Bond Modifications

With regard to certain felony crimes, no bail will be set at all. However, in general, there is a presumption in favor of bail in the federal and Arizona constitutions and the Rules of Criminal Procedure. Bail should be required only when reasonably necessary, and a Phoenix bond modification lawyer can help you protect your rights. James Novak is an experienced criminal defense attorney who may be able to help you with bond modification in addition to providing you with knowledgeable legal representation to fight your criminal charges.

During your initial appearance before a judge when you are being charged with a crime, the judge will tell you your rights and which charges are being brought against you. The judge will also advise you of any pretrial release conditions. The purpose of the release conditions is to make sure that you do not run away from the law or present a threat to others in the community and to make sure that you will appear in court for trial or other hearings. Among other things, the court will consider the classification and severity of the charges, whether you are a potential flight risk, and more.

In some cases, a defendant can be released pretrial simply by promising to appear, which is known as being released on recognizance. There are other situations in which, if the charges are felony charges or serious misdemeanor charges, or the accused has a prior criminal record, it may be necessary to post bail.

There are different forms of bail, including a bond, which is guaranteed payment of the total amount set for bail, cash for the full amount of bail, waiver of payment on the condition that a defendant appear in court at a specific time, and property worth the total amount of bail. Release conditions should be proportionate to the criminal charge. Under A.R.S. section 13-3972, you are not supposed to be subject to more restraint than what is necessary to answer the charge — the conditions are not supposed to be used as a pre-trial punishment. A bond modification attorney in Phoenix can help you make sure that the conditions are proportionate.

A bail bond represents your promise to appear in court when you are required to do so. You buy the bail bond by paying a nonrefundable premium, which is usually about 10% of the amount of the bond. Sometimes buying the bond is more expensive than other options. When the full amount of bail is paid, it is refunded after the case is complete, and you have made your appearances. However, you do not get the 10% that you paid to get a bond back, and you may have had to provide collateral for the bond.

At the first court appearance, the accused will usually ask for release on their own recognizance, and if that request is denied, they will ask for low bail. People who are released on their own recognizance usually have strong community ties, such as family members in the community, a job, many years living in the community, and no criminal record or only minor prior criminal problems, which make it unlikely that they will try to flee. In some situations, it may be possible to get a decision to deny bond reversed by asking for reconsideration and presenting further evidence. A motion can be filed immediately, while you are still in custody.

If an unreasonable bond is set, you may be able to obtain a modification. An experienced Phoenix bond modification attorney may be able to get bond modified by filing a motion to modify it. The modification requested could include getting the amount reduced, allowing an appearance bail, or helping the defendant get released to the supervision of the probation department, to a responsible third party, or on their recognizance. It could also include getting an ankle bracelet for security that requires you to stay at your home.

Under Arizona Revised Statutes section 3-3961, you are not admitted to bail if the presumption is great that you are guilty of certain crimes, such as sexual assault, capital offenses, sexual conduct with a minor who was under 15, molestation of a child who was under 15, or a serious felony offense if there is probable cause to suggest that you came into or stayed in the United States illegally. However, each case is unique, and you should retain a lawyer both to request a modification if you need it and to defend against the charges.

If you hope to obtain a bond modification, you should retain a tenacious attorney who can pursue an option that is suited to your needs. Contact James Novak at (480) 413-1499 or use our online form to set up your appointment. He represents defendants who need a misdemeanor or felony lawyer throughout the Phoenix area, including in Tempe, Mesa, Chandler, Gilbert, Scottsdale, and other cities in Maricopa County.