One of the most common questions I get from defendants and from the family of defendants is "when will I get out of jail?". If the charges are severe enough, then the typical answer is not for a long time. That is different from other states, in particular Pennsylvania, which let out Jerry Sandusky. If Mr. Sandusky had been charged in Arizona, he would not have been released.

The reason is because of ARS 13-3961, which means that under certain circumstances, a defendant will be held non-bondable. The most common circumstances include when the charges are sex crimes against a minor and when the defendant is a illegal alien:  

A. A person who is in custody shall not be admitted to bail if the proof is evident or the presumption great that the person is guilty of the offense charged and the offense charged is one of the following:

1. A capital offense.

2. Sexual assault.

3. Sexual conduct with a minor who is under fifteen years of age.

4. Molestation of a child who is under fifteen years of age.

5. A serious felony offense if there is probable cause to believe that the person has entered or remained in the United States illegally...

While this is what the statute requires, it is not the end of the inquiry. In a case called Simpson v. Owens, the Arizona Court of Appeals held that "due process requires that a full and adversarial evidentiary hearing be conducted.” That means that even if the crime alleged falls under ARS 13-3961, there must be an evidentiary hearing to determine if the defendant is bondable. 

If the court then determines that bond is allowable, the defendant can leave the jail if he posts bail. If the judge orders a cash only bond, that means the defendant must post the entire bond in a cashier's check. If the judge orders a secured bond, that means the defendant must have either the cash available pay the entire bond, or enough security to secure the entire bond.

For example, if the bond is a $10,000 secured bond, the defendant, or his family, must have property worth at least $10,000 against which the bond is secured, like a car title loan. That is usually done through a bail bonds company that will also charge a 10% transaction fee. The transaction fee is not returned even if the defendant is found not guilty or the charges are dismissed. If the defendant fails to appear at his court hearings, the court can foreclose on the security instrument (repossess the car or foreclose on a house) after a civil bond forfeiture hearing.