Bail is set. Now you need to decide how to pay for it. You have two main options in Arizona: post the full amount yourself (cash bail) or hire a bail bondsman (bail bond). Each works differently, costs differently, and comes with its own risks.
How Cash Bail Works in Arizona
Cash bail means you pay the entire bail amount directly to the court. If bail is set at $10,000, you pay $10,000. If it’s $50,000, you pay $50,000.
You can pay cash bail in person at the jail, at the courthouse, or online through the Maricopa County Superior Court payment portal. The court accepts cash, cashier’s checks, money orders, and credit cards (though credit card payments may include processing fees).
Once you post cash bail, your family member is released from custody. The money stays with the court until the case ends.
What Happens to Your Cash Bail Money?
If the defendant appears at every single court date, the full bail amount is returned when the case concludes.
This is true whether they’re found guilty, not guilty, or the case is dismissed.
However, the court can deduct:
- Court fees
- Fines
- Restitution owed to victims
- Public defender costs (if applicable)
For example, if you posted $10,000 cash bail and the defendant is convicted and ordered to pay $2,500 in fines and fees, you’ll get back $7,500.
If the defendant misses even one court appearance, the bail is forfeited. You lose the entire amount.
How Bail Bonds Work in Arizona
A bail bond is when you hire a licensed bail bondsman to post bail on your behalf. Instead of paying the full bail amount, you pay the bondsman a non-refundable premium.
Arizona law caps this premium at 10% of the total bail amount under ARS § 20-340. Some bondsmen charge less for certain cases, but 10% is standard.
For example:
- Bail is $10,000, you pay the bondsman $1,000
- Bail is $50,000, you pay the bondsman $5,000
- Bail is $100,000, you pay the bondsman $10,000
The bondsman then posts a surety bond with the court guaranteeing the full bail amount. Your family member is released from custody.
What Happens to the Bondsman’s Fee?
The premium you pay to the bondsman is non-refundable. You never get that money back, even if:
- The case is dismissed
- The defendant is found not guilty
- All charges are dropped
- The defendant appears at every court date
The 10% premium is the cost of using the bondsman’s service. Think of it like an insurance premium. You’re paying for the bondsman to assume the financial risk.
What If the Defendant Misses Court?
If the defendant fails to appear at a required hearing, the court issues a bench warrant and declares the bond forfeited.
The bondsman is now on the hook for the full bail amount. The bondsman must act quickly to either:
- Locate the defendant and bring them back to court
- Prove the defendant’s absence was beyond their control
- Pay the full bail amount to the court
This is why bondsmen require collateral (like a car title or property deed) for high bail amounts. If they can’t find the defendant, they can seize that collateral to cover their loss.
Cash Bail vs. Bail Bonds: Side-by-Side Comparison
Here’s how the two options compare using a $20,000 bail amount:
| Cash Bail | Bail Bond | |
| Upfront Cost | $20,000 (full amount) | $2,000 (10% premium) |
| Money Returned | Yes (minus court fees/fines) | No (premium is non-refundable) |
| Net Cost | $0 – $500 if defendant appears | $2,000 (always) |
| Payment Plans | No | Yes (most bondsmen offer plans) |
| Collateral Required | No | Often yes (for high bail amounts) |
| Release Speed | 4-12 hours | 4-12 hours |
| Risk if Defendant Skips | Lose entire $20,000 | Could owe up to $20,000 + lose collateral |
| Who Holds Money | Court | Bondsman posts surety bond |
| Best For | Those with liquid cash available | Those who can’t afford full amount |
When Does Cash Bail Make Sense?
Cash bail is the better option if:
- You have liquid assets or savings to cover the full amount
- You’re confident the defendant will appear at every court date
- You don’t want to pay a non-refundable premium
- You want full control over the process
When Does a Bail Bond Make Sense?
A bail bond is the better option if:
- You don’t have enough cash to cover the full bail amount
- The bail is extremely high ($50,000, $100,000, or more)
- You need your family member released immediately
- You can afford the 10% premium but not the full amount
How Long Does It Take to Get Released?
Cash bail and bail bonds have similar release timelines once payment is processed:
- 4 to 12 hours on weekdays
- 12 to 24 hours on weekends
- Longer during holidays or when jails are overcrowded
Bail bond companies sometimes move slightly faster because bondsmen do this daily and have established relationships with jail staff.
Can You Switch from a Bail Bond to Cash Bail?
Yes, but it’s complicated. If you hired a bail bondsman and later decide you want to post cash bail instead, you’ll need to:
- Get the bondsman to release the bond (they’re not required to do this)
- Pay the court the full cash bail amount
- Wait for the court to process the change
You still won’t get the bondsman’s premium back. That money is gone regardless.
Most people don’t switch once a bond is posted because the 10% premium is already paid and non-refundable.
What If You Can’t Afford Either Option?
If you can’t afford cash bail or the bondsman’s 10% premium, your options are:
- Request a bail reduction hearing (requires hiring a criminal defense attorney)
- Wait for a public defender to argue for lower bail at the arraignment
- Explore property bonds (using real estate as collateral)
- Keep the defendant in custody until trial
A criminal defense attorney can file a motion under Arizona Rule of Criminal Procedure 7.3 arguing that bail is excessive. If successful, the judge may lower bail to an affordable amount.
Which Option Should You Choose?
The decision comes down to three factors:
- Do you have the cash? If yes, cash bail costs less. If no, you need a bondsman.
- How confident are you the defendant will appear? If very confident, cash bail is lower risk. If unsure, a bondsman limits your upfront exposure.
- How long will the case take? If quick resolution expected, cash bail makes sense. If the case drags on for years, tying up $50,000 might not be practical.
There’s no universally right answer. It depends on your financial situation and your level of confidence in the defendant.
Choosing Between Cash Bail and Bail Bonds in Arizona
Cash bail and bail bonds both get your family member out of jail, but they work very differently. One gets your money back. The other doesn’t. One requires tens of thousands upfront. The other requires 10%.
Before you decide, talk to a criminal defense attorney.
At Matthew Lopez Law, we help families make these decisions every day. We know the costs, we know the risks, and we can walk you through every option available in your situation.
Call us for a free consultation. We’ll review the bail amount, explain your options, and help you decide what makes the most financial sense for your family.