Articles Posted in Law Articles

By: James Novak, Phoenix DUI & Criminal Defense Lawyer
1) Myth- Arizona Judges do not like when you hire a DUI defense attorney and it will result in less leniency.

FALSE – In fact, the majority of judges in Arizona prefer when the defendant hires a DUI defense Attorney. It makes their job easier. The judge will not have to take time and energy explaining things, and making sure the defendant understands the rules and protocol.

2) Myth – You will get the same end result if you do not hire an attorney, then if you retain an attorney to defend your charges.

FALSE – Going to court unrepresented is a fast track to a DUI conviction. Hiring a criminal or DUI defense attorney will significantly increase your chances of getting your case dismissed, charges and sentencing reduced or a much better outcome in your case than if you were to go unrepresented. The Arizona criminal justice system is a complicated maze of procedures, protocol, with strict and changing laws. The best criminal attorneys in Arizona agree that only by retaining a good DUI or criminal defense will your chances of getting your charges dropped or an acquittal increase. You will need a DUI attorney who can build and mount and present the best defense strategies on your behalf.

3) Myth – It is better to hire an attorney who charges higher “global” fees that includes trial v. an attorney who charges a lower flat fee for all pre-trial services and a lower second tier fee for trial.

FALSE – Top Attorneys and Law Firms have a difference of opinion in this matter. This author believes that it is not the best fee structure for all defendants in every situation. In the state of Arizona only about 2% to 3% (give or take a percentage over time) of DUI or criminal cases actually go all the way to trial. This means that 97% to 98% are dismissed or resolved through plea agreements before trial. So if your charges are dismissed or resolved before trial, the attorney keeps the trial fee, rather refunding you the unused trial portion.

4) Myth – If an attorney charges a higher price, he is a better attorney than one who charges a lower amount.

FALSE – There are no governing entities that regulate attorney fees or how much they charge for a particular service. Thus you will get quotes in vary wide low to high ranges for the same charge. Some DUI Attorneys charge simply for they estimated work time needed to defend the case. Many have been charging the same prices for decades. The Attorneys or Law firms must take into account their advertising, and operation costs needed to run their Law Firm. Those attorneys many tend to require a higher fee for service. There are some attorneys who feel they are justified in charging higher fees because they have more experience, training or education. But the fact that they perceive themselves in that fashion does not always make it true.

5) Myth – DUI or criminal defense attorney in Arizona you consult before hiring can guarantee your case will be dismissed or charges dropped.

FALSE – And raise the red flags. If a DUI or criminal defense attorney guarantees your case can be dismissed, run…don’t walk the other way. There are many reasons DUI attorneys can not guarantee an outcome, especially a dismissal. First, they do not have a crystal ball. Second, ever case is different and presents it’s own unique set of circumstances. Third, all the evidence must be examined including #911 recordings, report, field sobriety test results, breath test results, police procedures, constitutional rights issues, reason for the stop, witness statement, the law and defenses that can be used surrounding your individual circumstances. Fourth, if your case goes to trial, no one can predict their decision. There are many other reasons, but this should be enough to paint the picture of the myth is false.

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By: James Novak, Phoenix DUI & Criminal Defense Lawyer
Arizona DUI charges are very serious. Good DUI attorneys in Arizona will give you the same or similar advice about things you should not do to preserve your defenses. Here are some things to avoid so that you will not harm your case or defenses:

1) Do not resist Arrest. Avoid turning or walking away; running away; driving away; resist being handcuffed or taken into custody. Resisting arrest only buys you more criminal charges and the probability of physical harm in restraint or other retaliatory force by the police.
2) Once you have been arrested, do not continue to protest or plead your case with the arresting officer or police department. The officer’s mind is made up. Anything else you say many further incriminate you. Even if your constitutional rights have been violated, save it. Preserve your story for your Phoenix DUI Defense Attorney. They will use such information to build you a strong defense case through the criminal justice system. If your constitutional rights were violated, it may lead to a dismissal of your charges. But this can only happen through the proper legal channels.

3) Do not answer any questions that the police may ask you regarding your charges. Remain silent. Let them know your willingness to cooperate. However, until and unless your Arizona DUI defense attorney is present or you have consulted them, you are unable to talk about your charges.

4) Call an Arizona DUI defense Attorney, not your friends for advice. No one knows better how to advise you about your charges, and defense options better than a DUI or criminal defense attorney in Arizona. You may be ill advised by a friend or family member, if they are not Arizona Criminal Defense or DUI attorneys. In fact, you should not discuss your case with anyone, including family or friends, unless it is to help you find a DUI attorney; provide you with bail bond assistance; or your release conditions for which you may require their assistance. Even then, do not speak about your criminal or DUI charges.

5) Do not be late or avoid your scheduled court appearance that is recorded on your complaint or DUI citation. If you fail to appear for your court at the time, location, and on date, the judge will issue an immediate warrant for your arrest. The exception to this rule is if you have hired an AZ DUI or criminal defense Attorney. They may have made other arrangements with the court, may appear on your behalf, or have the court date vacated in lieu of other legal processes in your defense. In any event, your attorney will advise you of whether or not you are required to appear.

6) Do not discount the serious nature of your DUI charges. Arizona has earned a reputation of having some of the toughest laws and most severe punishments of any state in the country. DUI convictions in Arizona carry mandatory incarceration penalties, ignition interlock devices on your vehicle at your expense and more, even for a first time DUI in Arizona.

7) Do not dismiss your Right to a Defense Counsel. A DUI is nothing like a civil citation such as a routine traffic infraction or violation. It is dangerous to represent yourself. Usually self-representation is the fastest way to get a conviction and sometimes the maximum penalty under the Arizona DUI Laws. A conviction will not be easier on you. If fact it is much worse. It is best to be represented by an experienced AZ DUI defense attorney. You should hire a good private practice AZ DUI lawyer to defend you through the criminal justice system. By hiring a private practice Attorney who is experienced at defending DUI charges in Arizona court your chances of getting your DUI charges dismissed, reduced or other favorable outcome increase drastically.

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Phoenix Criminal Attorney | Criminal Defense in AZ

What you may not realize is that behind the scenes an experienced DUI or Criminal defense lawyer is involved in many activities on your behalf. If you were arrested in Phoenix AZ a DUI or other criminal charge it is important that you consult a private criminal defense attorney who defends criminal charges in Phoenix Court. Most DUI criminal and DUI attorneys provide free consultations. It will be well worth your time to discuss your charges, range of sentencing for those charges and your defense options.

Once retained, your Phoenix DUI or criminal defense attorney will guide you through every phase of the Arizona criminal justice system, keep you informed and answer all of your questions. Here are 10 other things a good Phoenix AZ DUI defense or Criminal defense attorney will be doing with you as a team, or behind the scenes:

1. Gathering and examining evidence;
2. Looking for exculpatory evidence (evidence in your favor);
3. Consideration of obtaining outside experts to testify on evidence or facts and review of their findings;
4. Reviewing all documents including but not limited to police reports, the complaint, test results, and photographs, and #911 call transcripts;
5. Interviewing or deposing witnesses including detectives and arresting police officers;
6. Based on the evidence (or lack of it) determine the best defense strategies that can be used to build your defense case;
7. Mounting your defense case against the prosecution. This is not something that just happens at trial. An experienced attorney will take every legal opportunity in the criminal justice system phases to utilize defense tactics to get evidence suppressed, reduction in charges, or a dismissal of your case. A good criminal defense or DUI lawyer will waste no time and recognize the opportunities;
8. Participating in court hearings, such as status or pre-trial conferences, which focus on legal issues such as admissibility or suppression of evidence; modifying pre-trial release conditions, and plea negotiations;
9. Preparation of your defense case to challenge the prosecution’s case, and present compelling arguments on your behalf at trial;
10. Throughout the processes, your attorney will be working with you and the prosecution to work out a mutually agreeable resolution which would avoid the expense, adverse impacts and uncertainties of trial results. The resolution must be approved by the court as well. Plea negotiations can include but are not limited to more satisfactory resolutions such as modification of the charges to lesser charges and sentencing, an agreement not to file new charges, sentencing of probation instead of jail time, reducing jail or prison sentences, dismissing a portion of the charges or a total dismissal of charges.

Make sure that the DUI and criminal defense criminal defense attorney, who will be representing you in Phoenix court, is in a position to devote the time and effort and is needed and that they are qualified to take the necessary actions in your defense. Look for an attorney who has the credentials and a vast amount of litigation experience to do what needs to be done to prepare and build a successful defense on your behalf. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

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Experienced Criminal Justice Attorneys in Arizona will build strong winning DUI and Criminal Defense Case against the Arizona Prosecution on your behalf

By: James Novak, Phoenix DUI & Criminal Defense Lawyer
Would you hire an auto mechanic to repair your broken computer? Would you hire a computer repair technician to fix your vehicle? Your answer is probably “no” to both questions. The only things the two professional technicians have in common, is that they may be highly trained, experienced, educated, and competent in their respective trade as either an auto repair mechanic or computer systems repair. But it is highly unlikely that one has equal superiority and competence in both trades. This analogy applies to law practice as well. There are many different areas of law. A “repair technician” is a general term. As such, the word “attorney” or “lawyer” is also general. A Criminal Defense Attorney or DUI Lawyer is the specific type of Attorney you will need to consult if you have been arrested in Phoenix Arizona and or surrounding cities within Maricopa County.

Decades ago, (and even today in extremely undeveloped territories) you may have heard the terms “family attorney” on a common basis. This is a lawyer who would represent a client or their family for all of their legal matters. But evolution, constantly changing laws, and litigious society, and many other reasons have made the “family attorney” extinct. Today you need to hire an attorney in the specific practice area for which your matter applies such as tax law, personal injury law, and more. If you face criminal charges or DUI charges in Maricopa County you will need to hire a criminal or DUI attorney for your Arizona Criminal or DUI defense. Here are at least seven reasons why:

1) Legislative Arizona State Criminal and DUI Laws some of the harshest in the Country. They carry severe adverse consequences if convicted. You need to make sure your criminal or DUI attorney is well informed and updated on these laws; and knows how to use these laws to the advantage of their clients for defense.

2) Arizona State Law relating to criminal and DUI charges and punishments is highly turbulent and constantly changing.

3) Changing Case law may exist that will effect your DUI or Criminal Charges Defense.

4) An experienced Criminal and DUI defense attorney will have specialized skills, training and education needed to examine and challenge technical evidence. This includes crime scene investigations, crime lab testing processes, breath testing toxicology, mechanical aspects and protocol related to breathalyzer machine testing, forensics and more. They must be able to recognize flaws or weaknesses in the prosecution’s evidence or case against you and challenge it in your defense.

5) A good Arizona Criminal or DUI attorney has extended litigation experience. The criminal justice system is all about the Court systems. It is the area of law that almost always involves the Court system. And almost every client charged with a DUI or criminal offense will see the inside of a court room at least once. And while in Maricopa County only 2% to 3% of all cases go to trial. This is still a higher percentage than many areas of law.

6) You want to make sure your Criminal or DUI Attorney regularly practices and preferably resides in Arizona. Criminal Laws differ by state. So although an attorney may be “licensed” to practice in Arizona but reside in New York, it is not the same level of experience they will have if they deal with Arizona laws on a daily basis.

7) A Criminal Attorney or DUI Lawyer in Maricopa County will be extremely familiar with the Criminal Justice Systems, the Courts, the Judges, the prosecution, procedural aspects, and more. For example a former Maricopa County Prosecutor who now defends cases, in particular, has a vast amount of knowledge and experience and has advantage in perspective. They have also usually spent a great deal of time in trial and litigation of Criminal and DUI charges. This carries over to added experience, strength, and education in your defense.

The choice is yours. But you have the right to know. You should find out about your Attorney’s background, education, training and experience before you make your decision. Criminal and DUI charges are too serious in Arizona. Your future and your freedom are not worth the gamble of by hiring an attorney outside the criminal or DUI practice areas if you face criminal or DUI charges.

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“Hiring a good Arizona DUI Attorney can mean the difference between a conviction or total dismissal, or reduction in your charges.”

Arizona DUI Attorney
If you have been arrested for a DUI in Arizona, you already know Phoenix Arizona has some of the toughest DUI laws in the Country. Arizona DUI laws carry severe punishments and sentencing for a DUI conviction. Even for a first time Arizona DUI, you will need a strong and experienced Arizona criminal defense attorney to fight for you. It is easy to find any DUI Attorney in Arizona, but your challenge will be finding a good DUI Attorney, or one of the best Criminal Defense Attorneys to defend you. Choosing a DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever face. Below are some questions you should get answers to, before making a decision as to which Attorney you will hire to defend your case. These excerpts are cited in Winning Defense Strategies Book Series “#1 Arizona DUI Defense”, written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak:

• Who will actually be my DUI Attorney?
• Have you met that Attorney before your court date?
• Does my DUI attorney defend DUI and Criminal cases exclusively?
• Will you be the lawyer who is actually handling my case?
• Who is doing all the investigation on my case? Will you be the lawyer who shows up to court with me?
• Will you be switching lawyers on me?
• Can I meet my assigned lawyer before I agree to hire your firm?
• Will I be able to speak to you if I have a question or concern?
• What is it going to Cost?
• What is Your Experience?
• What background do you have that qualifies you to handle my case?
• Have you ever been a prosecutor? If so, where, and for how long?
• What training do you have with the issues involved in my case?
• How many cases like mine have you handled?
• How often do you handle this specific type of case?
• How often do you deal with this particular prosecutor?
• How often do you appear in this court?
• How often do you appear before this particular Judge?
• What is your current caseload?
• How long should I expect to wait to hear back from you if I have to leave a message for you?

No matter what you chose to do, remember a DUI or other Criminal Charge you are innocent until and only if you are proven guilty. Everyone makes mistakes. It’s how you recover from that mistake that counts more. You can take control of your criminal or DUI charges now, by consulting and retaining a strong, experienced Arizona Criminal and DUI Defense Attorney to fight your charges.

Everyone makes mistakes. It’s how we recover from those mistakes that matter most. If you do nothing, you can count on possibly facing the maximum penalties allowed by Arizona law which will have a devastating impact on your life, family, and future. But a good Arizona DUI Attorney can mean the difference between a conviction or total dismissal, or reduction in your charges.

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10 Things Actions Top Rated DUI Lawyers or Criminal Defense Attorneys in Phoenix will Advise You to Do to Help Increase Your Chances of Getting your Phoenix DUI Charges Dismissed.

If you have recently been arrested for a Phoenix DUI or charged with DUI in Arizona, remember, that does automatically make you guilty. Whether you were charged with a misdemeanor felony, or extreme DUI, makes no difference with regard to your constitutional rights to a defense and legal representation. Below are some things you can do to avoid self-incrimination and increase your chances of getting the charges dismissed, reduced, or the best possible outcome in your case. This list is not all inclusive.

1) Consult a DUI attorney who defends cases frequently in the Phoenix Court. The chances of getting an acquittal or not-guilty verdict without a good Arizona Criminal Defense or DUI Attorney who defends charges frequently in Phoenix AZ are slim to none. The criminal justice system is complicated with a maze of laws, protocol, people and odds against you. You will need an experienced defense attorney to build a strong legal defense for your case. You need someone you can call for answers to questions, to defend you, to protect your constitutional rights, to challenge the evidence against you. Make sure your attorney is someone who is accessible and stay in close communication with them throughout the process.

2) Utilize your right to remain silent. If the police or prosecution is asking you questions relating to your charges or arrest, politely and simply advised that you wish to have your attorney present while answering any questions. If your request for your Phoenix DUI lawyer is denied, it is a violation of your constitutional rights which may result in suppression of evidence or case dismissal.

3) Write a narrative of events.
Include as many details as possible. Over time, details tend to fade. Include what you ate, drank, what took place, what was said by you or the police, any medications, taken, weather conditions, and any other details you can remember. What may not seem to be relevant to you may be material to a defense strategy in the eyes of a good DUI defense attorney.

4) Repair any trigger problems that may have resulted in the DUI stop.
This includes head lights, turn signals or any other mechanical problems for which the Phoenix police said was the reason they pulled you over for the stop.

5) Get Proper Insurance and Registration
. If you were cited for not having insurance or proper registration you must get either and provide proof. If you already had but were unable to provide proof of either please provide a copy of either to your attorney and bring the original to court.
6) Resolve any Unpaid Past Fines or Traffic Tickets. The court will look at your past history to see if you have neglected any other prior driving violations or tickets. If so, this may have an adverse impact on your sentencing.

7) Photographs of the Location of the Stop or Arrest.
Your DUI attorney will explain that photographs of things that the police relied on as a reason for the stop may be challenged if the facts support it. Be sure to include stop signs, street lights, barriers, trees, objects, landscaping, bus stops, and lane markers, any anything else related to the area surrounding your DUI stop.

8) Be on time for all court appearances.
If you are late or do not show up for your court appearances as required, an immediate warrant will be issued for your arrest. If you are but a few minutes late, this is frowned upon by the court as ill regard and disrespect of the court and the seriousness of your DUI charges.

9) Advise your DUI attorney if there are any potential witnesses that may be willing to testify or be interviewed in your defense. For example, if a friend or adult family member were passengers in the vehicle, they may have observed you and been of the opinion that you did not appear to be drunk or driving impaired.

10) Ambulance or Hospital Records. If you were taken to the hospital or emergency Room, following an accident related to your DUI charges, get medical records from both entities. Because of patient privacy laws, it is usually faster for you to obtain the records than if your Attorney requests them. There may be information regarding existing medical conditions, or other information your DUI attorney can use in your defense.

For more winning defense strategies visit www.arizonacriminaldefenselawyer.com where you can download free AZ DUI defense books written by experienced attorney James Novak as well as DUI defense videos produced by James Novak, Phoenix DUI Defense Attorney.

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Criminal Justice Article by: James Novak, Scottsdale DUI & Criminal Defense Attorney
All criminal courts in Arizona have standards of etiquette one must follow when attending. Below are the standards adopted by Scottsdale City Court:

1) Dress Code: While most attorneys will appear in suits, you do not need to dress formal. However, clothing should be clean and fitted. Shirt and shoes are required.
All hats and caps must be removed before entering the courtroom.

2) All pagers, cell phones or other mobile devices must be turned off inside the courtroom.

3) Refrain from texting, shuffling and reading newspapers, or pages of books. They can cause distraction in the courtroom.

4) Food, drink, and all weapons are strictly prohibited in the building. They should be left at home, in auto or somewhere else outside the building. They can not be stored in the building.

5) The court asks that you take a number from the ticket dispenser, located in the lobby, as soon as you enter the building to allow for timely help on numerical basis.

Note: If you are unsure about a particular item or scenario that is prohibited or allowed, it is best to call in advance to avoid delays in the proceedings for which you plan or are required to attend.

Below is Scottsdale City Court Address and Phone number:

3700 North 75th Street
Scottsdale, AZ 85251
(480) 312-2442

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Criminal Justice Article by: James Novak, Phoenix DUI & Criminal Defense Attorney
All criminal courts in Arizona have standards of etiquette one must follow when attending. Below are the standards adopted by Scottsdale City Court which is the
Scottsdale Municipal Court:
1 All weapons of any kind are prohibited in the Phoenix Municipal Court building.
2 Eating, drinking, gum chewing, and creation of any noise or disruption are prohibited in the courtroom.
3 Arrive early in advance to the designated courtroom on your scheduled date and time.
4 Sit quietly while in the courtroom. No talking or whispering is allowed while Court is in session. Background noises may interfere with the quality of the recording by the court reporter and distract those involved in the proceedings.
5 All mobile devices such as phones, pagers, and the like should be turned off in the courtroom.
6 Be courteous and respectful in all areas of the building in and out of the courtroom.
7 Dress Code: Shoes and shirts are required to be worn. Clothing that displays offensive slogans or pictures are prohibited. Hats or caps must be removed before courtroom.
8 Smoking is prohibited by law in all areas inside the Court Buildings. (Designated smoking areas are available outside the building.)
9 Avoid bringing small children and infants into the Court room. If this is not possible for you, understand that parents may be asked to leave, or remove children from the courtroom if they become a disruption.
10 If you are a defendant, it is wise to make arrangement in advance of your court appearance, for the care of your children, if the unfortunate possibility exists that you may be booked into jail or incarcerated immediately following the court proceeding.

If you are unsure about a particular item or scenario that is prohibited or allowed, it is best to call in advance to avoid delays in the proceedings for which you plan or are required to attend. Below is Phoenix Municipal Court Address and Phone number:

300 West Washington Street
Phoenix, AZ 85003-2103
(602) 262-6421

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Criminal Law Article by: James Novak, Arizona DUI & Criminal Defense Attorney
As a citizen you have certain protected constitutional rights both under Federal and Arizona State Law. The fact that you were arrested does not change that. In fact, your constitutional rights were violated before, during, or after your arrest, a good DUI or criminal defense attorney will present a compelling argument that could lead to a dismissal of your criminal or DUI charges in Arizona, a reduction of charges, or evidence against you suppressed. Below at least 5 constitutional rights, that if violated by the Arizona Police or law enforcement agency that will effect the outcome of your case and weaken the ability for the prosecution to convict you of a crime or DUI charges:

1) Failure to Read your Miranda Rights: The police must read your Miranda Rights, sometimes known as Miranda warnings, at the time of your arrest. If they did not, the Arizona Prosecutor may not use the statements as evidence against you that you made while you were in custody.

2) Improper Stopping of your Vehicle for Documents Check: Unless a DUI stop
was at a pre-arranged DUI sobriety checkpoint in Arizona, the police must have a legal, justified reason to stop you and ask for your Driver’s License and Auto Registration. An actual traffic violation or valid suspicion that a crime is in progress or was committed must exist for the police to stop and ask for these documents.

3) Stopping your Vehicle for a Misperceived Violation of the Law: It is not uncommon for a driver to complete a driving maneuver that was safe and legal, but the police officer did not believe it was. Police can make mistakes too. The officer’s interpretation of the law must be correct regarding that particular driving action. The traffic signals, street signs, barriers, and lane markers must comply with the Manual for Uniform Traffic Control Devices.

4) Illegal Search: The police must have a justifiable reason to search you or your vehicle. They are prohibited from searching a person or auto for a minor traffic violation without your consent. Otherwise a search warrant is required by the officer. Evidence found illegally, without your consent or search warrant can be suppressed by an experienced AZ DUI or Criminal defense attorney. By filing the proper motions and presenting compelling argument on your behalf, the evidence may be suppressed or charges dismissed.

5) Denial of your Right to Counsel: You must not be denied or unjustifiably delayed the right to defense counsel in absence of a valid reason. If you were arrested, the police must allow you the opportunity at the earliest possible time to consult with an Arizona DUI or criminal defense attorney. Otherwise, this could lead to evidence being suppressed or charges dismissed.

For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacrimialdefenselawyer.com

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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
the circumstances.

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.

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