Held without bond in Arizona?
Can a Defendant be held without bond in Arizona?
In Arizona, bond must be set at your initial appearance within 24 hours of your arrest. But, not all defendants are entitled to bail.
The Eighth Amendment to the U.S.Constitution prohibits “excessive” bail but does not guarantee a right to bail. Arizona’s Constitution Art. 2 Section 22, provides a right to bail but there are exceptions. First, bail is prohibited for capital offenses. Second, bail is prohibited when a person was already admitted to bail on a separate felony charge and is subsequently charged with a new felony. Third, bail is not to be granted in felony cases when the defendant “poses a substantial danger to any other person or to the community,” and no conditions of release may be imposed that would “reasonably assure . . . safety. In order for a Defendant to be held without bail pursuant to any of the exceptions, the State must prove the Defendant is non-bailable by “proof evident presumption great.”
In addition to the Constitution, Rule 7.2 of the Arizona Rules of Criminal Procedure addresses a defendant’s right to release. The rule defines the circumstances under which defendants can be held without bond before a conviction. Under section (B)(1)(B), “a defendant must not be released if the Court finds proof evident or the presumption that they committed . . . any felony offense while the defendant was on pretrial release for a separate felony charge.”
What is “proof evident presumption great?”
Caselaw has defined proof evident presumption great as “all of the evidence, fully considered by the court, makes it plain and clear to the understanding, and satisfactory and apparent to the well-guarded, dispassionate judgment of the court that the accused committed” one of the designated non bailable offenses. The proof presented must be “substantial” but need not meet the “proof beyond a reasonable doubt” standard.
What are the due process requirements?
Courts have held that at a “no bond hearing” an accused must be afforded due process. Specifically, a defendant “must be provided a hearing during which he must be given ‘an opportunity to be heard at a meaningful time and in a meaningful manner.” A formal hearing is required to determine whether the “proof is evident or the presumption great” that the defendant committed a non-bailable offense. Defendants are entitled to counsel, may testify and present information, and may cross-examine witnesses.The trial court must only admit evidence that is material to the question at issue.
Can the Court still release a Defendant if the State has met their burden?
Defendants have argued that the Court should also consider the factors surrounding whether the accused is a flight risk or a risk of reoffending. However, the Court of Appeals has already ruled that those factors are no longer part of the consideration when the burden has been met.
SOURCES:
16A A.R.S. Rules Crim. Proc., Rule 7.2
