Vernon E. Peltz
Attorney at Law

BAIL


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Aizona Revised Statutes Title 28
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Warrants in Arizona
Vernon E. Peltz
PMB 351 7925A North Oracle
Tucson, Arizona 86704-6316
(520) 623-5225
Email: Vernon@vpeltzlaw.com


Bail is Usually available for non-capital offenses (Ariz.R.Crim.P. 7.2. a.).

Pursuant to A.R.S. 13-3967. C. when determining release conditions the judicial officer shall factor the type and circumstances of the offense, the weight of the evidence, family ties, employment, financial resources, character and mental condition, drug test results, if the accused was using or had any illegal substance in the accused possession when arrested, length of residence in the community, prior arrest and or conviction record and prior failures to appear.

Bail must be least onerous possible (Ariz.R.Crim.P. 7.2. a.).

Excessive bail violates the Eighth Amendment, Stack v. Boyle, 342 U.S. 1, (1951).

Low bail if significant ties to jurisdiction, State v. Marlin, 5 Ariz. App. 524 (1967).

Can make a motion to lower bail (Ariz.R.Crim.P. 7.4. b.).

If commit crime while on release can be bailed out (Ariz. Con. Art. 2. Sec. 22. 2.).

Property as Sufficient Surety

Ariz. Con. Art. 2 Sec. 22 establishes that typically "[a]ll... charged... shall be bailable by sufficient sureties." "[S]urety encompasses... broad... forms of security to satisfy the monetary bail amount deemed necessary... to assure appearance. [I]t is improper to interpret the... Bail Clause as allowing the court to limit an accused to cash only bail (State v. Brooks, 604 N.W.2d 345, Versuslaw paragraph 59 (Minn. 2000))."