Arizona Bail Guide
Non-Bailable Offenses in Arizona: When Bail Is Not Allowed
Which offenses are not bailable in Arizona under A.R.S. 13-3961, how a detention hearing works, and what a family can do when bail is denied.
The Statute
A.R.S. 13-3961 provides that a person may not be admitted to bail if the proof is evident or the presumption great that they committed a capital offense, sexual assault, sexual conduct with a minor under 15, or molestation of a child under 15. In those cases the court holds a hearing on whether the proof-evident standard is met.
Detention After a Hearing
The statute also lets the state ask the court to hold a person charged with a felony without bond when it proves by clear and convincing evidence that the person poses a substantial danger to another person or the community and no conditions of release will reasonably assure safety. The hearing happens at or shortly after the initial appearance.
Holds That Act Like No Bond
Separately from 13-3961, a probation violation hold, a parole hold, an immigration detainer or an out-of-county warrant can keep a person in custody even when bail is set on the new charge. These are not 'non-bailable' in the statutory sense, but the practical effect is similar until the hold is addressed.
What a Family Can Do
Hire a defense attorney immediately. The proof-evident hearing and the dangerousness hearing are contested proceedings where the defense can present evidence. If the court later sets a bond, we post it promptly. We will never take a premium when a bond cannot produce a release.
How One Stop Bail Bonds helps. Our licensed agents deal with non-bailable offenses questions every week. Call at any hour and we will confirm the custody location and bail amount from the jail and court records, explain the release conditions in plain language, quote the premium to the dollar, and, if a bond is the right move, take your e-signature and post at the jail while you stay home. If a bond is not the right move, or not possible yet, we will tell you that too. Read how bail bonds work or use the calculator to estimate the cost.
Need a bond now?
Skip the reading. A licensed agent will take it from here, any hour.
Questions
Can bail be denied for a first-degree murder charge?
Yes. Capital offenses are the classic non-bailable category when the proof is evident or the presumption great.
Is domestic violence non-bailable in Arizona?
No. Domestic violence arrestees must be held for an initial appearance, but they are generally bailable unless the court finds grounds for detention after a hearing.
What is a 'no bond' hold?
A notation that the person cannot be released on a bond for a specific reason, such as a probation hold or a court order pending a hearing. Call us and we will explain which applies.