Will I Be Eligible for Pretrial Release or Bail Before My Trial in Arizona?

People charged with a crime in Phoenix are not automatically entitled to pretrial release.

Arizona law allows many individuals to be released while their case moves forward, but some charges limit release options entirely. Others may qualify only after the court evaluates risk factors, the nature of the allegations, and a person’s history with past court appearances.

Not Everyone Qualifies for Pretrial Release in Arizona

At the initial appearance, the judge decides whether someone may be released and, if so, under what conditions. Arizona courts apply constitutional restrictions and statutory rules from ARS 13-3967 when determining eligibility. Two thresholds guide the court’s analysis:

1. Is the person legally eligible for release under the Arizona Constitution?
2. If eligible, what conditions, if any, can reasonably manage flight risk or community-safety concerns?

Statutory rules do not guarantee release and do not apply uniformly across all charges.

Some charges make someone ineligible for any form of release. Others leave the judge with multiple options ranging from Release on Recognizance to supervised release or secured bonds.

What Do Arizona Judges Consider When Deciding on Release Conditions?

• Indicators of flight risk
• Potential concerns regarding community safety
• Prior warrants or missed court dates
• The seriousness of the allegations
• The limited information available at the early stage of the case

Initial appearances often happen so quickly that it can be difficult or even impossible to give the judge a full picture of the situation. Prosecutors and defense attorneys present what they can at this stage, but the court must make a decision based on the record available at the moment.

Charges That May Make Someone Ineligible for Release

Arizona Constitution Article II § 22 outlines several categories of offenses where release may not be permitted. These include:

• Certain serious sexual offenses
• Violent felonies involving significant injury
• Capital offenses
• The prosecutor presents clear and convincing evidence that the person charged is a danger to the community and no conditions of release could reasonably ensure the safety of others

People facing charges that make them ineligible for release, such as capital murder or sexual assault charges, may wonder why they would even need a criminal defense lawyer at the initial appearance. Even in these cases, an attorney can still:

• Ensure the charge classification is correct
• Make sure the State’s “probable cause” basis is properly stated
• Prevent errors in the paperwork or allegations that could affect the rest of the case
• Set a record early that becomes relevant for later motions, case negotiations, or challenges to dangerousness findings

These cases become no-bond only if the prosecutor meets their burden and the judge makes specific findings. Defense counsel can challenge whether the State has shown “clear and convincing evidence” of substantial danger, the classification fits the constitutional category, or the alleged facts support the State’s position.

In Phoenix, detention hearings involving these categories often move quickly, which can make early representation important for presenting favorable information during the initial appearance.

Charges That Commonly Remain Eligible for Pretrial Release or Bail

Many misdemeanor cases and lower-level felonies remain eligible for release unless the court identifies specific risks. Individuals charged with more serious felonies also frequently fall into the “eligible” category, but the judge may order conditions beyond simple Release on Recognizance.

Factors that may support eligibility include:

• Long-standing ties to Phoenix
• Minimal or no history of failing to appear
• Stable employment or family relationships
• A demonstrated ability to comply with supervision when required

Even when eligibility exists, the court may still order supervision, set a bond amount, or impose other restrictions tailored to a person’s circumstances. Eligibility only means the court may consider release, it does not direct the judge toward a specific result.

Release on Recognizance (ROR)

Release on Recognizance means the person is released without having to post money, but they must follow all court-ordered conditions. These can include:

• Appearing at every court date
• Staying in contact with pretrial services
• Avoiding new legal violations
• Complying with restrictions the judge adds based on the case

ROR may be considered when the court sees manageable risk and a history that suggests the person will return to court, but it is not guaranteed in any category of case.

Secured Release With Cash Bonds and Surety Bonds

When judges believe additional assurances are necessary, they may set a secured bond. Arizona courts use two structures:

• Cash bond: The full amount is deposited with the court.
• Surety bond: A bond company posts the amount on the person’s behalf, usually for a nonrefundable fee.

Bond amounts vary significantly across Phoenix courts. Judges consider the seriousness of the allegations, financial resources, existing responsibilities, and prior history to determine the amount.

Supervised Release Options in Arizona Courts

Supervised release creates a middle ground between ROR and detention. In Maricopa County, supervised release may include:

• Electronic monitoring (usually reserved for higher-risk cases)
• Regular check-ins with pretrial services
• Restrictions on travel
• Third-party supervision or curfew requirements (used less frequently than standard Pretrial Services check-ins)
• Drug or alcohol testing, when relevant to the case

Courts often use supervised release when they want more structure without requiring someone to remain in jail.

When the Court Orders Someone to Stay in Jail

A judge may order detention when they conclude that no set of conditions can reasonably manage the risks of pretrial release. This may occur when:

• The allegations fall under a constitutional no-bond category
• A person has multiple prior failures to appear
• The court finds substantial concerns about community safety
• The judge lacks sufficient information to safely order release

Detention decisions are not always final. New information, changed circumstances, or additional documentation may support a later request for review.

Requesting a Review or Modification of Release Conditions

Criminal defense attorneys can file a motion to modify release conditions after the initial appearance. Requests often involve:

• Seeking a bond reduction
• Asking the court to consider supervised release instead of detention
• Requesting clearer or less restrictive conditions
• Presenting new information that was not available earlier

These hearings allow the court to re-evaluate decisions as the case develops.

How a Criminal Defense Attorney Helps With Pretrial Release in Phoenix

An experienced criminal defense lawyer can prepare information that may influence release decisions, challenge detention requests, and explain the obligations tied to release orders to their clients.

Contacting an attorney as soon as possible can put you in a stronger position during your initial appearance, since it gives them more time to compile accurate and complete information about personal ties, history, and your ability to comply with conditions.

A lawyer may still be able to help after the hearing, especially if new details make a motion to modify release more likely to succeed.

If you or a family member in Phoenix are facing criminal charges and need guidance on the pretrial release process, contact Arizona Board-Certified Criminal Defense Attorney Michael Alarid III at (602) 818-3110 to discuss your situation.