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Types of Release Conditions and How They Are Determined by Arizona Courts

Release Conditions – What the Judge Considers

Release conditions are set by the judge in consideration of assuring you will return to appear for your next court date. The judge considers many factors when setting release conditions including but not limited to:

  • Nature and seriousness of the charges;
  • Residency;
  • Family and employment ties;
  • Financial resources;
  • Victim involvement;
  • Flight risk;
  • Safety of the community
  • Other factors particular to the circumstances

Types of Release Conditions

1)      Own recognizance (OR) – Meaning you are released to simply return for your next scheduled court date without imposition of other conditions;

2)      Bond – Meaning you may be released based on posting a bond which is a specific dollar amount you must pay the court for assurance you will return for your next court date. You may arrange bond with a Bond Company or Bondsman, but providing collateral and a small percentage amount to them. In return, the Bond Company pays the entire bond to the court.

3)      Release to a Third Party – Meaning you will be released to someone else, usually a family member or competent adult who will be responsible for making sure you return for your next court appearance.

4)      Release to Pre-trial Services – Pre-trial Service Programs is county, state, government or nonprofit agencies that help the court make bail decisions. They provide risk assessments, and recommendations to the court. In some cases supervised release of the defendant to the program, for those who would otherwise have not been eligible for release or able to make bond. They work closely with the court and the defendant to assure the defendant does not pose a threat to the community and appears for their next court date.

Criminal Lawyer in Mesa for Bail and Release

If you feel that your release conditions in a Mesa court are too harsh, burdensome or unjustified, your defense attorney, can file a motion to modify your release conditions. The challenge will be based on your set of circumstances, and why you feel they are not justified in your case. If the Maricopa County court honors your legal counsel’s formal request, your bond may be significantly reduced; you may avoid being confined to jail until your next court date; or be relieved of other conditions that were too burdensome. Also, this enables your Mesa criminal defense lawyer to intervene early in your charges. Early defense retention in your criminal case, is one key factor in getting a successful outcome overall in your case.