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  Release Conditions - Arizona Legal Process  

[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.

 

  1. 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.
  2. 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.
  3. 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.
  4. Bond:
    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.

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3116 South Mill Avenue, Suite 452  •  Tempe, AZ 85282
Ph (602) 476-9669  •  Fax (480) 284-8945

Release Conditions - Case Stages AZ Legal Process