After an arrest in Nevada, you can avoid pretrial detention pending trial by posting bail. The amount you must deposit depends on your offense and its unique circumstances. Therefore, you must understand your offense and the bail set against it if you want to avoid pretrial detention. Discussed are the common offenses and their bail figures.
Bail Determination
Nevada has bail schedules that assign default bail figures to common offenses. Therefore, the bail schedule acts as the guideline during bail determination, providing the bail’s base value. With the value, the judge has the discretion to increase or lower the figure but must act according to the law. The Eighth Amendment prohibits judges from imposing excessive bail when exercising their discretion. Bail must be reasonable and varies from a misdemeanor to a felony charge. When charged with a felony, you should expect bail to be higher than for a misdemeanor offense.
In instances where you have not been present at an arraignment hearing, the figure provided on the bail schedule for your crime is final, but judges can adjust it in the arraignment proceeding. You do not have to wait for the arraignment proceeding, where the judge reads your charges and determines bail. You can pay the figures predetermined in the schedule. However, your figure for the same crime will vary from that of another defendant in a different county because bail schedules vary based on counties. Each county has its own schedule, and the figures could differ from those of other counties for the same offense.
The Clark County bail schedule provides bail for offenses committed in Las Vegas. The schedule classifies common offenses and their bail as follows:
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$1,000 for common misdemeanor offenses
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$2,000 for gross or serious misdemeanor offenses
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$5,000 to $20,000 for felony violations
Some felonies, like kidnapping for ransom, could require you to deposit a bail of up to $250,000 to obtain a pretrial exit from detention.
For serious or violent felonies like murder, kidnapping, and sexual assault, the bail schedule does not provide a predetermined bail figure. You must appear in an arraignment proceeding. Once the judge reads out your charges and you enter a not-guilty plea, the judge can rule on the bail application, whether you should be granted bail, and the amount you should pay.
Controlled Substance Possession Bail
NRS 453.336 of the Nevada statutes prohibits the willful possession or control of drugs or controlled substances without a valid prescription and with no intent to sell. The offense is not as serious as other drug possession charges, as it involves small amounts of drugs, indicating a lack of intent to sell. However, it is still a felony that attracts severe penalties.
The standard bail figure for the offense is at least $5,000, although the figure could vary based on the case’s circumstances. If you appear in a bail proceeding, the amount could increase or reduce depending on the felony class.
Nevada legalizes marijuana use, but using it in a casino attracts criminal charges under federal statutes although enforcing federal statutes in a state where marijuana is legal can be complex. Federal laws still criminalize the possession and use of cannabis. Bail for marijuana-related offenses is $10,000. If the substance weighs ten to fifty pounds, your bail increases to $30,000. Bail is $50,000 for marijuana quantities exceeding fifty pounds but less than one hundred pounds. For possession of over one hundred pounds of marijuana, bail is set at $150,000.
If you have been arrested for a felony drug-related offense, raising bail that could run into hundreds of thousands of dollars can be difficult. However, your bail bonds company can help you raise the amount to secure liberty.
Bail for Domestic Violence
Even without physical evidence, police always make arrests when responding to accusations of domestic violence (DV) if there is probable cause. The offense is taken seriously, and you will likely be detained before questioning. Typically, domestic violence is a misdemeanor, although the prosecutor can file it as a felony, depending on the circumstances.
You will post a bail of $3,000 for a first-time misdemeanor DV offense. Bail for a second misdemeanor DV offense is $5,000, while that for a felony is set at $10,000 or higher.
However quickly you post bail in Nevada after an arrest for DV, you must spend a mandatory twelve hours in detention before release.
DUI Bail
Drunk or drugged driving arrests can be humiliating and reputation-damaging. You want to exit jail immediately and keep the arrest confidential. Nevada DUIs are misdemeanors, with bail for a first violation set at $2,000, significantly higher than the general bail rate for misdemeanors, which is $1,000. Bail for a second DUI offense increases to $5,000.
When the case involves aggravating factors like causing injuries or death, bail can only be decided during arraignment by a judge.
Assault Bail
Nevada statutes prohibit intentionally inflicting injuries on another person, threatening physical injuries when you possess the capacity to act on the threats, or engaging in provocative or unwelcome contact with someone else.
When arrested for misdemeanor simple assault, bail is approximately $1,000. Bail for a battery offense, also a misdemeanor, ranges from $1,000 to $5,000. For a battery in a DV incident, you must post $3,000 in bail for a first violation and $5,000 for a second offense.
When assault involves a deadly weapon, it becomes a felony. You must pay bail of at least $10,000 to exit jail. If felony assault involves an officer, bail is set at $20,000.
Bail Enhancements
Your criminal record affects the bail for your crime. If you have a prior sentence for a violent or serious felony, bail for a subsequent arrest could be increased by up to $25,000, depending on the circumstances. If you have at least two priors, a subsequent arrest, even for a minor offense, will increase your bail by up to $150,000, although the amount will vary depending on the case’s facts.
When bail increases significantly, even when given time, you will have problems raising the requisite amount. You can turn to a bail bonds firm for assistance in this situation.
Find a Reputable Bail Bonds Firm Near Me
Nevada assigns bail to common offenses unless an arrest is for murder, causing mayhem with explosives, violation of probationary terms to appear for jail commitment, or violent offense involving inmates. If your offense is eligible for bail, find out the amount assigned to it and find an experienced bail bondsman to guide you through the bail process and post the funds for you. At Express Bail Bonds, we are here to help after an arrest in Las Vegas. Call us at 702-633-2245 to schedule a no-obligation consultation.