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When is Bail Set in an Arizona Criminal Case?

Posted by Shawn Hamp | May 18, 2015 | 0 Comments

When is Bail Set in an Arizona Criminal Case?

If someone you know has just been arrested and is being held in custody, you probably want to know when they're going to be released and when will bail be set.

When a defendant is arrested, they have to see a Judge within 24 hours. The reason why is that, in criminal cases, except for homicide and sexual conduct with a minor, a defendant is entitled as a matter of right, to bail and a matter of right to have release conditions set. So, a Judge has to see a defendant within 24 hours and they do this at an initial appearance.

The initial appearance is conducted and that's when a Judge tells a defendant what they're charged with and then makes a determination what release conditions are appropriate. When a Judge has told a defendant what they're charged with and is ready to determine what bail is appropriate, the Judge is going to consider a couple of things. The Judge is going to look at the seriousness of the charges. The Judge will look at the criminal history of the defendant. And, the Judge will also make a determination what community ties that the defendant has to the community and the court.

The Judge makes all these—considers all these factors to determine if the defendant is a flight risk. If the Judge is absolutely convinced that the defendant is not a flight risk, the Judge will release that defendant on their own recognizance. If on the other hand a Judge believes that they might be a flight risk, the Judge could set a bond in their case. A bond has to be posted with the court before a defendant can be released and they will be ordered to appear for the next court date.

So, a Judge has to set release conditions and a bond within 24 hours of a defendant being arrested.

So, if you know someone that's charged with a crime and you have questions about a criminal case, please give my office a call. Let's find out if your case is something we can help you with. Call my office at 928-753-6868 or visit my website at

About the Author

Shawn Hamp

President and lead counsel for the Law Offices of Shawn B. Hamp, P.C. (An Arizona Professional Corporation), Shawn Hamp has practiced law for more than 15 years with an emphasis in criminal law. An experienced trial attorney, Mr. Hamp has been lead counsel in hundreds of criminal trials and court...


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