Can Someone With a Felony Get Out on Bail?
R&R Law Attorney, Ryan Cummings, answers questions on bail in Arizona.
What Is Bail?
If you’ve been arrested for a criminal offense, your first court appearance—known as the initial appearance—typically happens within 24 hours. During this hearing, a judge determines your release conditions, including whether bail will be set and how much.
Under Arizona law, most people are entitled to bail, although there are exceptions for certain serious offenses. That means in most cases, you’ll have an opportunity to get out of custody while your case is pending.
Let’s walk through the four main types of bail in Arizona, from least to most restrictive:
1. Own Recognizance (OR) Release
This is the least restrictive form of release. If you’re granted an OR release, you don’t have to pay anything upfront. You’re released based on your promise to return to court when required. No cash, no collateral—just your word.
2. Unsecured Appearance Bond
Although this option is less common nowadays, it’s still worth understanding. An unsecured bond means you’re promising to pay a certain amount only if you fail to appear in court.
Example: If the judge sets a $10,000 unsecured bond and you skip court, you’ll owe that $10,000. This type of bond doesn’t require any upfront payment—it’s essentially a financial guarantee tied to your court appearances.
3. Secured Appearance Bond (Bail Bondsman Involved)
This is the most familiar type of bail for many people. A secured appearance bond means you must post a certain amount of money or collateral to be released.
If you can’t afford the full amount, you can work with a bail bondsman, who typically charges 10% of the total bond amount and requires collateral for the remainder. For example, on a $10,000 bond, you’d pay $1,000 to the bondsman and provide some form of collateral.
Important: If you miss court, the bail bondsman is responsible for the full amount—and they will likely revoke your bond and put you back into custody.
4. Cash-Only Appearance Bond
This is the most restrictive type of bail. If a judge sets a $10,000 cash-only bond, you must pay the full $10,000 in cash, money order, or cashier’s check to secure your release. While a bail bondsman may sometimes assist, most often, a friend or family member will have to go directly to the jail and post the full amount.
What Happens to Your Bail Money?
Once your case is resolved—whether through dismissal, plea, or trial—you may be eligible to get your bail money back, depending on the type of bond.
● With cash bonds, the full amount is typically refunded at the end of the case (minus any court fees or fines).
● With bail bonds, the 10% fee paid to the bondsman is non-refundable, but your collateral may be returned if all court appearances are met.
Contact Us Today
If you’ve been have questions about bail, don’t wait to seek legal advice. At R&R Law Group, we offer free case evaluations to help you understand your legal rights and options, schedule now or give us a call at (602) 497-3088.
