Question 1

How can I bail a person out of jail in Nevada?

Accepted Answer

First locate where the person is incarcerated. Then contact the jail for the most up-to-date information on how and where to post bail. If the bail amount is too high, contact a bail bondsman. Las Vegas bail bonds are big business. Their offices are usually within walking distance of the court and jail.

Question 2

How is the amount of bail determined?

Accepted Answer

The court holds a bail hearing. This is where the prosecution and defense present evidence and arguments for and against imposing bail. The judge considers these factors: 1) The length of residence in the community; 2) The status and history of employment; 3) Relationships with the person’s spouse and children, parents or other family members and with close friends; 4) Reputation, character and mental condition; 5) Prior criminal record, including, without limitation, any record of appearing or failing to appear after release on bail or without bail; 6) The identity of responsible members of the community who would vouch for the reliability of the person; 7) The nature of the offense with which the person is charged, the apparent probability of conviction and the likely sentence, insofar as these factors relate to the risk of not appearing; 8) The nature and seriousness of the danger to the alleged victim, any other person or the community that would be posed by the person’s release; 9) The likelihood of more criminal activity by the person after release; and 10) Any other factors concerning the person’s ties to the community or bearing on the risk that the person may willfully fail to appear. If the judge agrees to release the defendant with no bail, that is called an OR release. Otherwise, the judge may impose bail only if it is necessary: To ensure the defendant will show up to future court proceedings, and to protect community safety, including the victim and victim's family (if any).  The state has the burden to prove to the judge by clear and convincing evidence that bail is necessary. It the court decides to set bail, the judge will consider the above factors as well as the defendant's finances to determine the final bail amount. And judge must say on the record what the court's reasoning is. Sometimes judges refuse to grant bail at all. This typically occurs in murder cases or when the defendant is a flight- or safety risk. Then the defendant remains in custody pending the outcome of the case.

Question 3

Is it possible to get bail reduced?

Accepted Answer

It is possible. The defense attorney can always request another bail hearing. Bail hearings are like mini-trials where both sides can present evidence and arguments. The defense would argue for reducing or eliminating bail. And the prosecutors would argue to keep bail as is. Finally, the judge will make a decision. If the judge holds firm, the defendant can always request another hearing down the line. Note that Las Vegas bail bondsmen are not attorneys. They may not ask for bail hearings and reductions. Only defendants and their lawyers may do this.

Question 4

How does a person get an OR release under Nevada bail laws?

Accepted Answer

OR is short for own recognizance. It is when the judge releases defendants from jail without them having to put up any bail. They just have to promise to show up to future court appearances. Defendants will get OR release unless the state can prove by clear and convincing evidence bail is necessary. Defendants facing minor charges and with no other criminal history are more likely to get OR release. Obviously, people granted OR release do not need Las Vegas bail bonds.

Question 5

What happens if a person violates bail conditions?

Accepted Answer

The judge may order that the defendant be taken into custody for the duration of the case. And the court keeps the bond money forever. This is called bail forfeiture. If the defendant was out on a Las Vegas bail bond - and the judge revokes it - the bondsman will not get that money back from the court. This means the bondsman can take any collateral that was put up to secure the Las Vegas bail bond. But judges have the discretion to offer defendants a second chance and to stay out on bond.

Question 6

What happens if a person makes bail but fails to show up for court?

Accepted Answer

The judge will issue a bench warrant for failing to appear at court. While the warrant is outstanding, the defendant can be arrested at any time. The defense attorney can file a motion to quash the warrant. Then the court would hold a hearing and decide whether the warrant stands. The judge usually agrees to quash (recall) warrants if it was the first-time the defendant missed court.

1. ¿Cómo puedo sacar a una persona de la cárcel en Nevada?

2. ¿Cómo se determina la cantidad de fianza?

3. ¿Es posible reducir la fianza?

4. ¿Cómo obtiene una liberación bajo propia responsabilidad bajo las leyes de fianza de Nevada?

5. ¿Qué sucede si una persona viola las condiciones de la fianza?

6. ¿Qué sucede si una persona hace fianza pero no se presenta a la corte?

7.5. Centro de Detención de Mesquite

7.6. Instalación de Retención Tucker (Centro de Detención de Laughlin)

Llame a un abogado de defensa penal de Nevada…

Referencias Legales

Obtenga ayuda legal rápida ...