How to Bail Someone Out of Jail in Arizona
Getting stuck in jail after an arrest can interfere with someone's ability to earn a living, access a lawyer, plan their criminal defense, and care for their family.
Learn how an experienced criminal defense attorney can help you get someone out of jail in Arizona. You will learn the entire process of bailing someone out of jail and the steps you need to take to get your loved one released. You will also learn about different types of bail bonds and the costs involved with bail.
How Does Bailing Someone Out of Jail Work in Arizona?
The right to be free from excessive bail appears in the U.S. Constitution and the Arizona Constitution. More importantly, Arizona's constitution enshrines the legal principle that every criminal defendant has a right to bail except those arrested for:
- Capital offenses
- Sexual assault
- Sexual conduct with a minor under 15
- Felonies committed while released on bail
- Felonies, if the defendant poses a substantial danger to others or is an immigrant in the U.S. without a valid visa
Even in these cases, the defendant might still receive bail after a bail hearing.
In all other cases, a court sets the bail amount and release conditions based on:
- The amount needed to ensure the appearance of the defendant in court;
- Conditions that will protect against the intimidation of witnesses;
- The amount and conditions needed to safeguard the safety of the victim or others in the community.
Bail allows a defendant to leave jail while awaiting trial; it will not get someone out of a prison sentence. Thus, the answer to “Can you get bailed out of prison?” is a resounding no. Bail is only available to keep you free before your trial.
Consequences of Skipping Bail in Arizona
When someone skips bail, the judge issues a bench warrant. The police will jail the defendant if they encounter them but will not actively hunt for them.
The court also orders the bail bond company to turn over the full bail amount. The bail bondsman forecloses on your collateral and hires bounty hunters to track down the missing defendant.
What Are the Types of Bail?
Judges can order several types of bail and release conditions:
- Own recognizance
- Cash bail
- Arizona Pretrial Services
- Third-party release
When a person is released on their own recognizance, they do not need to post any financial security. Instead, the defendant simply signs a pledge to appear in court.
Some states accept house deeds, vehicle titles, or other property for bail. Cash bail means the court must be paid with currency. This does not mean you are required to have the money to bail out your loved one. You can deposit collateral with a bail bond company to secure a bond with the court. The company will pay the court if the defendant fails to appear as required.
Cash bail is different from cash-only bail. If the court orders cash-only bail, you cannot use bail bonds to post bail for your loved one. Instead, a currency must be paid to the court. You can still use a bail company to loan you the money to get the arrested person out of jail. But the terms for a bail bond will differ from those for a cash loan for posting cash-only bail.
Arizona Pretrial Services (PTS) enforces required conditions such as:
- GPS monitoring
- Home checks
- Drug testing
With third-party release, the court releases the defendant into the care of a third party, usually a friend or family member. That party becomes responsible for the defendant and the pretrial release conditions.
Average Bail Amounts by Crime Arizona
Courts set bail based on each defendant’s unique situation. Some charges in Arizona are ineligible for bail. But all other offenses automatically qualify. When the defendant commits a bailable offense, the court will usually set bail at an initial bail hearing.
At the initial appearance, judges must consider:
- The victim’s views
- The nature and circumstances of the offense
- The defendant’s criminal history
- Risks to the community
- The weight of evidence against the accused
- The defendant’s family relations, community ties, job, financial resources, character, and mental health
- Drug test results and substance abuse history
- Prior instances of jumping bail
- The defendant's immigration status
- Where the defendant resides
Judges can also consider other factors, but they cannot consider characteristics of protected classes like race, national origin, gender, or sexual orientation.
It is difficult to find defendants who fail to appear. Thus, a court could set higher bail for a homeless person than for someone with an address. But it cannot deny bail altogether if the homeless person was accused of bailable offenses.
Typical bail amounts by crime in Arizona include:
- DUI: $500 to $2,500
- Petty Theft: $500
- Grand Theft: $20,000
- Breaking and Entering: $25,000 to $50,000
- Robbery: $50,000 to $100,000
- Simple Assault: $500 to $25,000
- Felony Assault: $25,000 to $100,000
- Illegal Firearm Possession: $500 to $200,000
- Drug Possession with the Intent to Distribute: $2,500 to $5,000
- Domestic Assault: $5,000 to $15,000
These are general estimates of how much to bail someone out of jail.
Understanding Bail Bonds
You can think about bail bonds as a cross between insurance and a loan. A bond is a promise to the court that the bondsman will pay the entire bail amount if the defendant does not appear in court. Since the bondsman has a trusted relationship with the state, the bond substitutes for bail.
The bond company charges you a nonrefundable fee to issue the bond. The cost can vary but is usually 10% of the bail amount. If a court orders $50,000 bail, you will probably need to pay a $5,000 fee with cash, credit card, or cashier's check.
Additionally, you need to deposit collateral with the bail bondsman. The collateral should cover the entire amount of the bail. For example, you could deposit a car title for a $20,000 vehicle as collateral to have the bondsman issue a bond for $10,000.
How to Bail Someone Out of Jail in Arizona
You have two options for paying bail in Arizona: deliver the bail yourself or contact a bond company to issue a bond.
When you deliver bail directly to the court, you need to access the amount and your loved one’s booking number. How do I find out someone's bail amount? You can call the jail or perform an online inmate search on the county jail’s website.
Take the booking number and the exact amount to the jail. County jails in Arizona accept currency, money orders, or cashier’s checks.
When you need a bond, you will provide your loved one’s information to the bondsman. The bondsman will calculate the bond amount, and you will give them the bond fees and collateral. The bond company will explain the terms of the bond so you understand what your loved one must and must not do.
How to Post Bail at 4th Ave Jail in Phoenix
The 4th Avenue Jail, also known as the Maricopa County Jail, houses everyone arrested by law enforcement agencies in Maricopa county:
- Arizona Department of Public Safety / Arizona Highway Patrol
- Maricopa Sheriff’s Office
- Phoenix Police Department
- Scottsdale Police Department
- Gilbert Police Department
- Chandler Police Department
- Mesa Police Department
- Tempe Police Department
- Avondale Police Department
- Other local police departments
The jail assigns your loved one a booking number when taking them into custody. You can get this number by calling the jail hotline at (602) 876-0322 or using the jail's online search engine. After the court sets bail, you can take the payment to the jail or contact a bondsman to issue a bond.
If the court sets a cash-only bail, you or your bondsman need to take money to the jail. For other bail types, the jail will accept a money order or cashier’s check payable to the Maricopa County Sheriff’s Office.
How to Bail Someone Out of Jail in Another State
Posting bail for out-of-state inmates often costs more because you need to either travel to or contact a bondsman in the other state to deposit bail on your behalf. If you pay it yourself, you need to know where your loved one is being held. You can then call the jail to find out the full bail amount and how to bail them out.
If you contact a bail bondsman, provide as much information as possible about your friend or family member. They can use that information to look up your loved one and bail them out after you send the fee and collateral. Can you bail out of prison in another state? No, bail only releases inmates from local jails before trial.
Canceling a Bail Bond Contract
The bail is exonerated and bail contracts automatically end when:
- The court acquits or convicts the defendant;
- The defendant takes a plea bargain;
- Prosecutors dismiss the charges.
Regardless of the outcome, the jail returns your bail payment or releases the bond when the case ends. The bail bondsman returns any property securing the bond.
If your loved one is not complying with release conditions, you may want to cancel the bond early. The bondsman may agree to cancel the contract if they are able to gain custody of the defendant. They will return the defendant to jail, cancel the contract, and return your collateral. But if there is already a warrant, you will not be freed from your obligation.
Get Help with the Bailing Out of Jail Process in Arizona
Your loved one faces the full might and power of the state of Arizona when they face charges for a criminal offense. Pretrial release on bail will give them the best possible chance to work with an experienced criminal defense attorney.
Table of Contents