Anyone can post bail. Your friends, family members, or your next door neighbor could pay the bail bonds amount. …If they have the money.
Sometimes bail is set particularly high, or sometimes the incarcerated or their loved ones simply don’t have the cash on hand to cover the cost of the bail amount. That’s where bail bonds companies in Arizona step in to post bail and potentially get the incarcerated person out of jail until their appearance in court.
Whatever your reason for needing some help in posting bail, there are bail bonds agencies in Arizona that can help to take some of the financial pressure off of getting your loved one out of jail. Here is a helpful guide to get you started, and help you educate yourself about Arizona bail bonds:
How Much Do Bail Bonds Cost in Arizona?
Arizona bail bond fees revolve around the amount of the bail bond, and the collateral that you intend to use toward the bail bond amount. The amount of the bail bond that the court ultimately settles on depends on a variety of factors, including but not limited to:
- Previous criminal history, and the severity of the crime (violent felonies versus petty theft or minor misdemeanors, etc.) will affect the bail amount.
- If you’ve paid bail before, your history of successfully appearing in court will be considered.
- If you have a history of maintaining regular employment, that’ll be considered a plus.
- If you have family to take care of at home, you’ll be more likely to receive a lower bail amount.
- Personal character and mental state will also play a role in determining the bail amount.
- Positive community connections and influence will also decrease most bail amounts.
In addition to the court-mandated bail amount, there is a 10% mandated allowable bail premium in the state of Arizona, or 8% for special exceptions. That premium is the new bail amount that you’ll owe the bail bonds company that you choose to work with. There is a minimum premium of $100, and the premium amount can vary if the bonds amount is exceptionally low.
The courts of Arizona primarily want to know how likely you are to show up to your court date, and if you’re a potential threat to society if you’re released in the time until that court date. If the incarcerated person is deemed potentially dangerous based on their crime or past criminal history, they may not be allowed to post bail, regardless of the amount. If it’s considered unlikely that you’ll successfully appear in court, they’ll typically set a higher bail.
Terms and Conditions of Arizona Bail Bonds
The first rule of working with a bail bonds agency that every potential client should know is that the incarcerated person should always show up to their appointed court date. Failure to appear in court after bail bonds have been paid is considered a misdemeanor and could even be considered a felony.
Bail bonds agencies in Arizona have a long history of successfully freeing people from imprisonment. But in order to continue to work successfully, those people must appear in court. Everyone involved in posted bail for that person will also be held responsible if they fail to appear in court.
If necessary, someone can co-sign you bail bonds with you. In order to do so, the co-signer, also called the indemnitor, will need to meet the minimum requirements to be able to co-sign. This means that they’ll need to have reasonably good credit, be employed, or have rented or owned a home in Arizona for a while with no problems.
If the indemnitor fails to meet the minimum requirements there are still some alternative options available to them and the incarcerated person. For example, collateral may be used to help offset the cost of the bail bonds amount in addition to the accompanying legal fees and bail bond agency premium.
Collateral such as vehicle titles, property or home equity, or other types of collateral that are valued equal to or greater than the mandated bail amount are considered acceptable. That collateral is held by the Arizona bail bonds agency until the final court appearance is complete and the premium is paid in full.
Other Regulations You’ll Need to Know
There is usually a mandated amount of time allotted for payment before the bail bonds go into forfeiture. Arizona state law typically allows up to 120 days for the bail bonds premiums to be paid before payment is considered overdue, in which case the recently un-incarcerated person could face additional charges for nonpayment of court fees.
Some regulations can vary depending on the bail bonds agency.
The History, Availability, and Current State of Bail Bonds in Arizona
The four states that don’t allow bail bonds agencies are Wisconsin, Illinois, Oregon, and Kentucky. However, bail bonds are currently available for residents in the state of Arizona.
This year, the Supreme Court made the decision to deny Arizona legislator’s request to reconsider a federal appeals court decision to invalidate a law that denied bond to undocumented immigrants charged with serious crimes in the state of Arizona. The original law was determined to be a thinly-veiled method to hold undocumented immigrants in jail until they were forced to plead guilty to felonies, so that they would be deported.
The 9th U.S. Circuit Court of Appeals deemed the law unconstitutional in October 2014, and upheld the decision when Arizona legislators requested it be reconsidered in an effort to deport more undocumented immigrants from the state.
Access to a fair trial and fair release from jail should be a fundamental right, regardless of citizenship. And assistance with bail bonds should be made available to anyone who needs help getting out of jail, and agencies seek to help these people and their families make this a financially-viable possibility. Bail bonds agencies can provide financial assistance to ease the financial burden of incarceration and the ensuing legal fees that plague the families of the incarcerated defendants.