Conditions, procedures and factors to consider while released from the custody of the Mohave County Jail

We all can imagine the horror of spending any time in the Mohave County Jail.  Not only is time in custody a stressful time for the Defendant, but also for their family.  People accused of crimes and jailed run the risk of losing their jobs as well as the breakdown of family relationships.  It is for this reason and many others Defendants seek the potential for release either with bond or on their own recognizance.  Courts consider several conditions when determining release conditions.

Some conditions the courts must impose are mandatory such as requiring the Defendant to appear at all court proceedings; requiring the Defendant not commit any additional crimes while on release and requiring the Defendant to remain in Arizona unless the court’s permission was sought and leaving the state was approved by the court.

Additional conditions are also imposed such as not allowing the Defendant to contact any alleged victims of the charged crime.  Types of monetary conditions which can be imposed include the following:  an unsecured appearance bond; a deposit bond; another type of secured bond; and a cash bond.

Generally speaking monetary conditions for release must be based upon an individualized determination of the Defendant’s risk of non-appearance at future court dates.  In other words, the more the court believes you are a flight-risk from the prosecuting jurisdiction the more financial stake they want a person to have in the case.  If a person stands to lose more money by leaving and not participating in their case the more likely they are not to flee.  Of course this is not an exact science, but the principle tends to work for the masses.  In addition to monetary conditions, courts also frequently impose non-monetary release requirements.

Available conditions that do not involve money include:  placing the defendant in the custody of a designated person or organization that agrees to the supervision; restricting the Defendant’s travel, associations, or residence; prohibiting the Defendant from possessing any dangerous weapon; prohibiting engaging in certain described activities, or consuming intoxicating liquors or any controlled substance that is not prescribed; requiring the Defendant to report regularly to and remain under the supervision of a court officer; returning the Defendant to jail after during certain hours of the day and any other condition that protects the public from the accused.

C. Ray Lundberg is licensed to practice law in Arizona and Illinois.  Please call us to make sure your loved-one has a reasonable bond.  Our phone number is 928-263-2026.