Bail In Criminal Procedure In Maricopa

Category:
State:
Multi-State
County:
Maricopa
Control #:
US-00006DR
Format:
Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

Rule 11 is designed to assist the district judge in making the constitutionally required determination that a defendant's guilty plea is truly voluntary.

A defendant may plead guilty, not guilty, or, with the consent of the court, nolo contendere. If the defendant refuses to plead, or if a defendant corporation fails to appear, the court must enter a plea of not guilty.

Under the new version of Rule 68(g), the sanctions against a party who fails to obtain a more favorable judgment than the offer is “twenty percent of the difference between the amount of the offer and the amount of the final judgment.” This change applies to offers of judgment served on or after January 1, 2022.

Once bail has been set, the defendant or a third party can post the bail to secure the defendant's release from custody. If the defendant cannot afford to post bail, they may seek the assistance of a bail bondsman.

A defendant cannot be tried by a court, convicted of a crime, sentenced or punished for a public offense as a result of a mental defect, illness, or disability, when the defendant is unable to understand the proceedings against him or her or to provide assistance in his or her own defense.

Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions. (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name – or by a party personally if the party is unrepresented.

Most bond agreements include travel restrictions, confining you to a specific geographic area such as your county or state. These limitations are designed to ensure your availability for court dates. If travel is necessary, you must seek prior approval from the court or your bail bondsman.

Common Bond Conditions: The Essentials to Know Mandatory Court Appearances. One of the primary conditions of being out on bond is attending all scheduled court appearances. Travel Restrictions. Maintaining a Law-Abiding Lifestyle. No Contact with Certain Individuals. Compliance with Substance Abuse Testing.

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

More info

Questions about this process should be directed to the Clerk of Superior Court bond office at . Deliver in person to: South Court Tower.All orders should be presented to the Criminal Filing Counter, located in the South Court Tower, 175 West Madison Avenue – 12th Floor, Phoenix AZ 85003. Defendants who are held in custody without bond may be released after 48 hours if the County Attorney has not filed charges in a direct complaint. For other bail types, the jail will accept a money order or cashier's check payable to the Maricopa County Sheriff's Office. Free or reduced fee legal help might be available for those that qualify. Click below or call to check eligibility. You will need to contact the holding facility to determine where you can post the bond. Normally it will be at the jail. If you were arrested in Phoenix Arizona, or anywhere in Maricopa County, you may be required to post bond in order to be released.

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Bail In Criminal Procedure In Maricopa