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Arizona
Motion to Release Defendant and Set Reasonable Bond

Arizona Motion to Release Defendant and Set Reasonable Bond

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-02735BG

Format:

Instant download

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 bond 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 second deed of trust or mortgage on one's house.

The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

Arizona Motion to Release Defendant and Set Reasonable Bail

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5.04 Equal Effort.

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FAQ

A no bond status signifies that an individual is not eligible for release from county jail through the payment of bail, as a judge has not set a bail amount. The arrested person will remain in custody until a judge potentially sets bail at a later hearing or the case concludes.

Rule 7.2 - Right to Release (a)Before Conviction; Bailable Offenses. (1)Presumption of Innocence. A defendant charged with a crime but not yet convicted is presumed to be innocent.

The nature and circumstances of the offense charged. Whether the accused has a prior arrest or conviction for a serious offense or violent or aggravated felony. Evidence that the accused poses a danger to others in the community.

Recognizance/Personal Recognizance Authorized in nearly every state and known as ?PR bonds? or ?ROR,? these bonds are an agreement signed by the defendant promising to appear in court as required.

What Factors Do the Courts Consider When Setting Bail Amounts? The specific details of the charge. The defendant's past criminal convictions. The risk to public safety. The likelihood that the defendant will flee and not appear at trial.

Under Arizona law, most criminal offenses are ?bailable as a matter of right,? meaning that, unless the judge determines that the defendant should not be permitted to post bail for a very specific set of reasons, then the judge must determine the conditions under which the defendant may be released.

Every order of release must contain the following conditions: (1) the defendant must appear at all court proceedings; (2) the defendant must not commit any criminal offense; (3) the defendant must not leave Arizona without the court's permission; and (4) if a defendant is released during an appeal after judgment and ...

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.

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