Feature Article: Understanding the Bail Bond System in Arizona
Oh, the unexpected feeling of getting that one phone call from your family or friend letting you know they are in jail. The situation can be daunting, and immediately you feel the need to help them out of their situation. However, understanding the bail bond system in Arizona is crucial in navigating the necessary steps to get your loved one out of jail. This article will explore the different types of bail bonds in Arizona, how to obtain a bail bond, and the factors influencing bail amounts.
The Definition of Bail Bonds According to Arizona Statutes
In Arizona, a bail bond is a legal contract between the defendant, the person bailing them out, and the court. It is a guarantee that the defendant will appear in court when required to do so. By posting bail, the defendant is allowed to leave jail and continue with their normal activities, like going to work or taking care of their family, while awaiting trial.
Types of Bail Bonds in Arizona
There are primarily two types of bail bonds in Arizona: cash bonds and surety bonds. Cash bonds involve paying the total bail amount in cash to the court. If the defendant complies with the court's requirements, the cash is returned after the case is closed. Surety bonds, on the other hand, involve hiring a bail bond company or agent to post bail on the defendant's behalf, charging a non-refundable fee of around 10 percent of the total bail amount.
How to Obtain a Bail Bond in Arizona: Step-by-Step Process
The process of obtaining a bail bond in Arizona typically involves the following steps:
- Search for the best bail bond company or agent in your area who is licensed and reputable.
- Provide the defendant's full name, date of birth, and location of arrest.
- Complete an application form and sign a bail bond contract with the bail bond company or agent.
- Paid a non-refundable fee of around 10 percent of the total bail amount to the bail bond company or agent.
- The bail bond company or agent then posts the bail on behalf of the defendant.
- Ensure that the defendant shows up in court as required. If the defendant skips bail, the bail bond company or agent may come after them, with a bounty hunter, if necessary.
- If the defendant complies with the terms of their bail, the bail bond company or agent's liability ends once the trial is over.
Understanding Excessive Bail in the Arizona Legal System
According to the 8th amendment to the US Constitution, excessive bail is unconstitutional and therefore prohibited. The Arizona legal system adheres to this amendment, but still, the judge can set high bail amounts if the case involves serious offenses, and the defendant poses a flight risk or danger to the community. Ultimately, it's the judge's responsibility to determine the bail amount based on the severity of the crime and the defendant's financial history, employment status, and past criminal records.
Differences Between Bail Bondsmen, Bail Agents, and the Role of Bail Bond Companies
The terms "bail bondsmen" and "bail agents" are used interchangeably, and they share the common role of helping defendants post bail, but with different legal status. A bail bondsman is an individual licensed to post bonds and can do it full-time. In contrast, a bail agent is typically an employee of a bail bond company and is permitted to post bonds under the company's license. Bail bond companies, meanwhile, a commercial entity that provides bail bonds to defendants in exchange for a fee, as discussed earlier.
Factors Influencing Bail Amounts
The bail amount for a defendant is primarily based on the following factors:
- The severity of the offense
- The defendant's criminal history and past records
- Flight risk or danger to the community
- The defendant's ties to the community or lack thereof
In conclusion, understanding the bail bond system in Arizona can be the difference between getting your loved one out of jail or leaving them stuck inside. Hiring a reputable and licensed bail bond company or agent can help you navigate the necessary steps to get them out with ease. Remember, compliance with the court's requirements after posting bail is necessary to avoid any legal issues.
For more information on bailing someone out of jail in Arizona, please click on this link -Bailing,Bail.
Social Plugin