[A.R.S. § 13-3967; Ariz. Const. Article 2, §22; Ariz.R.Crim.P., Rule 7.3]
Release conditions are set by the court to ensure that the person will return to court
while balancing the safeguard of the community. This should be done with the assistance
of an attorney. The Release Questionnaire has been completed and prepared with a Motion
to Modify Conditions of Release which will contain additional factors the Court needs
to know pursuant to A.R.S. §13-3967. The type of release is for the accused takes
into many factors such as: charges involved, family ties, employment, financial
resources, residency, criminal record, failure to appear for court, and is there a victim.
- Own Recognizance (OR):
This is where the judge simply releases you on a promise to
be a law abiding citizen and promise to appear for your court dates. This is usually
available based upon your having ties to the community, that you are not a risk and to see
whether you have failed to appear for past court dates on other matters.
- Third Party Release:
This is where the judge releases you to a third party (usually
a family member) with the promise that they will take responsibility for you and bring
you to court.
- Pre-Trial Services (PTS) Release:
This involves the state's agency monitoring you
to make sure that you behave while you are out of custody and can show up at your house
to check up on you to see if you have engaged in any illegal activities. Sometimes,
the Courts can put conditions on your release such as requiring you to undergo alcohol
and/or drug monitoring and may require "Electronic Monitoring" so as to know your location.
This is a method where the judge sets or has set (Bonding Schedule) a dollar
figure for you or a surety (Bondsman) to post as a guarantee that you will appear at
your next court date. A "Bonding Schedule" is sometimes posted on simpler charges
which lists an amount of money that you can post in order to be released prior to
seeing a judge. This can be done with a surety to a bondsman for approximately 10%
of the bond amount with collateral and then the bondsman will post the entire bond
with the Court.
|ALL INFORMATION IS CONFIDENTIAL