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Home > Posting Bail in Las Vegas: 4 Things to Know

Posting Bail in Las Vegas: 4 Things to Know

Nevada, like many states, sets out a list of qualifications for anyone who wants to be a bail bond agent. They include living in the state for at least a year, being 18 or older and successfully completing a 6-hour bail instruction course. The Nevada Division of Insurance will not issue a license to any agent that has been convicted of a felony. If you are arrested in Las Vegas, here are 4 things you need to know about posting bail.

Bail process in Las Vegas. The process of obtaining bail in Las Vegas cannot begin until a person has been booked and processed into one of the area’s detention facilities, such as the City of Las Vegas Detention Center of the Clark County Detention Center. A defendant arrested for a misdemeanor likely will know the bail amount immediately because of the bail schedule for Clark County. Once bail has been set, a defendant can pay cash to be released from jail or contact a family member or a bail bond agent for assistance. The process may take longer when a felony is involved because some felonies require bond hearings that may be held the next day.

Types of Bail in Las Vegas. There are four options for posting a bond to be released from jail in Las Vegas. The choice will often have to do with the amount of the bond. The options include:

  • Own recognizance. This option is known as an OR release and is used in only limited situations. A defendant must have no significant criminal record and have strong connections to the community. Generally, an OR release is not available when a crime of violence or one involving juveniles is involved. The defendant pays no money but signs a document promising to show up for all scheduled court hearings.

  • Cash bond. A defendant choosing this option must pay the full amount of bail. That money is returned, minus costs and fees, as long as the defendant does not violation any release conditions. A co-signer can also pay a cash bond on behalf of a defendant.

  • Surety bond. This is the most common type of bond used in Las Vegas because many defendants cannot afford to pay the entire bail amount in cash. Under Nevada law, bail bond agents charge a 15 percent premium and guarantee the total amount of the bond to the court. In some cases, a bail bond agent may require collateral from a defendant or co-signer for larger bail amounts.

  • Property bond. This type of bond can take one or two days – or longer – to complete because of the paperwork required to confirm ownership of the property, as well as the value of the equity in the property. Under state law, a property bond must be equal to at least 150 percent of the value of the bail.


 

Setting bail. Although there is considerable discretion given to court officials in setting bail for defendants, Clark County has a standard bail schedule that sets out bail amounts for felonies and misdemeanors. That information is available at https://www.clarkcountybar.org/2015/standard-bail-schedule-updated-for-las-vegas-justice-court/. The bail for common misdemeanors is $1,000, but there are a number of exceptions in the schedule. For example, bail for a misdemeanor DUI arrest is $2,000 and $5,000 for a second-offense DUI.

Bail costs and options. While some states allow bail bond companies to charge customers up to a certain percentage of the cost of the bond, Nevada law sets the premium that can be charged by bail agents at 15 percent. That means it is illegal for a bail bond company to offer a rate below – or above – that 15 percent figure. Any defendant posting bail in Clark County must pay a $50 fee in addition to any premium charged by a bail bond agent. Cash bail is returned to defendants and co-signers, minus court fees and courts.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

Helpful Articles

How to Post Bail in Nevada: 5 Things to Know

Having a co-signer to help post bail is the only way many defendants are able to afford the cost. If you need a co-signer, or considering taking on the responsibility for someone, it's important to...more

Posting Bail in Las Vegas: 4 Things to Know

Nevada, like many states, sets out a list of qualifications for anyone who wants to be a bail bond agent. They include living in the state for at least a year, being 18 or older and successfully co...more

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