Bail Bonds FAQs
What are some things to look for when choosing a bail bond company?
How do I accept calls from an inmate in the Maricopa County jails?
How do I get a bond?
You can use bondsmen this means that you will pay a fee and need to use some form of collateral.
You can post cash for the full amount of the bond with the court or jail.
How much is the bond?
Who is the guarantor or indemnitor?
What are my options if I am arrested?
Surety Bond (a bail bond)
Release On Own Recognizance (O.R.)
What happens if the charges are dropped the next day or two after a bond is posted for me? Can I get my money back?
How long is the bail bond process?
What factors Are Used in Deciding the Bail Amount?
How about prior criminal history?
Prior criminal history means less and less as the crime gets more serious. If someone is accused of first degree murder, then their criminal history will matter very little in the judge’s decision. Once again, for less serious offenses, history plays a larger role.
How about prior bench warrants?
It is possible that past warrants may have been issued in error or were issued for invalid reasons. If these can be satisfactorily explained by the defense attorney, the judge may remove the warrants from their consideration.
How about ties to the community?
There are several factors that are considered to give the defendant strong ties to the community. One is owning a home or property and living with their family in that community (it also helps if the family is in the courtroom for the arraignment). If they have been a long time resident of the community, that is even better. US Citizenship and employment at a steady full-time job are also considered strong ties. An effort to hire a private attorney can also show that the defendant has a stake in sticking around to face the charges. Finally, if the defendant voluntarily surrenders to the police (without having to be arrested), it also shows strong willingness to face the charges before them.
Can you explain The Court Criminal Justice Agency?
Can you explain the role of the Judge?
Judges are given a large amount of discretion when setting bail. Their attitudes and experiences when setting bail vary widely. Some judges set bail in most of their cases, others release many of the defendants, while some others have a fairly even split. The less experienced the judge, the more likely they are to “play it safe” and either remand the defendant (as compared to setting bail) or set bail (as compared to releasing on recognizance).
Can you explain the role of the Prosecutor?
Can you explain the role of the Defense Attorney?
If the defendant is not able to hire an attorney, they will be appointed a lawyer that is staffing the arraignment courtroom. The appointed lawyers are not in the position monitor individual cases from arrest to the arraignment. They receive the case last minute after the accused has been fully processed by the police and court staff. The appointed attorneys are often very knowledgeable, but their caseload and the lack of time involved prevents them from speaking with the police and the court staff in order to obtain reliable information about the case.
The attorney for the accused will usually provide their client with accurate, reliable information about their situation. That is of course dependent on the time of hiring and the extent the lawyer is able to communicate with their client while in the courtroom.
What is collateral?
What does Sanctuary Bail Bonds accept as collateral?
- Real Estate
- Credit Cards
Can I finance the bail bond fee?
What forms of payment are accepted?
- Master Card
- American Express
- Cashier’s Checks
- Electronic Bank Transfers
Can I leave the state or country while I am out on bond?
What happens if the defendant misses their court date?
What happens if the defendant gets rearrested while out on bond?
What happens if I think the defendant is not going to show up for court after I have already posted the bond?
What information should I have before I contact the bail agent?
What is the full name and booking number of the person in jail? The bail agent will need this information in order to contact the jail. The bail agent can get the booking number for you if you don’t have that information.
How much is the bail? The bail agent will get this information when they contact the jail if you do not have it. With the bail amount the agent can tell you the amount it will cost to post a bond and get the person out of jail.
What are the difference between an arraignment and a trial?
What happens at an arraignment?
Calling of the Case- The court officer that organizes the cases into the judge’s calendar will announce the case, usually by calling out the case/docket number and then the defendant’s name “The People versus John Doe.”
The court officer then brings the accused out from the court holding area and places them in front of the judge’s bench. The defense attorney stands next to the accused and the prosecuting attorney stands on the other side of the accused. Everyone involved faces the judge for the proceeding.
In recent years, some arraignments are conducted using closed circuit TV. The accused stands in front of a camera at the jail while the judge, defense attorney, prosecutor, and anyone else involved is in the courtroom with the accused appearing on the TV monitor.
The next formal step is for the accused to be read the formal (detailed) charges against them. To save time, the judge will ask the defense attorney if they will waive the reading of the detailed charges. A defense attorney following good courtroom etiquette will agree and explain the charges to their client if private.
After taking a moment to review the file, the judge asks the prosecutor for specifics of the case. The prosecutor then provides the court and defense attorney with certain formal notices (which can take many different forms) that may be required by law or procedural custom. The defense attorney can then provide the court and prosecutor with some “cross notices”.
Once the paperwork has been exchanged, the judge asks the prosecutor to make a statement regarding bail. The prosecutor then tells the judge whether or not they feel bail should be set (along with reasons), how much the bail should be, and a very brief description of the case. At this point, those speaking cannot be interrupted by an objection or other motion. Once the prosecutor is finished, the defense attorney can state their reasoning as to whether or not bail should be set and/or the reasons why bail should be kept lower.
Once the judge has heard both sides, they then make their decision regarding bail and the arraignment is over.
If bail is set, the court officer escorts the defendant back to the court’s holding area until bail is posted. If the judge set a “Release on Recognizance” (the defendant is released simply on the promise that they will return on the date of the trial), the defendant can simply walk out the courtroom door. In some states, the defendant is held in jail for a short time while ROR paperwork is processed, then released.
Note 1: For some minor cases, the judge, prosecutor, and defense attorney may discuss resolving the case right then and there in order to save valuable court time for more serious cases.
Note 2: Although it seems like a fairly detailed process, most arraignments take place in only 3-5 minutes. The experience of the judge and the attorneys involved greatly influences this process. Experienced lawyers and judges are very adept at presenting and evaluating cases quickly and using a lot of legal jargon that courtroom spectators may not be aware of. Family and friends of the defendant that are not aware of how the arraignment process works are often frustrated that the case is not argued at that time.
You Can Be Involved in the Conditions of Release
If drug, alcohol or emotional problems are involved, you may require that the defendant accept completion of a treatment program or additional conditions while they are out on bail. We can accommodate special conditions of release per your request. Call us at 602-224-5247 today.