Criminal defendants are often held in custody, in jail, while their cases are pending. But they’re innocent until proven guilty. So, why are they in jail? The basis of the pre-judgment incarceration is whether or not the person will appear for their court hearings if they are out of custody.
Rule 7.2(a) of the Arizona Rules of Criminal Procedure mandates as follows:
“Any person charged with an offense bailable as a matter of right shall be released pending or during trial on the person’s own recognizance, unless the court determines, in its discretion, that such a release will not reasonably assure the person’s appearance as required. If such a determination is made, the court may impose the least onerous condition or conditions contained in Rule 7.3 (b) which will reasonably assure the person’s appearance.”
Rule 7.4(b) provides that any person remaining in custody may move for a review of release conditions whenever the case is transferred to a different court or where the motion alleges the existence material facts not previously presented to the Court. And the Arizona Constitution speaks to the issue of bail as well.
Specifically, the Arizona Constitution prohibits excessive bail, mandating simply but effectively as follows:
“Excessive bail shall not be required[.]”
Art. 2, Sec. 15, Ariz.Const.
The Arizona Constitution further requires that
“[a]ll persons charged with crime shall be bailable by sufficient sureties,”
except for certain enumerated crimes not relevant to this case. Art. 2, Sec. 22(A), Ariz.Const. Ultimately there are many factors a Court must consider in determining bail and release conditions.
See Arizona Revised Statutes § 13-3967(B). To get a bond reduced, or to get out of jail, a good lawyer will use all of the favorable laws and tools provided by the Arizona Rules of Criminal Procedure.
For a free consultation on bail, bonds, or other criminal matters, call today or use the form at the top of the page.