In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
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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:
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%.
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;
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.
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:
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*”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.”
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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.
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.