Arizona’s Laws on the Violation of Bail Conditions

Introduction

If you have been arrested for a crime in Arizona, depending on the severity of your crime as well as your previous history, you will likely be released on bail by the judge before your trial. While out on bail you are not free to do anything that you like. In fact, when you are released on bail, there are certain rules and stipulations that the judge will require you to follow in order to remain out of jail.

The conditions for bail are different for each case, but they are usually based off of the particulars of your case. For example, if you were arrested for a drug possession, your bail conditions will require you to refrain from drug usage as well as being in the close vicinity of others who are using drugs. If the police were to find you with drugs on you or close to others who have drugs on them, this could be considered a violation of your bail conditions and you will be placed in jail until your trial.

Four Types of Release in Arizona

When you are arrested in Arizona, there are a few different options for your release before your day in court, here are the four types of release a judge may consider:

1. On Your Own Recognizance: For this situation, the judge will let individuals leave the court after promising to appear at the next scheduled court date. This decision by a judge is based on the severity of the crime as well as the previous history of the individual. Those who have a good record of making court dates or are first time offenders with a low level crime are given this kind of release.
2. Bond: To be released on a bond, a judge will set a dollar amount, which must be paid to guarantee you will return for the court date. If you fail to make the court date, the judge will issue a “Bond Forfeiture Hearing” where they can decide to keep the money. For example, if someone is released on a $50,000 bond and they do not show up for the court date, the judge has a right to take the $50,000 and give it to the state. If the money is posted through a bail bondsman the process is more intense as they will hire bounty hunters to locate you and ensure they get their money back. If you do make the court date then the money is returned to you.
3. Pretrial Release: A judge may use this option for an individual who has committed a felony. In a pretrial release, the individual is released under supervision. While the individual waits for their trial, officers will routinely check on them to ensure they are not committing other crimes as well as ensuring they are abiding by the terms of their release. Those who have a pretrial release may also be released with a tracking device.
4. Third-Party Release: This type of release involves a judge allowing the release of an individual to a third party who promises to deliver the individual to the future court date, and if the third party fails to deliver the individual on the court date they will be held responsible. An example of this would be a younger defendant being released into the custody of their parents. The parents offer to watch their child until the court date and ensure that they will bring them on the day of court.

What is a Bail/Bond Hearing?

After an arrest, the court will schedule a bond/release hearing to decide the conditions of your release before trial. The amount of the bond and the conditions will be determined by the crime you commited, and if you are released you must adhere to the conditions of your bond.

What are Common Bail Conditions?

The following are some of the most common bail conditions given in Arizona and if you violate them you may be facing serious consequences:

• Consuming Alcohol
• Using Drugs
• Removing or failing to wear your monitoring device
• Committing a new crime
• Leaving the State of Arizona
• Leaving the country
• Showing up late to your court date
• Failing to appear on your court date
• Violating the terms of your probation

What Happens if You Violate Bail Conditions in Arizona?

The severity of the punishment for violating bail conditions depends on what you do, which means that each of the common bail conditions listed above carry different consequences. This is a good thing seeing as committing another crime is far more severe than showing up late to court and it would be unfair if they had the same consequences.

If you violate the conditions of your bond, usually the first thing to happen is the judge will revoke your bond. From there the judge has several options:

• If your violation wasn’t serious enough to end your ability to be out on bond, the judge will increase the amount of your bond and this is especially true if the judge was charitable during the initial bond hearing and set it at a low amount. If you violated your bail conditions do not expect the judge to be charitable, your new bond will be much higher than before.
• The judge may require you to check in with the court more often than you were before
• If you were not already wearing an ankle monitor and you violated your bail conditions by leaving the state, you may be required to wear one now
• The conditions of your release can become stricter, meaning you may have had loose guidelines that will now become more restrictive
• You may be placed on house arrest
• You may have to submit to frequent drug and alcohol testing

Ultimately, violating your bail conditions will either result in the bond price increasing and your conditions of release becoming far more strict, or your bail will be revoked and you will be taken to jail where you will remain until your court date. An experienced criminal defense attorney can assist you with obtaining fair bail conditions, but each time you violate your bail conditions your lawyer loses the leverage needed to obtain the best result for your case.

Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.