Address:
100 Colonia de Salud
Suite 201
Sierra Vista, AZ 85635
Phone:
520-803-3000
Bail is the temporary release of an accused person awaiting trial on condition that a sum of cash money be lodged to guarantee their appearance in Cochise County Court in Sierra Vista, Arizona.
Once the defendant is booked and filed for arrest, a custody and bail hearing will be scheduled, usually within 48 hours.
At the hearing the judge may issue a bail or bond amount. This bail or bond is a refundable sum of cash money paid to the court to provide incentive for the defendant to attend all scheduled court hearings.
Discuss Bail bonds with the Juvenile's Probation Officer.
Does Cochise County have bail?
What kind of bonds are accepted in Cochise County?
Who can set bail in Cochise County?
When is bail set in Cochise County Arizona?
Can I get the bail or bond reduced in Cochise County?
In Cochise County, who can pay bail for me?
Can bail be paid online in Cochise County?
What options are there to pay bail in Cochise County?
Yes, Arizona is a bail state and Cochise County allows bail; however, Arizona is among a growing number of states who releases a defendant under bail conditions rather than impose a dollar amount that cannot be met.
If the defendant is believed to be a flight risk or should not be trusted to return to court, yet has not been denied bail, a bail determination will be held in Superior Court.
Arizona recognizes most types of bonds. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
Bail is set within 24 hours of arrest by a magistrate judge at their initial appearance at which time the judge will determine either ROR, release on bail and/or conditions or deny bail. If bail is denied, there can be another bail consideration at Superior Court.
A defendant is taken to a magistrate judge at the initial appearance and bail is set within 24 hours from the time of arrest in Arizona.
The defendant’s attorney can ask for bail reduction at any time during the initial processing and hearings. There should be a good reason for the request for the judge to consider reducing the bond.
The courts require that the person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court in order to get their money back. In Arizona, a surety is not responsible for court fees. A professional bondsperson who is approved by the State of Arizona can pay bail, although it could be costly. Your attorney is not permitted to post bail.
Go here to search for bail bond agents in Arizona.
Yes, Arizona counties allow online bail payment. It is important that you pay the Cochise County Clerk of Superior Court and not pay a scammer.
Find out more about bail payment methods in Maricopa County at the Clerk of Superior Court site.
Cash, money order, e-check, cashier’s check or credit card are accepted. The Clerk of Court can accept bail payments and, in some cases, at the Cochise County Juvenile Detention Center by way of a Touch Pay (or similar) kiosk.
Bail is what the arrested in Cochise County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Cochise County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Cochise County Juvenile Detention Center until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
Bail and bond are used interchangeably to mean the same thing but technically, they are different.
The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions.
Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, Cochise County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid. Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid. Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value.
A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).
Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.
There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond.
You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The bank charges fees, interest and could keep your property if you did not pay the loan back, or even on time.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Yes, Arizona is a bail state and Cochise County allows bail; however, Arizona is among a growing number of states who releases a defendant under bail conditions rather than impose a dollar amount that cannot be met.
If the defendant is believed to be a flight risk or should not be trusted to return to court, yet has not been denied bail, a bail determination will be held in Superior Court.
Arizona recognizes most types of bonds. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
Bail is set within 24 hours of arrest by a magistrate judge at their initial appearance at which time the judge will determine either ROR, release on bail and/or conditions or deny bail. If bail is denied, there can be another bail consideration at Superior Court.
A defendant is taken to a magistrate judge at the initial appearance and bail is set within 24 hours from the time of arrest in Arizona.
The defendant’s attorney can ask for bail reduction at any time during the initial processing and hearings. There should be a good reason for the request for the judge to consider reducing the bond.
The courts require that the person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court in order to get their money back. In Arizona, a surety is not responsible for court fees. A professional bondsperson who is approved by the State of Arizona can pay bail, although it could be costly. Your attorney is not permitted to post bail.
Yes, Arizona counties allow online bail payment. It is important that you pay the Cochise County Clerk of Superior Court and not pay a scammer.
Find out more about bail payment methods in Maricopa County at the Clerk of Superior Court site.
Cash, money order, e-check, cashier’s check or credit card are accepted. The Clerk of Court can accept bail payments and, in some cases, at the Cochise County Juvenile Detention Center by way of a Touch Pay (or similar) kiosk.
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount.
If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
The Cochise County Juvenile Detention Center or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.
The percentage of bail that the bond company can charge is set, usually at 10%, by the state and cannot be negotiated.