Video: What is a Simpson Hearing in AZ Criminal Courts?
Start Transcript: What is a Simpson Hearing in AZ Criminal Courts?
In the state of Arizona, there are some cases in which an individual may be held without bond. Usually those cases were an individual is held without bond constitute cases where a person is being accused of having some time of sexual relation with an individual under the age of 15. It is a capital case. Or it may involve an individual who does not have legal permission to be here in the United States. There are also some circumstances if you are probation and you commit a new offense, you may be held without bond.
Family members often call me and ask me whether or not there’s any way that their loved one can get out of custody under those circumstances. The answer is it depends. There is a case in the state of Arizona, Simpson V Owens. That case actually does talk about circumstances where if it can be shown that the proof is not evident nor the presumption great that the person committed an offense, that you can under those circumstances get your loved one out of custody.
What has to happen in order to request that Simpson hearing? Basically, it’s a very simple process. Your attorney or your loved ones’ attorney needs to request a Simpson hearing. During that Simpson hearing, it’s a full evidentiary hearing, a judge or a commissioner will be reviewing the evidence that is against your loved one and they will determine whether or not there is a non-proof to believe that a crime was committed; or that the presumption is great that a crime was committed.
During that hearing, you’ll be able to bring in witnesses on your loved one’s behalf. You’ll also be able to have any of the accusers cross examined. Usually, it’s only an officer that will come in and testify. Typically, they’ll be able to bring in hearsay evidence during the Simpson hearing. But nevertheless, that is an opportunity for you to see whether or not you can get your loved one out. Just because you may prevail during a Simpson hearing does not mean that there will not be a bond.
Generally speaking, if a judge determines that there’s not enough proof or not enough evidence against your loved one, they will still under those circumstances ask that your loved one post a bond in order to be out pending the outcome of the case. If you have any questions about your loved one being held non-bondable and you would love to request the Simpson hearing or you want a Simpson hearing requested on their behalf, feel free to give me a call.