Criminal

questions & answers

Question: My father was arrested for stealing a swamp cooler turns out it didn't even work my question is Bond was set at $50,000 is that legal he's never been arrested in his life no criminal history he lied to the police officer about the swamp cooler he's being charged with a felony why would bond be set so high he's not a Flight Risk he owns his own house in that town

Answer: According to Arizona Law (ARS 12-3967), the court looks at several factors when determining bail. Here are the points listed:

1. The views of the victim.

2. The nature and circumstances of the offense charged.

3. Whether the accused has a prior arrest or conviction for a serious offense or violent or aggravated felony as defined in section 13-706 or an offense in another state that would be a serious offense or violent or aggravated felony as defined in section 13-706 if committed in this state.

4. Evidence that the accused poses a danger to others in the community.

5. The results of a risk or lethality assessment in a domestic violence charge that is presented to the court.

6. The weight of evidence against the accused.

7. The accused's family ties, employment, financial resources, character and mental condition.

8. The results of any drug test submitted to the court.

9. Whether the accused is using any substance if its possession or use is illegal pursuant to chapter 34 of this title.

10. Whether the accused violated section 13-3407, subsection A, paragraph 2, 3, 4 or 7 involving methamphetamine or section 13-3407.01.

11. The length of residence in the community.

12. The accused's record of arrests and convictions.

13. The accused's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings.

14. Whether the accused has entered or remained in the United States illegally.

15. Whether the accused's residence is in this state, in another state or outside the United States.

QUESTIONS

  • My father was arrested for stealing a swamp cooler turns out it didn't even work my question is Bond was set at $50,000 is that legal he's never been arrested in his life no criminal history he lied to the police officer about the swamp cooler he's being charged with a felony why would bond be set so high he's not a Flight Risk he owns his own house in that town

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  • State Bar of Arizona
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    Referral number 602-257-4434
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    Referral number 520-623-4625
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