What is the NRS section on conditions of bail?

Posted on September 29, 2020

Gavel with bail sign. — Most defendants are eligible to be released on bail following arrest.

Nevada Revised Statute section 178.484 sets out Nevada’s bail conditions in criminal cases. Most people who get arrested may be released on bail pending the resolution of the case. But the person has to promise to appear at all future mandatory court dates. In addition, the judge will impose certain restrictions on the person. This imposition of conditions may include:

Remaining in the county or state;
Avoiding contact with the alleged victim;
Avoiding going to certain geographic areas (such as the scene of the alleged offense);
Refraining from certain conduct, such as drinking and using controlled substances; and/or
Surrendering the person’s passport (when the defendant is facing felony charges)

Courts return bail at the end of the criminal case. Defendants who cannot afford to pay – or who do not wish to put up the entire amount – may use bail bonds. This is when they hire a bail agent (bondman) to put up the entire amount in exchange for the defendant paying a 15% premium. Then when the case ends, the court returns the entire amount to the bondsman, and the defendant is out the 15%.

Nevada bail considerations

When determining whether bail conditions are reasonable – or whether to release the person on his/her own recognizance (O.R.) without paying bail – the court will consider the following ten factors about the person;

The length of residence in the community;
History of employment and current status;
Relationships with the person’s spouse and children, parents or other family members and close friends;
Reputation, mental condition, and character of the defendant;
Prior criminal record, including any record of appearing or failing to appear after release on bail or without bail;
The identity of responsible members of the community who would vouch for the reliability of the person;
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 odds of the person not showing up to court;
The nature and seriousness of the danger to the alleged victim, any other person, or the welfare of the community that would be posed by the person’s release;
The likelihood of more criminal activity by the person after release; and
Any other factors concerning the person’s ties to the community or bearing on the risk that the person may willfully fail to appear.

All municipal and justice courts in the state of Nevada have a bail schedule that assigns a default bail value to certain offenses or categories of crimes. But judges have the exercise of discretion to deviate from these set amounts.

Defendants can also request a bail hearing at any time to argue for a lower amount of bail, an O.R. release, or a relaxing of conditions. At the hearing, the deputy district attorney would argue to keep the amount as is, to raise it, or to keep the defendant in custody. The court takes into account the financial ability of the defendant, the character of the defendant, and the circumstances of the offense, as well as the above factors. Upon a showing of good cause, the court can grant O.R. release.

Bail rules for specific offenses in Nevada

Nevada offense	Bail rule
Murder of the first degree	In most cases, defendants may not be released on bail and must stay in custody pending the resolution of the case.*
DUI of alcohol	Defendants may not be released on bail until their blood alcohol content (BAC) is less than 0.04%.
DUI of drugs	Defendants may not be released on bail until 12 hours have passed after the arrest.
Battery domestic violence	Defendants may not be released on bail until 12 hours have passed after the arrest.
Violating a protection order	Defendants may not be released on bail until 12 hours have passed after the arrest, if: The arresting officer determines that the person poses a direct or indirect threat of harm; or The person has previously violated a temporary or extended order for protection of the type for which the person has been arrested; or At the time of the alleged violation or within 2 hours after the alleged violation, the person has: A BAC of 0.08% or higher or prohibited quantities of drugs in their blood or urine.
*”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.”

Penalties for violating bail conditions in Nevada

When a defendant commits an alleged violation of conditions of bail, the court must provide the person with notice and a hearing to contest the allegations. Depending on the result of the hearing, the judge may increase the bail amount, find the person in contempt, or revoke bail completely and remand the person back to jail.

If a defendant fails to show up to a court hearing that requires the appearance of the defendant, the judge may issue a bench warrant for failure to appear. It does not matter whether the underlying charge is for a felony, gross misdemeanor, or misdemeanor. While the warrant is outstanding, law enforcement officers / peace officers can arrest him/her at any time.

Legal references and helpful links

NRS 178 – General Provisions.
NRS 178.484 – Right to bail before conviction; exceptions; imposition of conditions; arrest for violation of condition.
NRS 178.4853 – Factors considered before release without bail.
NRS 178.498 – Amount.
NRS 178.499 – Increase in amount.
Nevada Supreme Court
Eighth Judicial District Court
Las Vegas Justice Court
The Nevada Constitution

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.