DUIs are charged as crimes and taken seriously in Arizona, and can carry significant penalties. Once you’re arrested and in jail for a DUI, you and your family may be worried about how you’ll get out of jail. Often it’s necessary to pay money in the form of a bond to secure your release. No bail will be set for certain felony crimes. James Novak is a knowledgeable Phoenix DUI attorney who may be able to help you obtain bond if you are being held after a drunk driving arrest.
The government’s main concern related to bail is that after you’re released, you will still come to court later on when called to do so in connection with the DUI charges. There are situations in which you may be released on your own recognizance. This means you’re released based on the judge’s assessment that you will appear before the judge or in court at later required times. However, you will need to secure bail when the court needs a financial guarantee that you’ll come to the rest of your court appearances.
Bond is one type of bail. Obtaining bond is a procedure in which you pay a particular sum of money to get released from police custody after you’ve been booked. You promise to come to court for all of your future hearing dates. Generally, in the course of a criminal case that proceeds to trial, appearances will include arraignment, a preliminary hearing, pretrial motions, and trial. Bond is significant partly because if you don’t come to some of these appearances or any of the other scheduled appearances, you can face immediate arrest, and the money that has been paid on your behalf will be given up.
The bond is comprised of guaranteed payment of the full bail amount, cash for the full bail amount, payment waiver conditioned upon the defendant appearing in court at a particular time, or property valued at the total bail amount. Usually release conditions are set, and under Arizona Revised Statutes section 13-3972, these conditions are supposed to be proportionate to the charges at issue, not punitive.
When you first come before a judge to be charged, the judge will let you know your rights and what charges you’ll face. You’ll also be told about any pretrial release conditions. The purpose of those conditions is to ensure you don’t flee or endanger others in your community while not in jail.
In most cases, a DUI is a misdemeanor, which means it’s likely you can get bail or bond. However, in the event of multiple offenses or felony charges related to injuries or deaths caused by the DUI, the judge may take a different view to make sure that you will appear in court for trial or other hearings. There are a number of factors to be considered by the court when setting bail or bond, including how severe the DUI charges are (i.e., whether there are multiple past offenses, or related charges for vehicular homicide or aggravated assault), whether it’s possible you would flee due to a lack of connections in the community, and other relevant factors.
You can buy a bail bond by paying a nonrefundable initial amount. Usually that amount corresponds to 10% of the bond amount. Bail bonds can be more expensive than other forms of bail. Once the case is finished and all appearances are made, the bond is refunded, but you won’t get the initial premium returned.
When bond is not proportionate and is unreasonable, it may be possible to move the court to modify it, and a seasoned criminal defense lawyer can help. Sometimes modification involves a reduction in the amount to be paid, but it can also involve other conditions such as the defendant wearing a security ankle bracelet.
Being arrested for a DUI is a stressful experience. If you are facing DUI charges and have concerns about obtaining bond, skillful criminal defense lawyer and former prosecutor James E. Novak represents clients charged with misdemeanors and felonies in Maricopa County, including in Mesa, Scottsdale, Gilbert, and Chandler, and throughout the Phoenix area. Contact him at (480) 413-1499 or via our online form.