Misconceptions about criminal bonds lead to millions forfeited or unclaimed

Ann A. Scott Timmer, Judge
Ann A. Scott Timmer, Judge
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From January to June 2025, the Clerk of Superior Court in Maricopa County received $15.6 million in criminal bond money, but only $12.7 million was released back to defendants or those who posted bonds on their behalf. The remainder is either still tied up in ongoing cases, has been forfeited, or remains unclaimed.

Bonds serve as a defendant’s promise to appear at all future court hearings after an arrest. If the court orders a bond and it is posted, the individual can be released from jail pending trial. However, if a defendant fails to appear for any scheduled hearing, the court may forfeit the posted bond.

“In most instances, once a bond is posted it can be returned when the case is resolved,” said Nicole Garcia, Criminal Court Administrator. “Defendants should never assume their bond is gone. Staying in touch with your attorney and the Court when a situation arises makes all the difference in keeping your bond or losing it. Fulfilling your obligation to the Court ensures that the bond posted will be returned. It is important to keep all your court appearances and follow the release conditions.”

Over the past two years, more than $4.5 million in bonds have been forfeited by defendants who paid directly to the Clerk’s office—this figure does not include amounts processed through third-party bail bonding companies.

“The Court would like to clear up any confusion the public may have regarding bonds that have been posted,” Garcia said. “A big misconception people have when posting a bond is that the bond is returned if the defendant appears for their first hearing. But the bond stays in place until the case is closed.”

Defendants are advised to check their bond status regularly and comply with all instructions from the court regardless of whether charges are filed or not filed in their case. Motions to Exonerate Bond are available at both the Superior Court Law Library Resource Center and online; processing these motions typically takes between 60 and 120 days depending on circumstances.

Once all requirements are met, bonds are refunded via check mailed to whoever posted them—making it essential for individuals to ensure their current address is on file with the court.

After civil rights restoration following completion of sentencing requirements, individuals must complete new voter registration forms before they can vote again; questions about this process should be directed to the Maricopa County Recorder’s Office.

For more information about criminal procedures or bonds, individuals can visit the Judicial Branch Criminal Department.



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