Practice Areas:
"PRE-CHARGE" CASESRELEASE HEARINGSASSAULTCHILD ABUSE / SBSCOMPUTER CRIMESDOMESTIC VIOLENCEDRUG CASESDUI / DWI LAWSDUI DEFENSESMVD HEARINGSJUVENILE CASESPROBATION REVOCATIONPROF. LICENSINGSEX CRIMESTHEFT / WHITE COLLARASSET FORFEITUREVEHICULAR CRIMESWARRANTS / EXTRADITIONSENTENCE MODIFICATIONAPPEALS / RULE 32
RELEASE HEARINGS
Whether you or a loved one is arrested for DUI or murder, a misdemeanor or a felony, one of the first priorities is to get the accused released from custody. Release may be by way of a simple promise to appear, also known as being released "OR," or on one's own recognizance. However, for more serious misdemeanors or felonies, or where the accused has a prior criminal record, posting bond may be required to secure release.
What is Bond?
Bond is money or other property that is deposited with the court to ensure that the person accused will return to court when he or she is required to do so. If the defendant returns to court as required, the bond will be returned at the end of the case, even if the defendant is ultimately convicted. However, if the defendant does not come to court when required or violates his or her bond conditions, the bond may be forfeited to the court and will not be returned.
The purpose of setting bond is two-fold: it is to ensure the presence of the accused at future court proceedings, and it is also to safeguard the community. There are many factors to consider: the seriousness of the offense; the accused's previous criminal record, if any, whether the defendant has ties to the community, owns property, or is employed, and many others.
Once bond has been set, it may be posted in one of several ways: cash; government bonds or real property; or a bail bond. The bail bondsman provides an invaluable service. In exchange for the bondsman's fee (usually 10% of the amount of the bond) and some form of collateral, the bondsman will go to the courthouse, police station or jail, fill out the necessary paperwork, and post the bond on behalf of the accused.
The Law Behind Bonds
The Eighth Amendment to the United States Constitution requires that bail not be excessive. This means that bail should not be used to raise money for the government or to punish a person for being suspected of committing a crime. The purpose of bail is to give an arrested person freedom pending resolution of a case. The amount of bail must be no more than is reasonably necessary to keep someone accused of a crime from fleeing before a case is over.
In Arizona, bail is not a matter of grace, but is a constitutionally protected right. Article 2, Section 22 of the Arizona Constitution provides in part, "All persons charged with a crime shall be bailable by sufficient sureties..." That section of the Arizona Constitution has long been interpreted to be a protection of a criminal defendant's presumption of innocence. It has been stated, "that one charged with a commission of a public offense...should not be punished by imprisonment previous to his conviction in the mode prescribed by law--provided he is able to give reasonable security for his presence when required to answer." Matter of Application of Haigler, 15 Ariz. 150, 153 (1913).
The Arizona Supreme Court addressed the considerations for setting reasonable bail in Gusick v. Boies, 72 Ariz. 233 (1951). The Court noted that the determination of the amount of bail must be done in light of the constitutional prohibition against excessive bail and should also take into account:
- The nature and gravity of the offense charged
- The character and reputation of the accused
- His previous criminal record, if any
- The measure of punishment which may be inflicted
- The ability of the accused to give bail, which includes his own financial condition as well as the possession of friends, able and willing to give bail for him.
BOND FAQ's
My loved one is in jail can you help get him out quickly?
We take pride in the fact that so few of our clients are behind bars. To a great extent this is due to the success we have in rapidly obtaining reasonable and affordable bonds. While every case is unique, in most instances we can help arrange for a client's bond within 24 hours.
What if the jail has placed a hold, such as under the circumstance where the person is wanted on other charges in another county?
Technically, the fact that a hold is outstanding does not prevent the issuance of a bond; it is, however, far more difficult to obtain an immediate release. But we don't give up! We often attempt to lift the hold by securing a bond in the other county or city that placed the hold based upon the client's other outstanding charges.
How does the bond process work? Can the bond be reduced once it is set?
The answer to this question depends largely on the securing jurisdiction in which the defendant is incarcerated as each jurisdiction handles bond issues somewhat differently. As a general rule, we will try first to reach an agreement with the prosecutor on whether a bond is necessary and, if so, in what amount. In this way, we need not wait for a hearing to request a bond be received. We may also contact a judge to expedite the process. In many cases however, it is necessary to file a motion requesting a hearing. Depending on the court's calendar, this hearing may be scheduled within days or weeks of our request. At this time, we typically present evidence of our client's good character, his ties to the community, and the likelihood that he will appear in court. We may also use witnesses to demonstrate the appropriateness of a bond and/or its amount. We will work closely with you and your family to prepare for this hearing so that the court may set as low a bond as possible.
An experienced criminal defense attorney can also be extremely helpful in getting bond reduced after it is originally set. For example, in several serious felony cases, Mr. Gillespie has been successful in seeking bond reduction in Maricopa County Superior Court as follows:
State v. S.D. - $2.5 million to $100,000
State v. J.O. - $500,000 to $10,000
State v. S.H. - $250,000 to $100,000
State v. R.L. - $108,000 to $32,000
What if a bond is denied? Can the decision be reversed?
Perhaps. Once a defendant has been denied a bond, there may be little anyone can do prior to the resolution of the case. This is particularly true in certain cases where state law authorizes the accused to be held without bond. In certain instances, however, we may to ask the Court to reconsider its decision so that we may present additional evidence as to why a bond should have been set.
What happens to the bond at the end of the case?
Once the case is complete and the final order is entered, the bail bond will be refunded to the individual that posted the bond after the Defendant has upheld his duty to appear in court as required. The bond is returned even if the Defendant is ultimately convicted. If the Defendant fails to appear in Court, the person that posted the bond will automatically forfeit the bond, the Defendant will have a warrant out for his arrest, and will be required to pay the full amount of the bail bond.
Conclusion
As stated above, Pretrial release may be by way of a simple promise to appear, also known as being released on one's own recognizance. However, for more serious misdemeanors or felonies, or where the accused has a prior record, posting cash bail may be required to secure release. If someone you care about has been arrested or has questions about a warrant, self-surrender, bail or bond conditions, please contact The Gillespie Law Firm, P.C., a leading criminal defense firm in Arizona today. In many cases we can provide advice to help you obtain the Defendant's immediate release from custody, often within 24 hours of being contacted.
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