Helping Clients in Clark County Understand The Nevada Bail Process
To understand how bail works in Nevada, the offenders or family members should start at the top, where the process begins. If a person has been arrested and needs bail bonds in Nevada, don't worry; it's a very straightforward process with only a few rules to adhere to.
An arrested person is first taken to the police station. After the paperwork, which takes around 2-3 hours, they are sent to see a judge.
The court date and the bail money required to pay will be set.
One may decide to stay in jail until the hearing, which may take days, weeks, or months. There is no need for this option, mainly because there are so many ways to get out of jail in Nevada.
What Are The Four Types of Bail?
1. Own recognizance (OR)
An offender can request to be released on OR. The Court will require a recommendation letter from Nevada Pretrial Services to grant the request. If the OR is approved, there is no bail money required. The suspect must only sign papers committing to appearing on the court date.
2. Cash bond
If you want to escape jail fast, paying full bail is the easiest way. This is only possible if the defendant or co-signer can afford it. It saves the fee that could have been paid if an agent was used. The only issue is that this may be the money you depend on to pay the lawyers.
3. Surety bond
Sometimes the bail is set so high, or the defendant decides not to pay the whole amount. In this case, a bail bond company can be hired. The bail bondsman will require 15% (non-refundable) of the total bail money in cash as his pay for the service and collateral worth the entire bail money. If the defendant doesn't show up and the bail money is forfeited, the co-signer and the offender must pay the remaining amount.
4. Property Bond
This is for cases requiring higher bail amounts. The defendant or co-signer has to put their property, including their home, as bail money. This type of bond involves a lot of paperwork. The property presented must be in Nevada, and the owner must be able to pay the total amount of bail money.
How Much Does a Bail Bond Cost in Nevada?
In Nevada, the law allows bail bond companies to charge a fixed 15% for bail bonds. Some agents allow defendants to pay in plans, especially if the bail amount is too high. If a co-signer or defendant posts a bail bond, an extra $50 charge is added.
For example, for a defendant reported for domestic violence with no aggravating conditions, the bail is approximately $3000. If the offender can't afford that money, a bond agency will charge $450, that's non-refundable. There are other costs and nominal fees that might be required too.
How Long Do Defendants Stay in Jail?
An offender's time in jail mostly depends on the crime's nature and the arrest's time. For nearly all crimes, Nevada courts schedule a bail hearing on the next weekday morning. The procedure can take 2 or 4 hours, depending on the faculty size.
If a bail agent is hired for a property or surety bond, the process may take three more hours to complete.
Unfortunately, if you're arrested on a weekend, you'll have to wait overnight to post bail.
If a bail hearing is required, it takes place at the offender's first appearance in court. This may take up to 72 hours of arrest, excluding holidays and weekends.
Can You Get Your Money Back From Bail Bonds in Las Vegas?
When it comes to the retrieval of bail money, the situation might be more promising than some may believe. If a defendant posts a cash bond, the complete bail amount will be returned to them once their case has reached a conclusion, provided they attended all court appearances as required.
However, in the case of a surety bond facilitated by a bail bonds company, the 15% fee charged by the bondsman is non-refundable, as this is their fee for service. Nonetheless, any collateral put up by the defendant or the co-signer will be returned in full, as long as the defendant complied with the conditions of the bail and made all necessary court appearances. Fines and other fees may be deducted based on court findings.
The key takeaway is, as long as the defendant faithfully adheres to the conditions set forth by the court, the financial risk associated with posting bail can be significantly reduced.
What If a Defendant Doesn't Show up in Court?
The bail may be forfeited under two circumstances. When an offender doesn't show up, bail conditions are not met.
With bail forfeiture, the bond company must pay the court the rest of the bail money.
The bail bond company will then hold on to the collateral and work on tracking down the co-signer and the defendant to pay the rest of the bail money.
Additionally, the court issues a bench warrant for the offender's arrest for not appearing in court.
In Nevada, this is filed as a separate crime, which attracts a $500 fine or 25 days in jail.
The bail bond agents do their best to track and drag the suspect to court to avoid losing all their money.
Contact Our Team Today to Post Bail in Nevada
If your loved one is caught off guard by the authorities and ends up in jail, you might not know what to do, especially if you're struggling financially.
The good news is you can always use other methods discussed in this article, such as your recognizance (OR) or the services of a bail bond agent to get your relative out of jail. Even though a bail bond company charges a 15% refundable fee, it's better than having your family member stay in jail for weeks or months before their hearing.
Next article: What is the difference between bail bond and bail?
Contact 911 Bail Bonds today to schedule a meeting and learn more about bail in Nevada!