Criminal Law

questions & answers

Question: If a person on bail is accused of an additional crime, how is additional bail determined?

Answer: The release conditions (bail) for the new crime will be determined in the same way as they were for the original crime. A judicial officer must consider the 15 factors listed in ARS 13-3967(B). Those include, the nature of the crime, the danger posed to the community by the person charged and the victim's position on release. The fact that the person has been charged with a new crime while on release (bail) for a different crime will likely be a factor considered in determining release conditions in the new case. Additionally, if there is probable cause established (through preliminary hearing or indictment) that the person committed the new crime, it is possible that this his release on the first crime will be revoked pursuant to ARS 13-3968(B).