An arrest can feel overwhelming. One of your first thoughts might be about bail, or the money the court requires you to pay to secure your release from jail before your court trial. Bail lets you remain at home rather than being stuck in jail while waiting for your court hearings. But what will happen to that bail money once your case is over? Does the court give it back to you, or does it keep it? This blog discusses getting your bail money back after your case concludes in Las Vegas, Nevada.
Bail in Nevada and How to Get Your Bail Exonerated
Usually, after someone gets arrested in Nevada, they must post bail to be released from jail. Bail is a specific amount of money you pay to a jail, court, or detention center to guarantee that you’ll show up for your court hearings regarding the charges against you. Once you post bail, the court will give you a bail order and some conditions you must follow while on bail, and attend all court hearings.
Other court conditions that the court might give you include:
- Obeying curfews
- Travel restrictions
- Requirements for substance abuse treatment
- No contact orders, for example, with the victims
- Restrictions on visiting certain areas
- Substance abuse restrictions
- Firearm prohibition
You will get your bail money back if you attend all required court appearances and your case ends. Getting your bail money returned is called “exoneration of bail.” However, you will lose your bail money if you miss a court date.
The bail exoneration process often happens at the end of a court case. It occurs when the court officially relieves you from your bail responsibilities after the case ends. Bail exoneration can occur either because the defendant has met all the court’s conditions or the court has dropped the charges.
When this happens, any collateral to secure the bail gets returned to the person who paid it.
To begin this process in Nevada, the judge might inform the county clerk that the bail has been exonerated. Sometimes, a lawyer can also step in to make sure the bail gets exonerated. The court clerk then begins to process the exoneration right away.
However, if the bail is exonerated, it doesn’t mean that you, as the defendant, are off the hook. The term “exonerated” only relates to the money and doesn’t reflect the case status. So, even if the bail gets exonerated, you might still face sentencing or jail time based on the court’s decisions.
Getting Your Cash Bail Back
To be released on cash bail, you must pay the court the full amount. Depending on the court’s rules, you can pay your bail with cash, a personal check, a money order, a traveler’s check, or a bank cashier’s check. If you attend all your court appearances, you usually get a full refund after concluding your case. But if you miss a court date, you lose your money to the court.
Can You Get Your Property Bond Back?
Using a property bond for your bail means allowing the court to put a lien on your property in exchange for your release from jail. If you miss your court date, the court can start foreclosure proceedings and take your home. If you show up for all your court dates, the court removes the lien, and you keep your property. However, since you don’t make a cash payment with a property bond, there’s no bail money to return.
Are Bail Bonds Refundable?
Most people can’t afford to pay cash bail, so they often turn to bail bonds, which are also known as “surety bonds.” With a bail bond, a bail bondsman or company pays your bail for you.
A bail bond company takes a non-refundable fee, usually around 15% under Nevada Revised Statutes 697.300 of the bail amount, for their services. This fee helps to secure the bail bond and guarantees that the defendant shows up in court. On top of that, there might be an extra $50 filing fee for the bail bond itself.
The bond premium is non-refundable, so you won’t get that money back, regardless of whether you attend all your court appearances. Additionally, many bondsmen might ask for collateral when you set up a surety bail. Collateral is something valuable you provide to guarantee you won’t skip bail or avoid court. If you do skip, the agent has the right to keep or sell your collateral.
What is an O.R. release?
An “O.R. release” stands for “Own Recognizance release.” Nevada allows this type of release, where a person can secure their release from jail before their trial by simply promising to show up for future court dates. With an O.R. release, you don’t have to pay bail or get a bail bond to be released.
Sometimes, a judge might automatically grant O.R. release for minor misdemeanor cases, like traffic infractions, especially if you aren’t considered a flight risk or a danger to the public. If a judge does set a bail amount, you can request an O.R. release during your arraignment or at a bail hearing.
Forfeiting Bail
If someone misses their court hearings or violates the conditions of their pre-trial release, the court takes the bail amount, which is called “forfeiting” the bail. Bail forfeiture means that the individual who paid the amount will lose that amount, then the court holds it. Even though you followed all the rules, missing court or getting into trouble again can lead to losing your bail.
Additionally, the court might keep part of the bail amount to pay for administrative fees, even if you followed all bail conditions.
Getting Your Forfeited Bail Money Back
When you lose your bail money because you missed a court hearing or broke other rules, you might still be able to get it back in certain situations. Your attorney should file a court motion explaining why you didn’t follow the rules. For instance, if you missed your court hearing because of a medical issue, that could be a valid reason. The judge will then determine if your reason is good enough to return your bail money. Just remember, there’s no assurance that the court will give it back, as it all relies on the specific details of your case.
Find a Las Vegas Bail Bondsman Near Me
If you have been arrested and cannot afford to pay your bail bond in full, our bail bondsmen at Express Bail Bonds can help you post your bail. Our bail bonds company will guide you through the entire bail bonds process and ensure you show up for all your court proceedings. If you or someone you care about has been arrested, our team is here to help. Give us a call today at 702-633-2245 to speak with one of our representatives.
