Robert Christian Billar Criminal Law Blog on Lawyers.com

In Arizona and throughout the U.S., setting bail is a means of assuring that a defendant released from jail before trial appears at court for hearings, trial, and other scheduled court dates. 

Under current law, 18 USC 3142 (f), bail is denied for defendants with the following charges or circumstances:

• Crimes of violence
• Offenses with maximum penalties of life in prison or death
• Certain drug offenses with penalties of more than 10 years
• Repeat felonies
• Serious flight risks
• Potential for obstruction of justice
• Potential for witness tampering

This means if you are charged with any of these offenses, you must remain incarcerated until your trial.

The bail hearing

A judge sets a bail amount at a hearing based on the history of the defendant, risk of flight, the type of charges pending, the recommendations of the prosecutor, and mitigating circumstances that may be introduced by the defendant or defense counsel.  Then it is up to the defendant to pay the amount of bail set by the judge.
You may put up your own bail if you have access to sufficient funds.  Or a friend or family member may pay bail for you with cash, a cashier’s check, or a bond based on the assessed value of the family home or something equally valuable.  If bail is paid in full and you attend all of your court hearings properly, bail money is refunded to whoever paid it at the conclusion of the case.  If you skip out on court hearings, your bail is forfeited to the court.  If a family member put up a residence for your bail, the house may be seized and sold.

However, because bail can be set for high amounts, using a bail bonds agent is the most common way people post bail.

How the bail bond process works

A bail bonds agent arranges to post bail on the defendant’s behalf as a surety or bail bond.  This is an official document that guarantees the court that the defendant will appear in court.  Contact a Phoenix criminal defense lawyer

For this service, a bail bond premium is set.  A bail bond premium is typically ten percent of the amount set for bail—in federal cases it may be 20 percent.  For example, if bail is set for $25,000, the defendant must pay the bail bonds agent ten percent or $2,500.  This money is not refunded.  In return, the bail bonds agent posts a bond with the court for the entire $25,000 bail amount.

If the defendant fails to appear, the bail bond company sends an agent to find the defendant and bring him or her to the authorities.  Bail is either reinstated with a new court date or revoked.  If the defendant cannot be found, the bail bond company forfeits the $25,000 bond to the court. 

The length of the bail process

After you appear at court for all the required dates, the bond process is complete. 

Billar & Donald, P.C. - Phoenix criminal defense lawyers
2700 North Central Avenue, Suite 320
Phoenix, AZ 85004