What to Know About Bail in Arizona: Repeat Offender & Bail Bond Work
When someone is arrested in Arizona, one of the first concerns is whether they can be released on bail while awaiting trial. Bail is a critical part of the Arizona criminal justice system, balancing a defendant’s right to freedom with the court’s responsibility to ensure the defendant appears for future hearings.
For repeat offenders, however, the bail process in Arizona becomes far more complicated. Prior criminal history, the severity of the offense, and public safety considerations can all influence whether bail is granted and how high the bail amount will be set.
This article discusses the following:
- Understanding the Purpose of Bail in Arizona
- The Bail Process in Arizona: From Arrest to Release
- Factors That Influence Bail Decisions
- How Repeat Offender Status Affects Bail Eligibility
- The Different Types of Bail and Bonds
- Bail Bond Companies and How They Work in Arizona
- When Bail May Be Denied or Set Higher Than Normal
- Real-World Examples of Bail in Arizona Cases
- Common Questions About Bail and Bond
- Important Things to Remember About Bail in Arizona
- Penalties and Bail Considerations Table
- How Kolsrud Law Offices Can Help
This article explains how bail works in Arizona, what repeat offenders can expect at a bail hearing, and how bail bondsmen and bail bond companies operate. It also outlines when hiring an experienced criminal defense attorney—such as Josh Kolsrud from Kolsrud Law Offices—can make the difference between waiting in jail or being released while awaiting trial.
Understanding the Purpose of Bail in Arizona
Under Arizona law, bail is not meant to punish the accused—it’s designed to ensure that the defendant returns for all required court appearances. The court sets bail based on the seriousness of the charges, a person’s criminal record, and whether they pose a flight risk or a danger to the community.
The purpose of bail is to balance public safety with fairness. It allows a defendant to remain free while awaiting trial, continue working, and meet family obligations. At the same time, it ensures accountability by requiring financial or contractual assurances that the person will appear in court.
For instance, under A.R.S. § 13-3967, Arizona courts must consider:
- The nature and circumstances of the offense charged
- The weight of the evidence against the defendant
- The defendant’s family ties, employment, and community standing
- Any previous failures to appear in court
In cases involving repeat offenses or serious felonies, judges often impose higher bail amounts or even deny bail altogether if they believe the defendant poses a continuing danger to the public.
The Bail Process in Arizona: From Arrest to Release
When someone is arrested for a crime in Arizona, they are booked into jail, and a judge reviews their case—often within 24 hours—to determine whether they are eligible for bail. This is known as the bail hearing.
During this hearing, the judge sets bail or decides to hold the defendant without bail under certain conditions outlined in A.R.S. § 13-3961. If bail is granted, the court specifies the bail amount and any conditions, such as travel restrictions or no-contact orders.
The bail process in Arizona typically follows these steps:
- Arrest and booking into jail.
- Initial appearance before a judge.
- The judge sets the bail amount or denies bail.
- The defendant or a bondsman posts bail.
- The defendant is released from custody while awaiting trial.
If a defendant cannot afford to pay the full bail amount, they can work with a bail bond company to post a surety bond, usually paying 10% of the total bail.
Factors That Influence Bail Decisions
Bail decisions in Arizona depend on several important considerations. Judges do not set bail arbitrarily—they review the severity of the crime, the defendant’s past behavior, and any threats to public safety.
Key factors that influence bail include:
- Severity of the charges: Violent crimes or those involving weapons typically result in higher bail.
- Criminal record: A history of convictions, especially for repeat felonies, often leads to higher bail or denial of release.
- Flight risk: If the defendant is believed to have means or motive to leave the state, the court may require cash bail or other assurances.
- Failure to appear: Prior missed court dates can convince a judge that the person will not appear in court again.
- Danger to the community: If the offense involved a violent crime, the court can deny bail entirely.
Arizona governs these decisions through Revised Statutes Title 13, Chapter 39, which outlines the procedures for determining bail and setting conditions of release.
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How Repeat Offender Status Affects Bail Eligibility
Being labeled a repeat offender in Arizona can make the bail system significantly more difficult, often leading the court to set a higher bail amount. Courts treat defendants with prior convictions differently, particularly when those convictions involve violence, weapons, or sexual offenses.
Under A.R.S. § 13-3961(A), defendants charged with certain serious felonies—such as first-degree murder, sexual assault, or crimes involving a deadly weapon—may be denied bail entirely. For others, prior convictions can result in a high bail amount or strict release conditions.
A repeat felony record signals to the court that the person poses a higher risk of reoffending. Even if bail is granted, the judge may require:
- Cash bail instead of bond
- Electronic monitoring or regular check-ins
- Restrictions on travel or contact with specific individuals
For example, a defendant with a prior aggravated assault conviction who is charged again with a similar offense may have their bail set at $250,000 or more. Meanwhile, a first-time offender facing the same charge might have bail set at $25,000 or be released on their own recognizance.
The key takeaway: Repeat offenders face stricter scrutiny, and their bail is often used as a safeguard for community safety as much as for ensuring court appearances.
The Different Types of Bail and Bonds
Arizona courts recognize several types of bail, depending on the case and the defendant’s financial situation.
- Cash Bail – The full bail amount is paid directly to the court. If the defendant appears at all required hearings, the money is refunded.
- Surety Bonds – A bail bond company posts bail on behalf of the defendant, typically charging a non-refundable 10% fee.
- Property Bonds – Real estate or other property may be used as collateral to secure bail.
- Release on Recognizance (ROR) – The defendant is released without bail on the condition that they appear in court.
- Unsecured Bond – No upfront payment, but the defendant must pay if they fail to appear.
Each option carries different risks and obligations. For many defendants, especially those facing repeat offenses, working with a licensed bail bondsman can be the fastest way to get bail and return home.
Bail Bond Companies and How They Work in Arizona
A bail bond company acts as a financial guarantor, assuring the court that the defendant will appear for their court date. If the defendant fails to appear, the bondsman is responsible for paying the total bail amount.
Bail bondsmen in Arizona are licensed and regulated by the state’s Department of Insurance and Financial Institutions. When hiring a bondsman, defendants usually pay a non-refundable fee—often around 10% of the bail.
For example, if bail is set at $100,000, the defendant would pay $10,000 to the bail bond agent, who then posts the full amount with the court.
If the defendant fails to appear, the bondsman may send recovery agents (commonly called bounty hunters) to locate and return the person to custody.
Bond companies can provide vital assistance to defendants who lack the resources to pay the full bail amount, but they also expect strict compliance with all release conditions.
When Bail May Be Denied or Set Higher Than Normal
Arizona judges have discretion to deny bail or set a high bail amount under A.R.S. § 13-3961 when:
- The offense is punishable by life imprisonment or death.
- The person is considered a danger to the community.
- The defendant committed a felony while already on bail or probation, complicating their secure release.
In addition, under A.R.S. § 13-3967, repeat offenders or defendants with prior failures to appear often face higher bail amounts or stricter release conditions.
This safeguard protects public safety, but it can also keep defendants charged with a crime behind bars while awaiting trial, sometimes for months. That’s why having an experienced criminal defense lawyer argue for reasonable bail is crucial.
Real-World Examples of Bail in Arizona Cases
Example 1:
A 28-year-old Phoenix man charged with drug trafficking had a prior felony record. Because this was a repeat offense, the judge set bail at $150,000. With help from a bail bond company, the man’s family paid 10% and secured his release from jail pending trial.
Example 2:
A woman accused of aggravated assault with a deadly weapon had two prior violent convictions. Under A.R.S. § 13-3961, she was denied bail as she was considered a continuing threat to public safety.
These examples show how prior convictions and the severity of the offense strongly affect whether bail is granted and the amount set.
Common Questions About Bail and Bond
What’s the difference between bail and a bail bond?
Bail is the amount of money set by the court to guarantee appearance. A bail bond is a financial guarantee provided by a bail bondsman when the defendant cannot pay the full amount of bail.
Can bail be reduced in Arizona?
Yes. A criminal defense attorney can request a bail reduction hearing, arguing that the bail is excessive or that the defendant is not a flight risk.
What happens if the defendant fails to appear in court?
If a defendant fails to appear, a warrant is issued, and the bail is forfeited. The bondsman may also take action to return the defendant to custody.
Can someone be released without bail?
Yes. Some non-violent offenders may be released on their own recognizance, depending on their criminal history and community ties.
Does federal bail work differently?
Yes, the federal bail process is governed by separate statutes and usually involves stricter pretrial supervision
What happens to bail money after trial?
If the defendant appears at all hearings, the bail money is refunded, minus any court fees.
Important Things to Remember
- Judges consider public safety, criminal record, and flight risk when setting bail.
- Repeat offenders are often subject to higher bail or denied release.
- Working with a bail bond company can help you secure your release more quickly.
- Missing a court appearance can result in a warrant and the forfeiture of bail.
- A criminal defense attorney can advocate for fair bail and help reduce the amount.
Penalties and Bail Considerations Table
| Type of Offense | Bail Eligibility | Relevant Statute | Notes |
| First-time non-violent felony | Usually granted | ARS §13-3967 | Judge sets bail based on ties, employment, and risk level. |
| Repeat felony offense | May be limited or denied | ARS §13-3961 | Higher bail amounts due to prior record or danger to community. |
| Violent crime (e.g., murder, sexual assault) | Often denied | ARS §13-3961(A) | No bail if evidence is strong and offense is serious. |
| Failure to appear in prior cases | High bail or denied | ARS §13-3967 | Judges consider flight risk and prior noncompliance. |
| Federal offense under investigation | Case-specific | 18 U.S.C. §3142 | May involve pretrial supervision or detention hearing. |
How Kolsrud Law Offices Can Help
The bail process in Arizona can feel overwhelming—especially for those facing repeat offenses or serious felony charges. Attorney Josh Kolsrud, founder of Kolsrud Law Offices, brings over 15 years of experience and has handled more than 3,500 criminal cases, including high-level state and federal prosecutions.
As a former Assistant U.S. Attorney and Arizona prosecutor, Josh understands how prosecutors argue bail and detention cases—and how to counter those arguments effectively. He can advocate for fair bail conditions, challenge excessive bail, and help clients regain their freedom while awaiting trial.
Kolsrud Law Offices offers free consultations and handles cases across Maricopa County and all of Arizona. Whether you need help securing bail, reducing your bail amount, or defending against new charges, you can trust their experience to protect your rights.
Call (602) 691-4427 or visit https://kolsrudlawoffices.com to schedule your free consultation today.
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Experience
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Expertise
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
Dedication
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort
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