Losing bond money in a criminal case could be financially devastating, that’s why it’s vital for members of the public to understand how the process works before posting a bond. A growing number of defendants are forfeiting their bonds or walking away from large sums of money that could potentially be returned to them.
From January to June of 2025, the Clerk of Superior Court received $15.6 million in criminal bond money with only $12.7 million released back to defendants, friends or family. The remaining money in the Clerk’s possession is either tied up in an active case, forfeited or left unclaimed.
Bonds in criminal matters are a defendant’s promise to appear at all future court hearings. When a person is arrested, the Court imposes release conditions at their initial appearance. If the Court orders the payment of a bond, the person will remain in jail until the bond is posted. At any time if a defendant fails to appear for a hearing, the Court can 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.”
In the past two years, defendants have forfeited more than $4.5 million in bonds with the Maricopa County Clerk of Superior Court. That number reflects defendants who paid their full bond directly to the Clerk’s office and excludes those who used a third party or bail bonding company.
“The Court would like to clear up any confusion the public may have regarding bonds that have been posted,” said Garcia. “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.”
Whether charges are filed or not filed in a criminal case, it’s important for defendants to always check the status of their bond and follow all directions. Motions to Exonerate Bond can be obtained at the Superior Court Law Library Resource Center or online. The process can take between 60-120 days, depending on the circumstances.
If all steps are completed, bonds are returned in the form of a check and mailed to the bond poster at a later date. To ensure the check is delivered, it’s important to have the correct address on file with the Court.
For questions regarding the criminal process or bonds, please visit the Judicial Branch Criminal Department.