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))."