19 - If the judge said I’m non-bondable, is there anything I can do to get out of custody while my charges are pending?
In the state of Arizona, certain enumerated criminal offenses are non-bondable. This
means that the judge must hold you in custody for the duration of your case.
By law, the judge cannot give you a bond or release you on your own recognizance. However, pursuant to Simpson, your attorney can request a Simpson Hearing. A Simpson Hearing is a hearing which requires the state to present evidence to establish “proof evident, presumption great” that the crime was committed. If the state cannot meet this burden, the judge can give you a bond.
You charges will not be dismissed, but you will be allowed to remain out of custody on bond until your case is resolved. While on bond, you must comply with the terms and conditions of your release or your bond will be revoked and you will be taken into custody.