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the first steps?
Having the following information will quicken the bond release
process. It’s O.K. if you are missing or do not have all the information below,
just give us a call and we will be glad to help you.
1. The arrestee’s full name and date of birth ?
2. The jail name and city or state ?
3. The date arrested ?
4. The amount of bail ?
Bail by Phone.
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process the bond by telephone or in person. Open 24 hours.
Arizona bail laws
1. Applicable Statutes.
ARIZONA REVISED STATUTES ANNOTATED TITLE 20. INSURANCE CHAPTER 2.
TRANSACTION OF INSURANCE BUSINESS ARTICLES 1-3.
ARIZONA REVISED STATUTES ANNOTATED RULES OF CRIMINAL PROCEDURE III.
RIGHTS OF PARTIES RULE 7, 7.1 – 7.6.
ARIZONA REVISED STATUTES ANNOTATED RULES OF CRIMINAL PROCEDURE III.
RIGHTS OF PARTIES RULE 7. RELEASE Rule 7.1. Definitions "Professional
Bondsman" and gives requirements for such. Professional Bondsman:
.Any person who is surety simultaneously on more than four appearance
bonds is a "professional bondsman." No person may be a professional
bondsman unless the person annually certifies in writing under oath to the
clerk of the Superior Court that he or she:
Is a resident of this state;
Has sufficient financial net worth to
satisfy reasonable obligations as a surety;
Agrees to assume an affirmative duty to the
court to remain in regular contact with any defendant released pursuant to
an appearance bond on which the person is a surety;
Has not been convicted of a felony;
Has no judgments arising out of surety
undertakings outstanding against him or her;
Has not, within a period of two years,
violated any provisions of these rules or any court order.
The capacity to act as a professional
bondsman may be revoked or withheld by the clerk or the court, for
violation of any provision of this rule.
ARIZONA REVISED STATUTES ANNOTATED TITLE 20. INSURANCE CHAPTER 2.
TRANSACTION OF INSURANCE BUSINESS ARTICLE 3. AGENTS, BROKERS, SOLICITORS
AND ADJUSTERS § 20-323.Sets for prohibitions for Bail Recovery Agents and
establishes criminal records checks for such.
No person who has been convicted in any
jurisdiction of theft or of any felony or any conviction involving
carrying or the illegal use or possession of a deadly weapon or dangerous
instrument may act as a bail recovery agent.
A person shall submit a full set of
fingerprints to the department before acting as a bail recovery agent, and
submit a new set of fingerprints on or before September 1 of every third
year after initial licensure to permit the director to obtain a state and
federal criminal records check pursuant to § 41- 1750 and P.L. 92-544. The
fingerprint processing fee shall be an amount exceeding the cost to the
department charged by the Federal Bureau of Investigation for processing.
The Department of Public Safety is authorized to exchange this fingerprint
data with the Federal Bureau of Investigation. The criminal investigation
section of the Department of Public Safety shall provide such criminal
history record information to the director pursuant to § 41-1750.
Any person who acts as a bail recovery
agent on behalf of any bail bond agent, and any person who conducts any
action relating to a bail recovery or apprehension must be identified by
the bail bond agent in the report filed with the director pursuant to §
13-3885, subsections C and D.
A bail bond agent may not employ any bail
recovery agent who does not comply with the requirements of this section
and who has not been identified by the bail bond agent in the report filed
with the director pursuant to § 13- 3885, subsection C. A bail bond agent
who is not licensed in this state shall contract with a bail bond agent in
this state to retain the services of a bail recovery agent in this state.
C. ARIZONA REVISED STATUTES ANNOTATED TITLE
20. INSURANCE CHAPTER 19. CONTINUING EDUCATION--BAIL BOND AGENTS ARTICLE 1.
GENERAL PROVISIONS § 20-3002.Sets forth the continuing education
requirements for bail bond agents.
Each bail bond licensee shall biennially
complete for each license period a minimum of twenty credit hours of
approved bail bond insurance continuing education courses offered by an
approved provider in addition to any other continuing education required
by this title. As a condition of license renewal, each bail bond licensee
shall complete the required credit hours applicable to each license that
has been in existence for at least one year.
After the bail bond licensee completes an
approved continuing education course, the approved provider shall furnish
the bail bond licensee with a certificate of compliance. The bail bond
licensee shall attach the signed certificate of compliance to the
application for renewal of the license. The director shall not renew the
bail bond licensee's license unless the executed certificates attached to
the application demonstrate that the bail bond licensee completed the
credit hours prescribed in subsection
Pursuant to subsection B, the form approved
by the director shall require at least the following information:
The bail bond licensee's name, address, social security number and
license number issued by the department.
The name of the approved provider.
The subjects and titles of the approved continuing education courses
that the bail bond licensee completed.
The dates that the bail bond licensee completed the approved
continuing education courses.
3. Notice of Forfeiture
ARIZONA REVISED STATUTES ANNOTATED RULES OF CRIMINAL PROCEDURE III.
RIGHTS OF PARTIES RULE 7. RELEASE Rule 7.6.
c. Sets for the Forfeiture Procedure and notice requirements.
If a person has violated a condition of an
appearance bond , it shall issue a bench warrant for the person's arrest
and send a copy of the minute entry evidencing the issuance of such bench
warrant to the surety within ten days after the issuance of the warrant.
The court shall set a hearing within a
reasonable time not to exceed 120 days requiring the parties and any
surety to show cause why the bond should not be forfeited.
The court shall provide notice of the
hearing to the parties and any surety by mailing copies of the minute
entry to the addresses previously provided by the parties to the court.
If at the hearing, the violation is not
explained or excused, the court may enter an appropriate judgment
forfeiting all or part of the bond.
Post-Forfeiture Notice. After entering an
order of forfeiture, the court shall forward: (1) a copy of the forfeiture
minute entry to the defendant, the defendant's attorney, and the surety;
and (2) a copy of a signed forfeiture minute entry to the county attorney
for collection.
4. Allotted Time between Forfeiture Declaration and Payment Due Date.
See the forfeiture procedure outlined above for time allotted between
forfeiture declaration and payment due date – the first two steps (the
time period appears to be a "reasonable time" from receiving notice of
forfeiture, as determined by the court, not to exceed 120 days).
5. Forfeiture Defenses.
ARIZONA REVISED STATUTES ANNOTATED TITLE 13. CRIMINAL CODE CHAPTER 38.
MISCELLANEOUS ARTICLE 12. BAIL § 13-3974.Establishes that a surety may be
relieved from liability on an appearance bond if the surety surrenders the
defendant into the custody of the sheriff of the county in which the
prosecution is pending and the sheriff reports the surrender to the court.
ARIZONA REVISED STATUTES ANNOTATED RULES OF CRIMINAL PROCEDURE III.
RIGHTS OF PARTIES RULE 7. RELEASE Rule 7.6. Transfer and Disposition of
Bond
Sets provisions for exoneration of a bail bond.
If at any time before violation the court
finds there is no further need for an appearance bond, it shall exonerate
the appearance bond and order the return of any security deposited.
If the surety, surrenders the defendant to
the sheriff of the county in which the prosecution is pending, or delivers
an affidavit to the sheriff stating that the defendant is incarcerated in
this or another jurisdiction, and the sheriff reports the surrender or
status to the court, the court may exonerate the bond.
In all other instances, the decision
whether or not to exonerate a bond shall be within the sound discretion of
the court.
Provides that in an application for remission, an
owner or interest holder in property may elect to file either:
A claim with the court within thirty days
after the notice or a petition for remission or,
Mitigation of forfeiture with the attorney
for the state within thirty days after the notice and not after a
complaint has been filed, but may not file both.
The claim or petition shall comply with the
requirements for claims in § 13-4311, subsections E and F.
§ 13-4311, subsections E and F establish:
E. The claim shall be signed by the claimant under penalty of perjury and
shall set forth all of the following:
The caption of the proceeding as set forth on the notice of pending
forfeiture or complaint and the name of the claimant.
The address at which the claimant will accept future mailings from the
court or attorney for the state.
The nature and extent of the claimant's interest in the property.
The date, the identity of the transferor and the circumstances of the
claimant's acquisition of the interest in the property.
The specific provisions of this chapter relied on in asserting that
the property is not subject to forfeiture.
All facts supporting each such assertion.
Any additional facts supporting the claimant's claim.
The precise relief sought
Copies of the claim shall be mailed to the seizing
agency and to the attorney for the state.
7. Bail Agent’s Arrest Authoriy.
ARIZONA REVISED STATUTES ANNOTATED TITLE 13. CRIMINAL CODE CHAPTER
38. MISCELLANEOUS ARTICLE 7. ARREST § 13-3885. Establishes rules for:
arrest of principal by surety; prohibited conduct; violation;
classification; and definitions.
In surrendering a defendant, a surety may
arrest the defendant before forfeiture of the bond or, by written
authority attached to a certified copy of the undertaking, may empower a
bail recovery agent or a bail bond agent as defined in § 20- 282.01 to
arrest the defendant.
A bail recovery agent or a bail bond agent
shall not do any of the following:
Enter an occupied residential structure
without the consent of the occupants who are present at the time of the
entry.
Conduct a bail recovery arrest or
apprehension without written authorization from a bail bond agent licensed
in Arizona.
Wear, carry or display any uniform, badge,
shield or other insignia or emblem that implies that the bail recovery
agent is an employee, officer or agent of this state, a political
subdivision of this state or the federal government. A bail recovery agent
may display identification that indicates the agent's status as a bail
recovery agent only.
Authorize or allow any third party bail
recovery agent to undertake an apprehension or arrest if the bail recovery
agent has been convicted in any jurisdiction of theft or of any felony or
any crime involving carrying or the illegal use or possession of a deadly
weapon or dangerous instrument.
Violations of this section may constitute a
class 5 felony depending upon subsections violated.
Subsection C and D, set forth provisions
for the employment, by a surety company, of an independent contractor as a
bail recovery agent.
Subsection E sets forth provisions for
retaining the services of a bail recovery agent not licensed in Arizona.
Subsection G sets forth definitions for a
"Bail recovery agent."
ARIZONA REVISED STATUTES ANNOTATED, TITLE 13. CRIMINAL CODE CHAPTER
38. MISCELLANEOUS ARTICLE 12. BAIL§ 13-3969. Bail bond agent lists;
prohibition; rotation; acceptance of bonds.
Gives regulations for providing persons with lists and names of
authorized bail bond sureties.
ARIZONA REVISED STATUTES ANNOTATED TITLE 20. INSURANCE CHAPTER 2.
TRANSACTION OF INSURANCE BUSINESS ARTICLE 3. AGENTS, BROKERS, SOLICITORS
AND ADJUSTERS §
20-321.
Provides guidelines on prohibited business practices for bail bond agents.
No bail bond agent may:
Suggest or advise the name of any
particular attorney to represent his principal.
Solicit business in or around any place
where prisoners are confined or in or around any court.
Receive or collect for an attorney any
monies or other items of value for an attorney's fee, costs or any other
purpose on behalf of an arrestee, unless a receipt is given.
Enter into an arrangement of any kind with
any person to inform or notify any bail bond agent directly or indirectly
of any of the following:
(a) The existence of a criminal complaint.
(b) The fact of an arrest.
(c) The fact that an arrest of any person
is pending or contemplated.
(d) Any information pertaining to matters
described in this paragraph or to the persons involved.
Participate in the capacity of an attorney
at a trial or hearing of a person on whose bond the bail bond agent is the
surety.
Accept anything of value from a principal
except the premium and expenses, except that the bail bond agent may
accept collateral security or other indemnity from the principal or on
behalf of the principal which the bail bond agent shall return on final
termination of liability on the bond unless the collateral has been
forfeited because the defendant did not appear in court. This collateral
security or other indemnity required by the bail bond agent must be
reasonable in relation to the amount of the bond.
Give, authorize, sign or countersign in
blank any power of attorney to bonds unless the person so authorized is a
licensed bail bond agent directly employed by the bail bond agent giving
the power of attorney.
Advertise as or hold out to be a surety
company.
ARIZONA REVISED STATUTES ANNOTATED RULES OF
CRIMINALPROCEDURE III. RIGHTS OF PARTIES RULE 7. RELEASE Rule 7.1. Gives
important definitions of relevant terms, including definition of "surety."
ARIZONA REVISED STATUTES ANNOTATED TITLE
20. INSURANCE CHAPTER 2. TRANSACTION OF INSURANCE BUSINESS ARTICLE 3.
AGENTS, BROKERS, SOLICITORS AND ADJUSTERS § 20-319.Provides governing
procedures for maintenance of records, keeping receipts, and places of
business for Bail Bond Agents.
ARIZONA REVISED STATUTES ANNOTATED TITLE
20. INSURANCE CHAPTER 19. CONTINUING EDUCATION--BAIL BOND AGENTS ARTICLE
1. GENERAL PROVISIONS § 20-3003. Sets forth important provisions on
record keeping requirements for bail bond licensees.
ARIZONA REVISED STATUTES ANNOTATED TITLE
20. INSURANCE CHAPTER 19. CONTINUING EDUCATION--BAIL BOND AGENTS ARTICLE
1. GENERAL PROVISIONS § 20-3005. Establishes a committee for approving
standards for and reviewing continuing education for bail bond agents.
9. Noteworthy State Appellate Decisions.
STATE of Arizona v. EMPIRE AMERICAN BAIL BONDS,
INC. No. 1
CA-CV
97-0426
Court of Appeals of Arizona, Division
1, Department E.
Feb. 24, 1998.
Empire American Bail Bonds, Inc. ("Empire") appeals from the trial
court's order denying its request for a new form of judgment. The issue
presented by this appeal is whether the state must give notice to the
surety of the filing of a proposed form of judgment forfeiting the bail
bond. The court holds that Rule 58(a), Arizona Rules of Civil Procedure,
requires such notice. The trial court erred in signing the judgment
without first requiring proof of such notice. The court, therefore,
vacates the trial court’s order denying Empire’s request for a new form of
judgment and remands the case for further proceedings.
STATE of Arizona, Plaintiff-Appellee, v.
L.Z. (Jack) JACKSON, dba A-Jax Bond Company, Real Party in
Interest-Appellant.
No. 1 CA-CV 94-0302.
Court of Appeals of Arizona,
Division 1, Department D.
Dec. 19, 1995.
After a defendant who had been released pursuant to bail bond failed to
appear at arraignment, the surety on bond filed a motion to exonerate
bond, and the state filed a motion for forfeiture in response. After
setting hearing over 90 days after defendant's failure to appear, the
Superior Court, Mohave County, , Steven F. Conn, J., ordered bond
forfeited, and the surety appealed.
The Court of Appeals, Lankford, J., held that: (1) statute governing
bond forfeitures (which requires a hearing to be held more than 90 days
before and less than 180 days after failure to appear) conflicts with, and
is superseded by, rules of criminal procedure requiring hearing to be held
within ten days, but (2) failure to hold hearing within ten days did not
require dismissal of forfeiture as surety was not prejudiced and had
opportunity to contest forfeiture. The Superior Courts decision that the
bond be forfeited was affirmed.
Other Relevant Case law:
United Bonding Ins. Co. v. City Court of
City of Tucson (App. 1967) 6 Ariz.App. 462, 433 P.2d 642. Surrender
of defendant before breach of undertaking would exonerate surety on bail
bond.
State ex rel. Corbin v. Superior Court In
and For Maricopa County (App. 1965) 2 Ariz.App. 257, 407 P.2d 938. To
constitute sufficient basis for exoneration of bond or to justify
suspension of forfeiture until after defendant's release by other
authorities surrender of defendant by surety must be before breach of
undertaking and must be actual surrender and not mere offer.
United Bonding Ins. Co. v. City Court of
City of Tucson (App. 1967) 6 Ariz.App. 462, 433 P.2d 642. Termination of
prosecution before forfeiture of bail bond terminates surety's liability
on bond.
Surety's surrender of defendant after
forfeiture of bail bond would not necessarily have entitled surety to
remission of forfeiture. United Bonding Ins. Co. v. City Court of City of
Tucson (App. 1967) 6 Ariz.App. 462, 433 P.2d 642.
10. Bounty Hunter Provisions.
Bounty Hunters are termed "Professional Bondsmen," "Bail Bond Agents"
and "Bail Recovery Agents" in Arizona’s statutes. Rules governing such are
primarily given above under #2 – Licensing Requirements for Agents.
