Simpson's lawyer said he will make a plea for Simpson's release after his arraignment Wednesday, a day after prosecutors charged him with 11 criminal offenses, including first-degree kidnapping, which carries the possible life sentence. The charges are tied to a confrontation in a Las Vegas hotel room last week in which Simpson said he tried to reclaim sports memorabilia.
He has been held since Sunday in protective custody in a single 7-foot by 14-foot jail cell in a unit with 36 other inmates, separated from more than 3,000 other detainees in the downtown Las Vegas jail, police said.
Simpson's lawyer, Yale Galanter, said he planned to ask for Simpson's release on his own recognizance.
"We intend to vigorously represent Mr. Simpson on all charges. We believe ultimately he will be found not guilty," Galanter said. He refused to comment further on the charges announced Tuesday.
Nevada law gives Justice of the Peace Ann Zimmerman wide discretion setting bail and conditions for release, said Justice of the Peace Tony Abbatangelo, a supervisory judge who is not involved in the Simpson case.
"Under Nevada Revised Statutes, you're entitled to bail unless it's a capital case," Abbatangelo said.
CBS News legal analyst Andrew Cohen reports that under Nevada law, the crime of kidnapping is defined merely as confining someone against their will.
"Most people think kidnapping is when you take someone from Point A to Point B," Cohen says. "But in many states, including Nevada, kidnapping is more broadly defined to include confining someone against their will for a time, which is what the district attorney now alleging occurred during that so-called burglary."
The crimes Simpson and the other men are charged with will carry hefty sentences and therefore, will "put pressure on defendants who might be leaning toward turning on each other in exchange for a plea deal," Cohen says.