Las Vegas Justice Court "Bail Schedule" and Procedures
(Explained by Nevada criminal defense lawyers)


Most defendants charged with a crime in Las Vegas Justice Court (LVJC) are eligible to be released on bail in Nevada pending the outcome of the case. The bail amount depends on the specific category of crime the defendant is accused of.

The official Las Vegas Justice Court bail schedule is as follows (current as of May 26, 2015):

LVJC bail schedule

Defendants can always request a Nevada bail hearing, where the judge can decide to reduce the amount. Sometimes judges grant own recognizance ("OR") release, where the defendant can be released and pay nothing at all.

Other times judges deny bond altogether and order that the defendant remain in custody pending the outcome of the case. This typically occurs when:

  • the defendant is a flight risk or has a history of missed court appearances,
  • the charge the defendant is facing is particularly serious (such as the Nevada crime of murder), or
  • the defendant may be violent

In order to post bail for people being prosecuted in the LVJC, consider using a bondsman or else pay at the Clark County Detention Center (CCDC). The CCDC is located across from the LVJC at 330 South Casino Center Drive, Las Vegas, NV 89101.

The CCDC accepts payments by either:

  • cash
  • cashier's check
  • money order
  • Visa or MasterCard

In this article, our Las Vegas Nevada criminal defense attorneys elaborate on the Las Vegas Justice Court bail schedule and how it operates. Click on a topic below to jump directly to that section.

RJC
Nevada defendants charged in Las Vegas Justice Court can always request a bond hearing to argue for lower bail or an O.R. release.

1. Bail for category A felonies in LVJC

There is no set bail amount for people charged in Las Vegas Justice Court with a category A felony in Nevada.

Prosecutors usually urge judges to deny bond and order that the defendant remain in custody during the case because category A felonies are the most serious class of crime. If the judge does grant bail, the amount is often prohibitively high and may prevent poorer defendants from bailing out anyway.  

2. Bail for category B felonies in LVJC

The bail amount for people charged in Las Vegas Justice Court with a category B felony in Nevada depends on the specific charges and the maximum term of imprisonment.

Since category B felonies are the second most serious class of Nevada felonies (after category A felonies), the judge typically sets bond in the tens of thousands if not higher. And prosecutors often ask the judge to deny bond completely.

2.1. Attempted category A felony

sign
Felonies carry higher bond amounts than misdemeanors in Nevada.

There is no set bail amount for people charged with the Nevada crime of attempt of a category A felony. The judge decides on a bond amount during the bail hearing.

2.2. DUI resulting in substantial bodily harm or death

There is no set bail amount for people charged with the Nevada crime of DUI causing death or substantial bodily injury. The judge decides on a bond amount during the bail hearing.

2.3. The maximum term of imprisonment is greater than 10 years

$20,000 is the bail amount for people charged with Nevada crimes that carry a maximum prison term of more than ten (10) years. But as discussed above, there is no standard bond amount for people facing either:

  1. attempted category A felony charges, or
  2. DUI with death or injury charges

2.4. A third or subsequent DUI

$20,000 is the bail amount for people charged with the Nevada crime of a third or subsequent DUI.

2.5. The maximum term of imprisonment is 10 years

$10,000 is the bail amount for people charged with category B felonies that carry a maximum ten (10) years in prison.

2.6. The maximum term of imprisonment is less than 10 years

$5,000 is the bail amount for people charged with category B felonies that carry a maximum prison term of less than ten (10) years. But there is one exception, as discussed above: A third-time (or successive) DUI carries $20,000 in bail.

3. Bail for category C felonies in LVJC

man hitting woman and child
Felony battery domestic violence carries higher bail than other Nevada crimes of the same class.

$5,000 is the bail amount for people charged in Las Vegas Justice Court with a category C felony in Nevada. But there is an exception:

$15,000 is the standard bond amount for people charged with the Nevada crime of battery domestic violence (BDV) and either:

  • the defendant strangled the victim; or
  • the victim sustained substantial bodily harm; or
  • it is the defendant's third or subsequent BDV charge in seven (7) years, and the defendant used no deadly weapon

4. Bail for category D felonies in LVJC

$3,000 is the bail amount for people charged in Las Vegas Justice Court with a category D felony in Nevada.

5. Bail for category E felonies in LVJC

$3,000 is the bail amount for people charged in Las Vegas Justice Court with a category E felony in Nevada.

6. Bail for gross misdemeanors in LVJC

$2,000 is the bail amount for people charged in Las Vegas Justice Court with a gross misdemeanor in Nevada.

7. Bail for misdemeanors in LVJC

$1,000 is the bail for people charged in Las Vegas Justice Court with a misdemeanor in Nevada. But there are four exceptions:

  1. the Nevada crime of a DUI first carries a bail of $2,000;
  2. first-time misdemeanor battery domestic violence carries a bail of $3,000;
  3. the Nevada crime of DUI second carries a bail of $5,000;
  4. second-time misdemeanor battery domestic violence carries a bail of $5,000
gavel
Even misdemeanor-level charges of violating a restraining order carry a bail amount of $15,000.

8. Bail for violations of a protection order in LVJC

$15,000 is the bail amount for people charged with the Nevada crime of violating a protection order (a.k.a. restraining order). It does not matter whether the charge is prosecuted as a felony or a misdemeanor.

9. Bail enhancements in LVJC

The standard bail amount in Las Vegas Justice Court gets doubled if any of the following circumstances apply to the case:

  • the crime was a felony that allegedly happened on school property or at a school activity (NRS 193.161);
  • the crime was a felony, and the defendant allegedly used a child for assistance (NRS 193.162);
  • the defendant allegedly used a handgun in the commission of the crime, and it contained metal penetrating bullets (NRS 193.163);
  • the defendant allegedly used a deadly weapon in the commission of the crime (NRS 193.165);
  • the crime was a felony allegedly done in violation of a protection order (NRS 193.166);
  • the victim was at least 60-years old or a vulnerable person (NRS 193.167);
  • the crime was a Nevada hate crime (committed allegedly because of the victim's race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression) (NRS 193.1675);
  • the crime was a felony allegedly done in furtherance of Nevada gang activities (NRS 193.168);
  • the crime was a felony allegedly done as an act of terrorism (NRS 193.1685);
  • the defendant is making methamphetamine (or possessing or selling ingredients to be made into meth) in a dangerous or fatal way, and crime is allegedly occurring near a school, place of worship, residence, or park (NRS 453.3351);
  • the defendant is manufacturing drugs, and another person suffers substantial bodily harm as a result of discovering or cleaning up the drugs (NRS 453.3353); or
  • the defendant was transporting, dispensing, making, or selling a controlled substance, and either:
    • the defendant allegedly failed to seek help or render aid to a person who was injured or died from the drugs (NRS 453.3335); or
    • the defendant was allegedly on or near school grounds (NRS 453.3345)

Note that bond does not double when the aforementioned enhancements are an element of the underlying crime itself. For example:

Example: David gets arrested for the Nevada crime of recruiting people to join a gang. It is a category E felony, carrying a $3,000 bail amount. David would not be subject to the gang activity enhancement under NRS 193.168 because the underlying recruitment offense already comprises gang activity. Therefore, the standard bail would remain set at $3,000 and would not double to $6,000.

Had David in the above example recruited gang members on school property, then David would get his bail doubled. This is because being at a school (an enhancement under NRS 193.161) is not an element of the underlying gang recruitment crime.

10. Bail hearings and posting bail

gavel handcuffs
A defendant's bail can always be reconsidered by the judge throughout the course of the criminal case.

A Nevada bail hearing is when a defense attorney appears in court to ask the judge to either:

  1. release the defendant without bond ("OR release"),
  2. lessen the bond amount (making it easier for the defendant to raise the necessary funds to secure release), or
  3. reconsider granting bond if the judge originally ordered that the defendant be held in custody without bail

Defendants can file motions with the court to request a special bail hearing, or they can ask the judge to reconsider bail during other court hearings (such as a Nevada arraignment). Bail hearings can be short or long, depending on the amount of evidence both sides wish to present to the judge.

Obviously, judges are more likely to lower bail if the defendant has no prior criminal record and is not deemed a safety- or flight risk.

10.1. Procedure for posting bail for LVJC defendants

In order to post bail for a defendant facing charges in Las Vegas Justice Court, go to the Clark County Detention Center's (CCDC) and locate the Pretrial Services Bail Bond window. The jail is located in downtown Las Vegas at 330 South Casino Center Drive, Las Vegas, NV 89101.

The Pretrial Services window is open every day 24/7, and it is to the right of the Visiting and Information Booth. Bring a $50 filing fee along with the bond payment. The CCDC accepts four types of payment:

  1. Cash (full and exact amount in U.S. currency up to $10,000).
  2. Cashier's check made out to "Las Vegas Justice Court." It should also show the full name and inmate identification number of the person in custody. (CCDC does not accept personal checks.)
  3. Money order made out to "Las Vegas Justice Court." It should show the name and inmate ID number of the person being bailed out.
  4. Visa or MasterCard (up to $10,000)

Otherwise, people can post bail using a bail bondsman. Bail bondsmen typically charge 10% of the total bail. For more information, refer to our article, "How Do I Bail Out an Inmate in Las Vegas, Nevada?"

Note that the CCDC is across the street from the Las Vegas Justice Court. The LVJC is located in the Regional Justice Center at 200 Lewis Avenue, Las Vegas, NV 89101. The Criminal Division of the Las Vegas Justice Court has jurisdiction over:

To contact the LVJC's Criminal Division, call (702) 671-3201. To contact the CCDC Pretrial Services, call (702) 671-3285.

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If you or someone you know has been arrested in Nevada and needs help with navigating the bail process, our caring Las Vegas criminal defense lawyers are ready to help you 24/7. We defend clients throughout the state facing all kinds of charges, from drugs, DUI, and theft to violent and white-collar crimes.

To schedule a free consultation with one of our experienced Nevada criminal lawyers, call us at 702-DEFENSE (702-333-3673) or fill out the form on this page. One of our Nevada criminal defense attorneys will get back to you promptly to discuss your case and how to fight the charges.


Legal References

NRS 178.484  Right to bail before conviction; exceptions; imposition of conditions; arrest for violation of condition.

      1.  Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.

      2.  A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail;

      (b) The State Board of Parole Commissioners directs the detention facility to admit the person to bail; or

      (c) The Division of Parole and Probation of the Department of Public Safety directs the detention facility to admit the person to bail.

      3.  A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail; or

      (b) A department of alternative sentencing directs the detention facility to admit the person to bail.

      4.  A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

      5.  A person arrested for a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who is under the influence of intoxicating liquor must not be admitted to bail or released on the person's own recognizance unless the person has a concentration of alcohol of less than 0.04 in his or her breath. A test of the person's breath pursuant to this subsection to determine the concentration of alcohol in his or her breath as a condition of admission to bail or release is not admissible as evidence against the person.

      6.  A person arrested for a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who is under the influence of a controlled substance, is under the combined influence of intoxicating liquor and a controlled substance, or inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle or vessel under power or sail must not be admitted to bail or released on the person's own recognizance sooner than 12 hours after arrest.

      7.  A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours after arrest. If the person is admitted to bail more than 12 hours after arrest, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

      (a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation;

      (b) Five thousand dollars, if the person has:

             (1) No previous convictions of battery that constitute domestic violence pursuant to NRS 33.018, but there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or

             (2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or

      (c) Fifteen thousand dollars, if the person has:

             (1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or

             (2) Two or more previous convictions of battery that constitute domestic violence pursuant to NRS 33.018.

--> The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court, or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

      8.  A person arrested for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or for violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or for violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 must not be admitted to bail sooner than 12 hours after arrest if:

      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

      (b) The person has previously violated a temporary or extended order for protection of the type for which the person has been arrested; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

             (1) A concentration of alcohol of 0.08 or more in the person's blood or breath; or

             (2) An amount of a prohibited substance in the person's blood or urine, as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.

      9.  If a person is admitted to bail more than 12 hours after arrest, pursuant to subsection 8, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

      (a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;

      (b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; or

      (c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378.

--> The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378, if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

      10.  The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

      11.  Before releasing a person arrested for any crime, the court may impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation:

      (a) Requiring the person to remain in this State or a certain county within this State;

      (b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on the person's behalf;

      (c) Prohibiting the person from entering a certain geographic area; or

      (d) Prohibiting the person from engaging in specific conduct that may be harmful to the person's own health, safety or welfare, or the health, safety or welfare of another person.

--> In determining whether a condition is reasonable, the court shall consider the factors listed in NRS 178.4853.

      12.  If a person fails to comply with a condition imposed pursuant to subsection 11, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

      (a) Deem such conduct a contempt pursuant to NRS 22.010; or

      (b) Increase the amount of bail pursuant to NRS 178.499.

      13.  An order issued pursuant to this section that imposes a condition on a person admitted to bail must include a provision ordering any law enforcement officer to arrest the person if the officer has probable cause to believe that the person has violated a condition of bail.

      14.  Before a person may be admitted to bail, the person must sign a document stating that:

      (a) The person will appear at all times and places as ordered by the court releasing the person and as ordered by any court before which the charge is subsequently heard;

      (b) The person will comply with the other conditions which have been imposed by the court and are stated in the document; and

      (c) If the person fails to appear when so ordered and is taken into custody outside of this State, the person waives all rights relating to extradition proceedings.

--> The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

      15.  If a person admitted to bail fails to appear as ordered by a court and the jurisdiction incurs any cost in returning the person to the jurisdiction to stand trial, the person who failed to appear is responsible for paying those costs as restitution.

      16.  For the purposes of subsections 8 and 9, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

      17.  As used in this section, “strangulation” has the meaning ascribed to it in NRS 200.481.

NRS 178.4851  Release without bail; imposition of conditions; arrest for violation of condition.

      1.  Upon a showing of good cause, a court may release without bail any person entitled to bail if it appears to the court that it can impose conditions on the person that will adequately protect the health, safety and welfare of the community and ensure that the person will appear at all times and places ordered by the court.

      2.  In releasing a person without bail, the court may impose such conditions as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation, any condition set forth in subsection 11 of NRS 178.484.

      3.  Upon a showing of good cause, a sheriff or chief of police may release without bail any person charged with a misdemeanor pursuant to standards established by a court of competent jurisdiction.

      4.  Before a person may be released without bail, the person must file with the clerk of the court of competent jurisdiction a signed document stating that:

      (a) The person will appear at all times and places as ordered by the court releasing the person and as ordered by any court before which the charge is subsequently heard;

      (b) The person will comply with the other conditions which have been imposed by the court and are stated in the document;

      (c) If the person fails to appear when so ordered and is taken into custody outside of this State, the person waives all rights relating to extradition proceedings; and

      (d) The person understands that any court of competent jurisdiction may revoke the order of release without bail and may order the person into custody or require the person to furnish bail or otherwise ensure the protection of the health, safety and welfare of the community or the person's appearance.

      5.  If a jurisdiction incurs any costs in returning a person to the jurisdiction to stand trial, the person failing to appear is responsible for paying those costs as restitution.

      6.  An order issued pursuant to this section that imposes a condition on a person who is released without bail must include a provision ordering a law enforcement officer to arrest the person if the law enforcement officer has probable cause to believe that the person has violated a condition of release.

NRS 178.4853  Factors considered before release without bail.  In deciding whether there is good cause to release a person without bail, the court at a minimum shall consider the following factors concerning the person:

      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.

NRS 178.4855  Limitations on release without bail of certain defendants who are taken into custody while admitted to bail on other charges; notice to bail agent required.  A defendant charged with the commission of a category A or B felony who is admitted to bail on a surety bond and who:

      1.  While admitted to bail, is taken into custody in the same jurisdiction in which the defendant was admitted to bail and is charged with the commission of another category A or B felony; and

      2.  Is ordered to be released from custody without bail,

--> must not be released from custody pursuant to NRS 178.4851 until the law enforcement agency that conducted the initial booking procedure for the defendant for the subsequent felony has notified the bail agent that issued the surety bond of the release of the defendant.

NRS 178.486  When bail is matter of discretion, notice of application must be given to district attorney.  When the admission to bail is a matter of discretion, the court, or officer by whom it may be ordered, shall require such notice of the application therefor as the court or officer may deem reasonable to be given to the district attorney of the county where the examination is had.

NRS 178.487  Bail after arrest for felony offense committed while on bail.  Every release on bail with or without security is conditioned upon the defendant's good behavior while so released, and upon a showing that the proof is evident or the presumption great that the defendant has committed a felony during the period of release, the defendant's bail may be revoked, after a hearing, by the magistrate who allowed it or by any judge of the court in which the original charge is pending. Pending such revocation, the defendant may be held without bail by order of the magistrate before whom the defendant is brought after an arrest upon the second charge.

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