A judge decides on a set dollar amount, which must be paid to guarantee the defendant appears at their future court date. However, when individuals fail to make their following court date, the judge may issue a “Bond Forfeiture Hearing,” where they decide whether the state should keep the defendant's money.
The principle behind bail is simple—as long as the defendant appears in court, the party who posts bail will get their money back. If the defendant tries to skip town and make a run for it, the court will keep the bail money.
(a) A person who has been released on conditions and who has violated a condition of release, including willfully failing to appear in court, should be subject to a warrant for arrest, modification of release conditions, revocation of release, or an order of detention, or prosecution on available criminal charges.
What to Expect From Arizona Bond and Bail Hearings. Bail is what allows a person who has been arrested to remain out of jail while their case is pending. If a defendant is released on bail and makes all their legally required court appearances, the bail money will be returned.
If you want to revoke a bond, contact the agent as soon as possible. The agent will inform the court, and the defendant will be detained until he or she can arrange bail by another means. There may be fees associated with revoking a bond, which the agent will explain to you.
Pay cash bail. If it is cash bail and you pay the full bail amount, the money will be returned to you if the defendant shows up on all the hearing dates. If he won't, you will never get your money again. Bond can only be discharged if: A defendant found not guilty on the charge.
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt.
State Legislatures: Commercial bail is the most common form of pretrial release.
After charges are filed, prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed. Evidence may be poor, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests.
Felony bail usually ranges between $1,500 up to $50,000 but can reach thousands of dollars, depending on the severity of the crime and any other crime committed during the felony. The United States Constitution prohibits felony bail being in an excessive amount.
If a defendant needs to post a cash-only bond, there are a few ways to get this done. A family member can post it, the defendant can post it, or a third party can post it. There are some bail bond agencies that work with cash-only bonds. In some cases, it is preferred to work with a bail bond agency.
What is bail? If a defendant is granted bail it means they are allowed back into the public while they await trial or further police investigations, instead of being remanded in custody (ie, locked up). A person can be released on bail at any point from the moment they have been arrested.