Bail & Bond Basics in Arizona: How to Get Someone Out of Jail

Serving clients in Prescott and across Yavapai County

One of the first phone calls we receive at TedLaw comes from worried family members who want to know: “How do I get my loved one out of jail?” The bail process can feel intimidating if you’ve never dealt with it before. Below is an overview of how bond works in Arizona—and how an attorney can help secure a release as quickly and affordably as possible.

The Initial Appearance (Within 24 Hours)

• Deadline: After an arrest, the accused must appear before a judge within 24 hours. If that doesn’t happen, the person must be released.
• Purpose: The judge reviews probable cause, sets release conditions, and schedules a preliminary hearing.
• Bond Amount: This is when the judge announces how much money—or collateral—must be posted to secure release.

Types of Bonds

1. Secured Appearance Bond

A secured appearance bond usually requires posting 10 percent cash plus collateral equal to the full bond amount.

Example: A $50,000 secured appearance bond means you must post $5,000 cash and a deed, title, or other property worth $50,000.

2. Cash-Only Bond

With a cash bond, collateral is not accepted—you must pay the entire amount in cash, money order, or cashier’s check.

3. Release on Own Recognizance (OR)

For minor offenses or strong mitigation, the judge may release a defendant on their promise to appear in court—no money required.

4. Third-Party Bond (Bail Bondsman)

If you don’t have sufficient funds or collateral, you may hire a licensed bail bonds company. A bondsman generally charges a non-refundable fee (often 10 percent of the bond) and may ask for collateral.

Your Responsibilities as a Cosigner

• You guarantee the full bond amount if the defendant fails to appear or violates release conditions.
• If the court revokes bond, your cash or collateral can be forfeited, and your loved one returns to jail until trial.

Can a Bond Be Reduced?

Yes. A lawyer can file a motion to modify release conditions asking the court to lower the bond or switch to an OR release. Having counsel present at the initial appearance often results in the most favorable terms, but a skilled attorney can still seek bond reduction after the fact.

Avoid This Common Mistake

Families sometimes exhaust their savings to post bond—then have no funds left to hire legal counsel. Before you drain resources, talk with an attorney about options. Legal representation can often result in reduced bond and better long-term outcomes.

What To Do If Someone Is in Jail in Prescott

1. Stay calm. Gather basic information: which jail, booking number, scheduled initial-appearance time.
2. Call an attorney immediately. A lawyer can attend the initial appearance, argue for lower bond, or request release on recognizance.
3. Consider finances. Decide whether you can post cash/collateral directly, use a bondsman, or pursue bond reduction.

Need Help Right Now?

Ted Law is available 24/7 to assist families in Prescott and throughout Yavapai County. We’ll guide you through the bond process, appear in court, and begin building a defense strategy from day one.

Phone: (928) 776-1782  |  Email us for a free consultation.

 

Unlawful Discharge of Firearms in Arizona

Every year, some individuals in Arizona fire guns into the air to celebrate occasions like New Year’s Eve—forgetting that what goes up must come down. These stray bullets can cause tragic injuries or death, as seen in the case that led the Arizona legislature to pass strict laws commonly referred to as Shannon’s Law. Discharging a firearm within city limits without justification can bring serious felony charges with life-altering consequences.

Penalties for Discharging a Gun Within City Limits

Under Arizona law, firing a gun within city limits without a valid reason is a Class 6 felony. Prosecutors typically classify it as a dangerous offense because the crime involves a deadly weapon. A dangerous offense conviction means:

• No possibility of probation
• Mandatory prison term of 1.5 to 3 years (with a presumptive sentence of 2.25 years)

This applies even if you have never been in trouble before. It underscores how seriously Arizona treats gun-related crimes.

Mens Rea (State of Mind) in Unlawful Discharge Cases

Unlawful discharge of a firearm has a relatively low threshold for criminal intent—or mens rea. Unlike many crimes that require intentional or knowing action, the prosecution can often prove unlawful discharge by showing a reckless or even criminally negligent state of mind:

• Recklessness: Consciously ignoring a substantial risk of harm.
• Criminal Negligence: Failing to perceive a substantial risk that a reasonable person would have recognized.

This means even an accidental discharge at home may result in felony charges if prosecutors argue you were negligent in handling the firearm.

Aggressive Prosecution of Weapons Offenses

Arizona law enforcement aggressively pursues weapons charges, particularly when a firearm is actually fired. As the example of an accidental discharge in your own apartment demonstrates, a single mistake can label you a felon and lead to prison time. Prosecutors often see unlawful discharge as a dangerous offense, limiting plea options and imposing mandatory prison upon conviction.

Real-World Example

Recently, our firm defended a client who accidentally fired a gun inside their apartment, and the bullet passed through a shared wall. Fortunately, no one was injured. Despite the accident, the prosecution charged the client with a Class 6 felony dangerous offense. After lengthy negotiations, we managed to have the “dangerous” allegation dropped, making the client probation-eligible. Eventually, the charge was designated as a Class 6 “open” felony, allowing it to become a misdemeanor upon successful completion of probation.

Facing Unlawful Discharge Charges in Prescott?

If you have been arrested or charged with unlawful discharge of a firearm or other weapons offenses in Prescott or nearby areas, you should consult an experienced defense attorney before entering any plea. At Ted Law, we have decades of experience defending clients facing gun-related charges. Our team knows the strategies to reduce or dismiss charges—and we aim to protect your rights and your future.

Call (928) 776-1782 or contact us online today for a free consultation. Don’t let a momentary lapse in judgment follow you for the rest of your life. We can develop a defense tailored to your circumstances.

 

Finding yourself under arrest in Prescott, AZ can be a frightening and disorienting experience. You may have concerns about how long the police can hold you, when you’ll see a judge, and whether you can secure release on bond. Thankfully, the Arizona Rules of Criminal Procedure require officers and courts to follow specific timelines. Below, we explain the key stages of the arrest process and offer guidance on how to protect your rights.

Understanding the Arrest Timeline

• Initial Appearance (Within 24 Hours)
  After an arrest, you must be taken before a judge within 24 hours. At this hearing:
  • A judge reviews whether there’s probable cause for your arrest.
  • The court sets conditions of release—this could include bail, own recognizance (O.R.), or other restrictions.
  • A preliminary hearing is scheduled if necessary.

  The initial appearance can be pivotal for determining your release. Contact an attorney immediately if possible, as this hearing might be your best chance to challenge or lower bond conditions.

• Delayed Appearance Means Immediate Release
  If the initial appearance doesn’t happen within 24 hours of your arrest, you must be released from custody without delay.

Key Steps to Take After an Arrest

The moments following an arrest are critical. Keep these three steps in mind:

1. Remain Silent
   Clearly state: “I choose to remain silent.” Avoid answering questions or making statements until you’ve consulted a lawyer.
2. Ask for Legal Representation
   Assert your right to an attorney by saying: “I will not speak without a lawyer present.” Officers must respect this invocation of your rights.
3. Consult an Attorney ASAP
   As soon as you can make a call, contact a skilled criminal defense attorney. Their immediate involvement can help you navigate the complexities of the criminal justice system and protect your interests.

Why Early Legal Representation Matters

Once you’re arrested, critical decisions about bail, charges, and evidence happen quickly. Having an attorney from the outset can:

• Argue for a lower bond or other favorable release conditions.
• Ensure police respect your constitutional rights.
• Prevent incriminating statements that could be used against you later.

Reach Out to a Prescott Criminal Defense Lawyer Right Away

If you or a loved one is taken into custody in Prescott or the surrounding region, contacting an attorney immediately can significantly impact the outcome of the case. At Ted Law, we bring the experience and dedication needed to guide you through the earliest—and often most critical—phases of your criminal proceedings. We tailor our defense strategies to each client’s unique circumstances and needs.

Call (928) 776-1782 or reach out online for a free consultation. Let’s talk about your situation and how we can protect your rights from day one.

 

Were Your Miranda Rights Violated in Prescott? Here’s What You Need to Know
Ted Law | Prescott Criminal Defense Attorney

Imagine an America where law enforcement holds absolute power, and citizens have little recourse to protect themselves. Though this may sound extreme, if you’ve ever been in a tense situation with the police in Prescott or anywhere in Yavapai County, you know how important it is to have your Miranda rights upheld. Unfortunately, Miranda rights are sometimes ignored or violated. When that happens, you can use it as part of a robust defense strategy.

Below is an overview of what Miranda rights are, how they apply in Arizona, and how Ted Law can help if your rights were overlooked or denied.

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1. What Are Miranda Rights in Yavapai County?

Miranda rights stem from the U.S. Supreme Court case Miranda v. Arizona (1966). These rights require law enforcement to inform individuals in custody about:

1. Their right to remain silent.

   • Anything you say can be used against you in court.

2. Their right to legal counsel.

   • You have the right to an attorney—even if you cannot afford one.

Purpose of Miranda Rights

These rights protect citizens from compelled self-incrimination under the 5th Amendment and ensure equal protection under the 6th Amendment. When officers interrogate you without first reading these rights, any statements or evidence they obtain may be excluded or “suppressed” in court.

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2. When Do Miranda Rights Apply?

Generally, police must read you your rights if:

• You’re in custody (meaning a reasonable person would not feel free to leave).
• They’re about to interrogate you or ask questions designed to get an incriminating response.

Examples of Custodial Situations

• Being handcuffed and placed in the back of a squad car.
• Being told you are under arrest or otherwise unable to leave.

If either or both factors (custody + interrogation) aren’t present, Miranda warnings may not be required.

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3. Common Crimes Requiring Miranda Warnings

Miranda warnings can apply to any alleged criminal activity in Arizona, such as:

• Drug crimes
• Sex crimes
• Violent crimes
• Domestic violence
• White-collar crimes
• Property crimes
• Hate crimes

However, if you’re not in custody—for instance, a simple traffic stop—police do not need to read you your rights unless they escalate the situation into a custodial interrogation.

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4. Exceptions and Limitations

A. Situations Where Police Need Not Read Miranda

• Public Safety Questions: Officers may ask quick questions to ensure no imminent threat.
• Standard Booking Information: Requesting your name and address doesn’t require a Miranda warning.
• Informant Conversations: If police use an informant to gather info from a suspect in jail, it may not count as formal interrogation.
• Routine Traffic Stops: A brief traffic stop is typically considered non-custodial unless it evolves into a more formal arrest scenario.

B. When Evidence Is Still Admissible Despite a Violation

• Public Safety: If answers are given to protect the public from immediate danger, they can be admissible.
• Witness Discovery: Even if Miranda warnings were not given, police might identify new witnesses who can lawfully testify.
• Tangible Evidence: Physical items found may be admissible if they would have been “inevitably discovered” by lawful means.
• Impeachment: Incriminating statements—even if obtained unlawfully—may be used later if you testify and contradict those statements at trial.

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5. Determining If Your Rights Were Violated

1. Custody: Would a reasonable person in your situation believe they were free to leave?
2. Interrogation: Were the police asking pointed questions likely to elicit incriminating responses?
3. No Miranda Warning: Did officers fail to inform you of your right to remain silent and your right to counsel before questioning?

If both custody and interrogation occurred without proper Miranda warnings, any statements or evidence directly obtained might be excluded. However, keep in mind that exclusion is not automatic; you or your attorney must raise the issue.

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6. “Why Didn’t Police Read Me My Rights?”

You might not have been “Mirandized” because:

• Officers deemed it a non-custodial interaction.
• They only asked simple or clarifying questions, not an interrogation.
• They believed an exception applied (e.g., urgent public safety concerns).

Regardless, don’t assume the police acted lawfully. Consult with a Prescott criminal defense lawyer to verify whether the omission of Miranda warnings was permissible.

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7. How a Miranda Violation Affects Your Defense

A violation could result in:

• Motions to Suppress Evidence: Any confessions or information gleaned during the unlawful interrogation can be excluded.
• Possible Dismissal of Charges: If critical evidence is thrown out, the State’s case may collapse.
• Leverage in Plea Bargains: Reduced evidence often means a weaker prosecution, giving you more room to negotiate.

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8. Contact a Prescott Defense Attorney Today

At Ted Law, we’re dedicated to protecting your constitutional rights. If you suspect your Miranda rights were violated, our team will:

1. Investigate Your Arrest
   • Review bodycam footage, police reports, and witness statements.
2. File Necessary Motions
   • Motion to suppress or exclude any illegally obtained evidence.
3. Fight for the Best Outcome
   • Whether it’s case dismissal, reduced charges, or a plea deal, we’ll pursue the path that benefits you most.

Call (928) 776-1782 or reach out online for a free consultation. We’ll evaluate your situation, explain your legal options, and work to build a solid defense on your behalf.

Few criminal charges sound as severe as “assault.” It suggests significant harm to someone’s safety and wellbeing. However, in Arizona, simple assault is often treated as a misdemeanor. The more serious aggravated assault charge arises when additional circumstances “aggravate” a simple assault. Here’s what you need to know about aggravated assault in Prescott and how you can protect your rights if you’re facing charges.

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1. What Constitutes “Simple Assault” in Arizona?

Under A.R.S. § 13-1203, an assault can occur if someone:

1. Intentionally, knowingly, or recklessly causes physical injury to another person.
2. Intentionally places another in reasonable apprehension of imminent physical injury.
3. Knowingly touches another person with the intent to injure, insult, or provoke.

These actions typically result in misdemeanor charges. But if additional, aggravating factors are present, the charge escalates to aggravated assault.

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2. When Does an Assault Become “Aggravated”?

A.R.S. § 13-1204 outlines various conditions that can elevate a simple assault to aggravated assault, including:

1. Serious Physical Injury
   • Causing substantial harm that goes beyond minor bruises or scrapes.
2. Use of a Deadly Weapon or Dangerous Instrument
   • Even a simulated deadly weapon can trigger aggravated charges.
3. Significant Bodily Harm
   • Temporary but substantial disfigurement or loss/impairment of a body part.
4. Restraint or Reduced Capacity to Resist
   • If the victim was bound or their capacity to fight back was significantly impaired.
5. Home Invasion
   • Entering someone else’s private residence intending to commit assault.
6. Age Factors
   • If the alleged assailant is 18 or older and the victim is under 15.
7. Violation of an Order of Protection
   • Any prohibited contact or physical act while under a restraining order.
8. Status of the Victim
   • Examples include peace officers, firefighters, teachers, healthcare workers, prosecutors, code enforcement officers, or park rangers acting in their official duties.
9. Choking or Strangulation
   • Intentionally restricting another person’s breathing or blood circulation.
10. Custody Situations

• If the assault occurs while the defendant is in prison or under correctional supervision, and the victim is working in an official capacity within that facility.

Any one of these factors can turn a misdemeanor assault into a felony charge.

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3. Potential Consequences of an Aggravated Assault Conviction

All forms of aggravated assault in Arizona are felonies, which means:

• Possible Prison Sentences
  • May include mandatory prison terms for certain offenses.
• Extended Probation
  • Upon release, probation conditions can be lengthy and restrictive.
• Long-Term Impact
  • Felony convictions can affect employment, housing, loans, and other essentials.

Even a lesser felony designation can create major roadblocks for your future.

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4. Facing Aggravated Assault Charges in Prescott?

If you’re accused of aggravated assault, do not navigate this alone. A felony conviction can devastate your life—jeopardizing your job, finances, and personal relationships. You need a proactive, experienced legal team on your side.

Why Choose Ted Agnick?

Ted Agnick, DUI & Criminal Attorney, has handled a wide range of assault cases, including complex aggravated assault charges. Our team knows how to:

1. Examine the Evidence
   • Look at police reports, witness statements, and any available surveillance.
2. Identify Defenses
   • Could self-defense or defense of others apply? Was there a misunderstanding or lack of intent?
3. Negotiate or Fight in Court
   • We aim to reduce or dismiss charges, or build a strong courtroom defense if needed.

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5. Take Action Today

Call (928) 776-1782 or visit our office at 140 N Montezuma Street, Prescott, AZ 86301. We offer a FREE CONSULTATION, so you can discuss your situation confidentially and learn how we can help. The sooner you act, the better your chances of achieving the best possible outcome.

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Disclaimer: This content is provided for general informational purposes and should not be considered legal advice. For counsel specific to your circumstances, please consult a qualified attorney.

Recent federal announcements aiming to curb what’s called an “epidemic” of youth e-cigarette use may soon lead to stricter regulations—and potentially new criminal enforcement—on the sale of flavored vape products. While the exact scope of these forthcoming FDA policies remains unclear, one thing is certain: Arizona already has broad, stringent laws regarding the sale of tobacco products (including e-cigarettes) to minors.

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Arizona’s Tough Stance on Selling Tobacco to Minors

Under A.R.S. § 13-3622, it’s a petty offense for anyone to sell, give, or otherwise provide tobacco—whether cigarettes, chewing tobacco, snus, or any “vapor product”—to a minor. Arizona law makes no distinction between flavored and non-flavored tobacco; all nicotine-derived products fall under the same umbrella. The consequences can include:

1. Fines and Penalties: Both individual clerks and the establishments they work for can be penalized.
2. Licensing Difficulties: Businesses found in violation may face obstacles when renewing or maintaining operational licenses.
3. Broad Accountability: Store owners, employees, and even the corporations behind them can be held responsible for illegal sales.

With the federal government’s push to remove certain e-cigarettes from store shelves, Arizona’s preexisting rules could intersect with new federal regulations in ways that make compliance even more complicated.

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Why It Matters to Arizona Businesses

• Higher Enforcement: The FDA’s policy changes might inspire more aggressive state or local checks on vaping product sales.
• Legal Exposure: Small shops, larger chains, and individual clerks risk fines, licensing issues, or other penalties.
• Uncertain Future: As rules evolve, misunderstanding or accidentally violating them can trigger costly legal battles.

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Protecting Yourself or Your Business

If you or your company face accusations of selling tobacco or e-cigarettes to a minor, don’t wait to act:

1. Seek Legal Counsel Immediately
   • A knowledgeable attorney can help interpret the relevant Arizona statutes and any emerging federal guidelines.
2. Review Your Policies
   • Make sure employees know how to verify age correctly and maintain compliance with local and federal laws.
3. Respond Quickly to Allegations
   • Early intervention can significantly reduce the risk of severe penalties or license suspensions.

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Talk to a Prescott Criminal Defense Attorney Today

At Ted Agnick | DUI & Criminal Attorney, we understand how seemingly small infractions—like an employee mistakenly selling a vape product—can create big headaches for local businesses. Our team has experience defending individuals and companies against Arizona’s stringent underage tobacco laws, and we stand ready to help you navigate the complexities of new federal e-cigarette policies.

• Location: 140 N Montezuma Street, Prescott, AZ 86301
• Call Now: (928) 776-1782
• FREE CONSULTATION: Protect your rights, your business, and your license by speaking with us at no cost.

We’re here to guide you through every step of the legal process and to develop a defense strategy tailored to your situation. Contact us today to learn how we can help.