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How Bail Works

A bail bond is a document which assures the court that a person charged with an offense, and who typically is in jail, will, if released, appear for future court dates. Bail Bonds are issued by licensed bail agents who specialize in their underwriting and issuance. Bail agents act as the appointed representatives of a licensed surety insurance company.

The bond process involves a contractual undertaking guaranteed by a bail agent and the individual posting bail. The bail agent guarantees to the court that the defendant will be in court each and every time the judge requires it. For this service, the defendant is charged a percentage of the bail amount.

Before being released, the defendant, relative or friend of the defendant typically contacts a bail agent to arrange for the posting of bail. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. For this reason bail bonds usually require some type of collateral that may include an automobile, real estate, stocks, jewelry, credit cards, cash or anything of value equal to the bond amount. Any collateral used will be returned after the defendant has appeared at all the required court dates and the court exonerates the bond.

What is considered by the Court in fixing the amount of the bail?

The amount of the bail is first and foremost within the scope and discretion of the judge or magistrate, with only two general limitations: First: The purpose of bail is not to penalize or punish the defendant, but only to secure the appearance of the accused, and it should be set with that in mind. Second: Excessive bail, not warranted by the circumstances or the evidence at hand. Is not only improper but a violation of constitutional rights. In fixing the amount of the bail, the court takes into consideration the seriousness of the charge, the defendant's previous criminal record, and the probability of the defendant appearing at the trial or hearing. Additionally, if public safety is an issue, the court may make an inquiry where it may consider allegations of injury to the victim, danger to the public and/or to the defendant him/her self, threats to the victim or a witness, the use of a deadly weapon, and the defendant's use or possession of controlled substances. A judge or magistrate setting bail in other than a scheduled or usual amount must state on the record the reasons and address the issue of threats made against a victim or a witness. The court must also consider evidence offered by the detained person regarding ties to the community and ability to post bond. The bail amount set by the court must be within the minimum range amount of bail that would reasonably assure the defendant's appearance. NOT the Maximum!

Please call us anytime for more information on how the bail process works.

John Otto Bail Bonds:

Flagstaff office / Coconino County Jail
928-779-6380

Camp Verde office / Yavapai County Jail
928-567-5657

Prescott office / Yavapai County Jail
928-776-0696

Holbrook office / Navajo County Jail
928-779-6380

St. John office / Apache County Jail
928-779-6380