Modification of Release Conditions: What to do if your release conditions by the court are unreasonable and too harsh

Winning arguments used by experienced criminal Attorneys to request modification of your pre-trial release conditions from Scottsdale AZ Custody.

Following your arrest for DUI or other Criminal Charges in Scottsdale AZ you will remain in police custody until you appear before the Scottsdale Court Judge who will read you your formal complaint, rights, and pre-trial release conditions.

The Scottsdale Court’s release conditions should meet the standard of A.R.S. criminal code rule 7 which requires the Judge to issue orders that are the least “onerous” (or the least burdensome) initial pre-trial release conditions based on your charges and factors that surround it. If you feel the release conditions are too harsh, or unreasonable in nature, you should retain the services of an experienced Scottsdale criminal lawyer. Your Scottsdale Criminal Attorney can file an immediate motion while you are still in custody,
To modify your release conditions. They will present compelling arguments, and remind the Scottsdale Judge, and prosecution of the Arizona rule 7 “onerous” standard. The intent of the standard is that it is of a necessary nature only to secure attendance at future court appearances or trial, and that based on the charges, your release does not pose a threat or harm to the community.

Below are 10 of many factors the Scottsdale Court will consider in your defense in order to honor your Scottsdale criminal attorney’s request to modify your release conditions. This list is not all inclusive:

1) Medical conditions or disabilities that require special or constant medical attention or treatment.
2) Financial hardship your family will suffer, if you are the sole provider.
3) Lack of anyone to care for your children while you are in custody if you are a single parent with no other alternatives for their care and supervision.
4) You are the sole care giver to a disabled or ill family member.
5) Length of residence in Arizona and your strong ties to your home, job, family life in Arizona to argue that you are not a “flight risk”.
6) Name and relationship you have to another stable and responsible person to whom you can be released to, and who will assure your attendance at future court appearances for which you are required to attend.
7) Your willingness to give up any passports that would allow you to flee the United States.
8) Lack of financial resources to make bail.
9) You have no prior criminal record or convictions.
10) Nature of your crime was not violent, you did not harm or intend to harm anyone and your release does not pose as threat to society.


If you have been arrested for DUI or criminal charges in Maricopa County 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). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information. .

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Chandler, Scottsdale, Tempe, Mesa, Gilbert and Scottsdale Arizona, Phoenix Metro, and Phoenix East Valley Arizona..

This post was intended to provide general information only and 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.

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