Arizona Criminal Justice Arizona | Phoenix DUI Defense
By: James Novak, Phoenix DUI & Criminal Defense Lawyer
A bail bond is also known as an Appearance Bond. If you were arrested in Phoenix Arizona, or anywhere in Maricopa County, you may be required to post bond in order to be released. If you have been arrested for any DUI or criminal defense in Maricopa County, you should contact an experienced Attorney to discuss your charges, bond, and defense options. Here are some frequent questions and answers for general information concerning Arizona bail bonds:
Q. What is a bail bond?
A. A bail bond allows the defendant who was arrested to be released, with the purpose of guaranteeing they will appear in court at a later time and date specified by the Arizona Court.
Q. Is a bail bond required for all Arizona DUI or Criminal charges arrests?
A. No. Under certain situations the court will release a defendant without requiring bond be posted. This is called a release on you “Own Recognizance”. Also, a defendant may be released upon another person’s promise to ensure the appearance of the defendant in court later. This is known as a “Third Party Release”.
Q. Who can post bond?
A. Anyone. Bail bond companies do this as well. The bond poster is responsible for the full amount of the bond if the defendant fails to appear or violates release conditions ordered by the court.
Q. What happens if the defendant fails to appear?
A. The Phoenix court will schedule a bond forfeiture hearing and all parties involved will be notified of time and date. Common outcomes include 1. The bond is forfeited, 2. An Arrest Warrant is issued for the defendant and 3. The court may occasionally allow the defendant another chance to appear.
Q. If bond remains forfeited, can the bond poster get their money back?
A. No. Once ordered by the Phoenix Judge, the bond is now owned by the Phoenix, Maricopa County, or the State of Arizona.
Q. What happens if the defendant appears as ordered?
A. There are a number of things that can happen from here:
1) The court may order the bond be exonerated to the bond poster.
Once the Phoenix Judge allows clearance the court refunds a
Bond to the bond poster, or clearance given to the bond posting company
Who initiates release of collateral.
2) If the defendant posted the bond themselves, the court the court may order that
The bond be kept to pay fines, fees, surcharges or restitution depending on
3) The same as two above applies if someone else posted bond on the defendant’s
behalf, however, the third party must agree to it.
4) The Phoenix Court may order the bond to remain if effect until the next court
Appearance if required.
If you have been arrested in Phoenix or any other city in Maricopa County including Tempe, Mesa, Chandler, Gilbert or Scottsdale AZ for any DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Phoenix, Mesa, Tempe, Scottsdale, Chandler, Tempe, Gilbert Arizona and surrounding cities.
This article is intended to provide general information only, to generate discussion, and increase awareness of a particular topic. It is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.