Bail After An Arrest
A.R.S. 13-3967 — release on recognizance or on bail, weighed on the factors the section lists
At the first appearance before a judicial officer, a person charged with an offense bailable as a matter of right is ordered released pending trial, either on the person's own recognizance or on bail in an amount the judicial officer sets. In choosing between them and setting the amount, the judicial officer takes into account, among other things:
- The views of the victim.
- The nature and circumstances of the offense charged, and the weight of the evidence.
- Evidence that the accused poses a danger to others in the community.
- The accused's family ties, employment, financial resources, character and mental condition.
- The length of residence in the community.
- The accused's record of arrests and convictions, and of appearing at court or failing to.
Some charges are not bailable. A person in custody is not admitted to bail where the proof is evident or the presumption great that the person is guilty of a capital offense, sexual assault, or sexual conduct with or molestation of a young child in the circumstances listed, among the other charges the section names.
Release on a felony charge is conditioned on good behavior, and on a showing of probable cause that the person committed any offense while released, the release may be revoked.
Sources for this section (2)
- A.R.S. 13-3967 — Release on bailable offenses before trial
- A.R.S. 13-3961 — Offenses not bailable; purpose; preconviction; exceptions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.