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.
A first-time misdemeanor-level BDV charge typically carries a $3,000 bail. A second-time misdemeanor-level BDV charge typically carries a $5,000 bail. But felony-level BDV charges carry bail amounts of $10,000 or higher.
BDV with a deadly weapon and substantial bodily harm (category B felony)
Can defendants ask for lower bail?
Yes. Defendants can request a bail hearing to ask the judge for a reduction or elimination of the bail. At the hearing, the defense attorney would present arguments for why the judge should lower the amount. And the prosecutor would argue for the bail to remain the same.
Releasing a defendant without bail is called an OR release (short for “own recognizance”). But OR releases are very rare in BDV cases.
Defendants who cannot afford to pay bail or to hire a bail bondsman will remain in custody pending the outcome of the case.
How can I post bail at the Clark County Detention Center (CCDC)?
Once the criminal case is over, the court “exonerates the bond.” This means the court returns the bail money. If the defendant used a bondsman, the court returns the money to the bondsman.
Note that courts return bail money no matter how the case ends. Whether the defendant is acquitted or convicted, the bail eventually gets returned after the case resolves.
How do I fight BDV charges?
It depends on the circumstances of the case. Common defenses include:
The defendant was acting in self-defense. It is legal to fight back in Nevada as long as the defendant was using proportional force and was not the initial aggressor.
The incident was an accident. Hitting someone is criminal only if it is on purpose. Innocent actions do not qualify as battery domestic violence, even if someone ends up getting hurt.
The defendant was falsely accused. Sometimes people falsely accuse each other of domestic abuse out of anger or revenge. And some of these accusers even self-inflict their own injuries to support their story. But medical experts can often distinguish between genuine injuries and self-inflicted ones.
If the “victim” recants his/her story, the D.A. will continue prosecuting the defendant. But if the case reaches trial and the victim does not show, the D.A. may be forced to drop the charge for lack of proof.
About the Author
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.