ARS 13-3967: Bail Factors, Conditions, and Violations

Arizona Revised Statutes section 13-3967 is the state’s pretrial release law. It tells a judge how to decide whether someone charged with a bailable offense walks out of jail on a promise, posts money, or stays in on conditions. The guiding rule is that the court must pick the least restrictive option that will both guarantee the defendant’s return to court and protect the community. That decision happens at the initial appearance, which Arizona courts hold within 24 hours of arrest.¹

What the Statute Requires the Judge to Do

Section 13-3967 does not give the judge a free hand. It frames release as a presumption and asks the court to choose from a ladder of options, starting with the lightest. Release on your own recognizance is the default where it will work. If it won’t, the judge adds the smallest set of financial and behavioral conditions that will. Only when no combination of conditions is enough does the court move toward holding the defendant.

The judge makes that call by working through a specific list of factors set out in subsection (B), then selecting conditions under subsection (D). The statute treats bail amount and behavioral conditions as two parts of the same decision, not separate questions.²

The Fifteen Factors the Court Weighs

Subsection (B) directs the court to consider all of the following when deciding how to release a defendant and what the bail amount should be:

The victim’s views on the release decision.
The nature and circumstances of the offense, particularly whether it involved violence or a child victim.
Prior convictions for serious or aggravated felonies under ARS 13-706, including equivalent convictions from other states.
Evidence the defendant poses a danger to others in the community.
The results of a domestic violence risk or lethality assessment, where one applies.
The weight of the evidence against the defendant.
Family ties, employment, financial resources, character, and mental condition.
Any drug test results in front of the court.
Current illegal drug use, with specific attention to methamphetamine violations under ARS 13-3407.
Length of residence in the community.
Arrest and conviction history.
Record of appearing at past court dates and any history of fleeing prosecution.
Immigration status and whether the defendant lives in Arizona, out of state, or outside the country.

There is no scoring system. A defendant with deep local roots, steady employment, and a clean appearance record will usually get the lightest terms the law allows. Someone with prior failures to appear, active substance abuse, or weak community connections should expect higher bail or stricter conditions.²

Courts with pretrial services programs also run defendants through the Public Safety Assessment, a risk-scoring tool the Arizona Judicial Council adopted statewide in 2015. The score estimates the likelihood of a new offense or a missed court date. It is one input alongside the statutory factors, not a substitute for the judge’s judgment.³

Financial Options the Judge Can Pick From

Section 13-3967 gives the court a range of financial mechanisms, from no money at all to the full cash amount of bail. Which one the judge chooses depends on where the defendant falls on the factors above.

Own recognizance. The defendant signs a written promise to appear. No money changes hands. Reserved for lower-level cases with strong community ties and a clean record.
Unsecured appearance bond. The court sets a bail amount but requires nothing upfront. The amount comes due only if the defendant fails to appear.
Deposit bond. The defendant posts a percentage of the full bail with the court clerk. The remainder is owed only on a missed appearance. The clerk returns the deposit when the case ends, minus any fees.
Cash bond. The defendant, or a third party, posts the full bail amount with the clerk. The court holds it until the case concludes and all appearances have been made.
Secured bond through a licensed bail bondsman. The bondsman posts the full amount and charges a non-refundable premium set by the surety insurer and approved by the state insurance director. The industry standard is about 10 percent of the bail amount. That premium is the bondsman’s fee and does not come back, even if the charges are dismissed.
Property bond. Equity in real property can be pledged as collateral for the bond.

Any cash or collateral the court holds comes back at the end of the case if all conditions were met. Noncompliance can forfeit it to the state.²

Non-Financial Conditions That Can Ride Along

Under subsection (D), the judge can attach behavioral conditions to any release, whether the defendant posted bail or walked out on recognizance. Every felony defendant must stay law-abiding as a baseline; the court can revoke release on probable cause that the defendant committed a new offense. Beyond that, common conditions include:

Custodial supervision by a designated person or organization who agrees to oversee the defendant.
Travel and residency limits, including a requirement to keep a stable address and often a bar on leaving the county or state without written permission.
No-contact and protective orders directing the defendant to stay away from the victim and any witnesses.
Weapons and substance restrictions, which can prohibit possession of deadly weapons and use of alcohol or specific drugs.
Electronic monitoring through a GPS ankle bracelet. The daily cost, often borne by the defendant, can run from a few dollars up to $15 depending on the jurisdiction and provider.
Regular check-ins with a pretrial services officer.

Certain felony and misdemeanor defendants can also be ordered to submit a DNA sample within five days of release. Refusing triggers automatic revocation.⁴

Victim input carries real weight here. Arizona’s Victims’ Bill of Rights gives the victim a right to be heard at any post-arrest release proceeding, and the victim’s views are the first factor listed in subsection (B).⁵ A victim who tells the court they fear for their safety can push the judge toward higher bail, stricter conditions, or a no-contact order.

Changing Conditions Later

Release terms are not frozen for the life of a case. Subsection (G) lets either side ask the court to change them at any time. The defendant files a motion for review, and the judge who set the original conditions, or the court handling the prosecution, reconsiders. Both the county attorney and the victim must get reasonable notice of the hearing.⁶

A defendant who has complied for several months may be able to persuade the court to lower bail or drop GPS monitoring. The prosecutor can also move the other direction, asking for tighter restrictions if new evidence appears or the defendant’s behavior slips. The same least-restrictive standard governs the second look that governed the first.

What Happens if You Violate a Condition or Miss Court

Violating a condition is one of the fastest ways back into a cell. Under ARS 13-3968, when the prosecution files a verified application alleging a felony defendant willfully violated release conditions, a judge can issue a warrant and order the defendant brought before a superior court judge. On a finding of willful violation, the court can add or substitute conditions. On probable cause that the defendant committed a new felony while out, the court can revoke release outright.⁷

Missing a court date creates a brand-new criminal charge on top of whatever brought you in. Knowingly skipping a required appearance in a felony case is failure to appear in the first degree, a class 5 felony. The charge stands even if the underlying felony is later dismissed.⁸ Missing an appearance tied to a misdemeanor case is failure to appear in the second degree. Beyond the new charge, a missed date almost always triggers a bench warrant and forfeits any bail money or bond collateral held by the court.

When ARS 13-3967 Does Not Apply

Section 13-3967 only reaches offenses that are bailable to begin with. Before the court sets any conditions, it has to confirm the defendant is eligible for release at all. ARS 13-3961 lists the categories where a judge must deny bail when the proof is evident or the presumption of guilt is great: capital offenses, sexual assault, certain sexual conduct or molestation offenses involving young children, and serious felonies (class 1 through 4, or aggravated DUI under ARS 28-1383) if there is probable cause the defendant entered or remained in the country illegally. Two further categories require the same determination at the initial appearance: a new felony filed against someone already out on bail for a separate felony, and a felony where the defendant poses a substantial danger that no release condition can reasonably contain. A grand jury indictment on its own does not strengthen the evidence for this purpose.⁹¹⁰ If the case falls into one of those buckets, there is no release decision to make under 13-3967.

1
Arizona Judicial Branch. Steps in a Criminal Case
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Arizona Legislature. Arizona Code 13-3967 – Release on Bailable Offenses Before Trial; Definition
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Arizona Judicial Branch. Pretrial Initiatives and Taskforces
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Arizona Legislature. 13-3967 – Release on Bailable Offenses Before Trial; Definition
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Arizona Legislature. Article 2 Section 2.1 – Victims Bill of Rights
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LegiScan. Arizona HB2490
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Arizona Legislature. Arizona Code 13-3968 – Violation of Conditions of Release; Hearing
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Arizona Legislature. Arizona Code 13-2507 – Failure to Appear in the First Degree; Classification
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Arizona Legislature. Arizona Code 13-3961 – Offenses Not Bailable; Purpose; Preconviction; Exceptions
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FindLaw. Arizona Constitution Article II, Section 22 – Bailable Offenses