What Happens If You Can’t Afford Bail in Las Vegas? Exploring Release Options?
If you are arrested and charged with a criminal offense in Las Vegas, a bail amount will typically be set shortly after you are processed into the jail. If you are able to “make bail,” you will be released from jail and be allowed to remain out of custody for the duration of the prosecution of your case, providing that you abide by your release conditions. What happens if you can’t afford bail though? Is there anything you can do to secure your release from custody? To help answer these questions, The Vegas Lawyers explain how bail works and discuss release options when a defendant cannot afford bail.
What Is Bail?
The 8th Amendment to the U.S. Constitution prohibits the imposition of “excessive bail” in a criminal case. While that amendment does not mean that everyone is entitled to bail in all cases, it is customary for a defendant to either be released on his/her own recognizance or for a bail amount to be set after being arrested and charged with a crime in Nevada. If you are released on your own recognizance (OR) it means that you do not have to pay monetary bail. Instead, the court is allowing you to be released based solely on your promise to return for all court appearances and abide by any release conditions.
If bail is required, it can be set as cash or allow a bail bondman to post bail. A cash bail means that the entire amount must be paid in cash. If a bail bond is allowed, it means that you can secure the release by paying a bail bondsman 15 percent of the bail amount. The bail bondman then submits the paperwork with the court to secure your release. A bail bond agent effectively provides insurance to the court that you will appear at future court appearances.
How Is a Bail Amount Determined?
Initially, bail is set using a bail schedule in Nevada. The schedule only takes into account the severity of the criminal offense involved when determining a bail amount, which is why an initial bail amount may be too high for you to pay. These pre-set bail amounts do not take into consideration any of the factors that might warrant setting a lower bail.
What Happens If I Can’t Pay Bail?
If you are unable to make bail prior to your initial court appearance, your attorney can request a hearing to discuss the possibility of lowering, or eliminating, your bail. At a bail hearing, the prosecuting attorney must prove that the current bail amount is necessary. Your attorney can also present evidence and testimony intended to convince the judge that bail is not necessary or that a lower bail amount is sufficient to protect the community and ensure your appearance at future hearings. According to Nevada law, a judge may consider the following factors when setting bail:
- The length of residence in the community.
- The status and history of employment.
- Relationships with the person’s spouse and children, parents or other family members and with close friends.
- Reputation, character and mental condition.
- Prior criminal record, including, without limitation, 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 the risk of not appearing.
- 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.
- The likelihood of more criminal activity by the person after release.
- Any other factors concerning the person’s ties to the community or bearing on the risk that the person may willfully fail to appear.
What Are Bail Conditions?
If you are released on bail, including an OR release, there will be conditions associated with your release. Common bail conditions include things such as making all court appearances, not getting arrested for new offenses, and remaining in the jurisdiction. Additional conditions may be ordered by the court to secure your release. For example, you may be required not to have contact with an alleged victim or submit to electronic monitoring. If you violate any of the conditions of your release, the court can revoke your bond, and you will return to custody until the conclusion of your case.
Contact A Las Vegas Criminal Defense Lawyer at The Vegas Lawyers
If you have questions about bail in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options. Call us at 702-707-7000 or contact us online.