looking for a criminal defense attorney in Phoenix?
Here at Coolidge Law, every case we take on gets our full attention. We always work hard to secure the best outcome possible for our clients, no matter the circumstances. And when a case goes to trial, we know how to build a strong defense.
If you are looking for an attorney who will fight on your side, contact Coolidge Law to schedule a consultation.
Photo by Giorgio Trovato on Unsplash used with permission under the Creative Commons license for commercial use 10/12/26.
