If you get the call that someone you love has been incarcerated, you may not know how to get him or her out of jail. It is critical to protect your loved one’s future in the key moments directly after an arrest by hiring a criminal defense attorney in Scottsdale right away. An attorney can walk your family through this stressful time and assist you with the steps that are required to release someone from jail in Arizona.
Learn About Bail
First, you will need to understand how bail works. Bail is an amount of money that the courts will accept to allow a criminal defendant to await trial at home rather than in jail. Bail is a certain sum that is pledged as a promise that the defendant will appear in court at any future required hearings and appearances. The amount of bail required is set by a judge and changes from case to case.
When determining bail, a judge will consider factors such as the nature of the alleged crime, the defendant’s prior criminal history, and whether the defendant presents a potential threat to public safety or a flight risk. The amount of evidence that exists, the defendant’s familial and career ties, and whether the defendant is a U.S. resident can also play a role in how bail is set. In some cases, a judge may decide not to set bail at all.
For more information, read this guide here.
Types of Bail
In a minor misdemeanor case in Arizona, the jail may decide to release a defendant on his or her own recognizance, meaning without charging a fee for bail. This might occur if a judge believes the individual is likely to appear in court at future hearings and poses a low risk to the community. In some cases, these individuals may need to sign documents that promise they will appear in court or abide by other stipulations, such as wearing a GPS tracker or going to drug/alcohol rehabilitation.
There is also the possibility of cash bail, or a specific amount of money the defendant must pay to be released from jail. With cash bail, the defendant will get the sum paid back after he or she appears in court, minus administrative fees. Finally, there is a third-party release. With this type of bail, a judge may choose to release the defendant to a third party, such as a friend or family member, who will then be responsible for ensuring the defendant appears in court. This is common in a case involving minor crimes and defendants with clean records.
How to Secure a Bail Bond
If your loved one has been arrested in Arizona, the first thing you should do is contact an attorney for advice and assistance. An attorney can help your family understand what type of bail has been set by a judge and how to meet the terms and conditions of the bail. If the bail amount is significant, a lawyer can help you obtain a bail bond. This is obtained from a bail bondsman or a professional who will post bail on behalf of a defendant for a fee.
To get a bail bond, you or your criminal defense lawyer will visit or contact a bail bondsman. You will need to pay the required fee, which will not be refunded to you even after the defendant appears in court. Your family will also have to provide collateral to the bondsman to cover the remaining bond amount. This may come in the form of money, property, vehicles or other valuables. If the defendant fails to appear at the next hearing, the collateral put up will be kept by the bail bondsman.
For more information about how to get someone out of jail in Arizona, call the Law Offices of John Phebus at (623) 400-5675 for a free consultation.