DuMond Disclosure Volume 2 | By: Samantha DuMond, Esq. | April 20, 2016
Your loved one has just been arrested for an alleged crime or has been in custody unable to be released. What just happened? What is going to happen?
Your loved one was just arrested – Now what?
In Maricopa County, when an individual is arrested for an alleged crime, they must be seen in front of a judge within 24 hours of the arrest for a hearing called their “Initial Appearance.” This hearing is the first step in the criminal procedure process. Four important things are done at this hearing:
- Your loved one is informed of the charges.
- They are advised of their right to an attorney. If the Court finds they cannot afford an attorney, a public defender will be appointed to them.
- Their conditions of release are established.
- Another court date is set for the next proceeding.
Initial Appearance Court – Commonly referred to as “IA Court” is held at 4th Avenue Jail, located at 201 S 4th Ave, Phoenix, AZ 85003, every day including weekends and holidays for Maricopa County Charges and City of Phoenix Charges.
Maricopa County: IA Court times are held every 3 Hours (2am, 5am, 8am, 11am, 2pm, 5pm, 8pm, and 11pm).
City of Phoenix: Initial Appearance Court is held daily at 10am and 4pm.
There are television monitors located at the 4th Avenue Jail where family members can watch the Initial Appearance Court and see when their loved one is in front of the judge receiving their release conditions.
The following cities hold their own Initial Appearance for charges out of other city courts: Avondale, Chandler, Gilbert, Glendale, Mesa, Scottsdale, and Tempe.
It can take from two to fifteen hours from the time of arrest, depending on the arresting agency, to complete their own processing, transporting, and booking into 4th Avenue Jail.
Release conditions – When will my loved one get out of jail?
The purpose of setting release conditions is to ensure that an individual will show up for their future court dates. The judge considers many factors when setting release conditions including but not limited to:
- Nature and seriousness of the charges;
- Family and employment ties;
- Financial resources;
- Victim involvement;
- Flight risk;
- Safety of the community
- Other factors particular to the circumstances
There are four types of release conditions the judge can order:
1) Release on Own Recognizance (ROR) – Meaning your loved one is released to simply return for their next scheduled court date without any other conditions. In this instance, you do not have to do anything. The jail will begin processing your loved one to be released.
2) Release to a Third Party – Meaning your loved one will be released to someone else, usually a family member or competent adult, who will be responsible for making sure they return for their next court appearance. (This is most often seen with young adults who are released to the custody of their parents)
3) Release to Pre-trial Services – Pre-trial Service Programs are county, state, government, or nonprofit agencies that help the court make bail decisions. They provide risk assessments and recommendations to the court. In some cases, supervised release of the defendant to the program, for those who would otherwise have not been eligible for release or able to make bond. They work closely with the court and the defendant to assure the defendant does not pose a threat to the community, and will appear for their next court date. Pre-trial services can also include drug and alcohol monitoring and or electronic monitoring as conditions of release.
For the above listed three types of release, you do not have to do anything. The jail will begin processing your loved one to be released without any action on your part.
4) Release on Bond – A bond is essentially collateral that is given to the court to ensure that a person returns for his/her future court dates. If you have the entire bond amount in cash, then you can post your loved one’s bond directly with the court. The court will hold the money throughout the duration of your loved one’s case. If the person out on bond does not violate their release conditions, and does not fail to show up to future court dates, then 100% of your cash money will be returned back to you once the case is over.
However, the courts only accept cash. If you do not have that kind of cash available, then you may need the assistance of a bond company to bail your loved one out. Bonding companies or bail bondsman will typically allow you to give them non-cash collateral (car titles, houses, jewelry, and other valuable items) that cover or equal the value of the bond plus a small percentage of cash (usually 10% of the bond). In return, the bond company posts the entire bond to the court so that your loved one can be released. The difference between posting directly with the court and posting with a bond company is that your money will all be returned to you by the court if everything goes right, but a bonding company keeps the 10% cash you give them as profit for their services.
*Judges can also impose multiple release types; they do not have to choose just one. For example, a judge can set a bond and also require that a person report to Pre-trial Services.
The bond amount was set at an amount you cannot pay or your loved one is being held non-bondable – What should you do?
If you cannot afford the bond or your loved one is being held non-bondable then you will want a defense attorney to file a Motion to Modify Release Conditions or a request for a Simpson Hearing. In these motions, the defense attorney is requesting that the Court re-examine the facts surrounding the case and give reasons why a bond should be issued or reduced. An oral argument or a hearing will take place for the judge to hear from the prosecutor and the defense attorney before making a decision.
The attorneys at DuMond Law, PLLC have had great results in securing bond reductions and in obtaining bonds for defendants being held non-bondable. In some instances, the bonds have been reduced by 50-90%. Here are a few of our recent victories in this area:
- CR2015-002585-001 State v. Bean et al. Release conditions set for a $100,000 Bond. DuMond Law, PLLC was successful in obtaining a bond reduction to $10,000.
- CR2015-123000-001 State v. Thomas. Release conditions set for a $7,500 Bond. DuMond Law, PLLC was successful in obtaining a bond reduction to $2,500.
- CR2014-130862-001 State v. Cota. Our Client was initially held non-bondable and sat in custody for eleven months before hiring DuMond Law. Within three weeks of retaining our firm, a hearing was requested, held, the State failed to meet their burden, and Mr. Cota’s released conditions were changed to an $18,000 Secured Appearance Bond.
You or your loved one has received a summons in the mail – Now what?
A Summons with the date and time of the initial appearance is sent to individuals not in custody. The individual is required to appear at the date, time, and location located on the summons. The Initial Appearance Judge will follow all of the same procedural requirements for this hearing as an individual in custody.
Having an attorney represent you at this hearing is highly recommended, as your release conditions will be set. If a bond is ordered, you will be taken into custody until the bond is posted. Defense attorneys can argue for you to be released on your own recognizance or to pre-trial services instead of a bond at this hearing.
The attorneys at DuMond Law will work with the prosecutor before the hearing to determine a recommendation to the Court for release conditions. All cases are different and each case depends on its own individual facts, but in many cases, we have been successful in working out release conditions to allow defendants to be released on their own recognizance or released to Pre-Trial Services. These results, if obtained, will avoid your loved one from being taken into custody at their Initial Appearance Hearing and help you avoid the stress, burden, and worries that are associated with finding the money to get them bonded out.
If you have received a summons in the mail or a loved one has just been arrested, contact the attorneys at DuMond Law today (602-803-4975) for a free consultation.
 Simpson v. Owens, 207 Ariz. 261 (Ct. App. 2004).