When you are arrested, one of the first things to consider will possibly be how to post bail. Making bail will enable you to stay out of custody while your case is pending. However, you will be obligated to appear in court whenever required.
Bail amounts vary based on the defendant's specific charges, the facts surrounding the case, and the jail facility to which the defendant is taken. This means a bail amount may be too high that the defendant cannot afford to pay out of pocket.
If your bail is too high, there is still a way out. You can hire a bail bondsman to assist you in posting a bond. If arrested in Moapa Valley, you can call Express Bail Bonds for help. We are a professional Moapa Valley bail bonds service that helps arrestees who cannot afford bail secure their release within a short period. Call us as soon as you are arrested, and our bail agents will begin to work on your release immediately.
The Definition of Bail
Bail refers to the funds you leave with a jail to remain out of custody when charged with an offense. It is meant to give the incentive to appear for any court dates concerning your criminal charges. If you skip any court dates, you will lose the money you deposited as bail and could be re-arrested.
The Booking Process
You will likely be taken to Clark County jail when arrested for an offense in Moapa Valley. Once you are there, you will undergo the booking process, which takes between two and four hours. The officer in charge will capture your fingerprints, and if you have personal property, they will confiscate it and keep it until you are released. The officer will then ask you for your personal info, such as your name, address, phone number, and health condition. After the booking, you will be placed in a holding cell waiting for bail to be set.
How Bail Is Set
There is a standard bail amount based on the crime for most violations. For example, the bail amount for a domestic violence-related offense with no aggravating factors is generally three thousand dollars. In most misdemeanors, the bail amount is the standard amount for that offense. If the prosecution wants, it can request the judge to impose a different amount, usually a higher value. For severe violations, the judge will always set the standard bail amount or increase the amount based on the facts of the specific case.
The judge will consider numerous factors when setting bail, such as:
- Your criminal record.
- Specific signs may make the judge believe you are a flight risk.
- The accusations in the criminal violation.
- Your ties to the community.
- Your employment history.
- The likelihood that you will appear in court once released on bail.
With the help of your lawyer, you and the prosecutor can talk to the judge about what you feel is the appropriate bail amount.
Types of Bail
Once the judge sets bail, you will deposit the money to be released. There are three general types of bail through which you can secure your release from custody. These are:
Cash bail simply means depositing the entire bail amount in person and cash with the court or the jail facility holding you.
Cash bail can be made in any amount provided the accused can afford it. It is deemed the easiest form of bail because it can be paid for as long as the accused can raise the bail money. However, it is rarely posted since bail amounts can be tens of thousands of dollars, and most are reluctant to put up so much money or simply cannot afford it.
When you pay cash bail, the court will release the funds you paid back to you once your case is completed. However, it will first deduct any court fees, additional costs, and potential restitution from the bail money before returning the remaining to you.
A surety bond can also be called a bail bond. It is the most prevalent form of bail that people in Moapa Valley pay. It is more like an insurance policy. A bail bond is an agreement between an accused and a Moapa Valley bail bond service. A bail bondsman working for the service agrees to pay the whole bail amount to the court or jail facility in exchange for the defendant paying the bondsman only 15% of the total bail amount. 15% of the full bail amount is the bail bondsman fee for their service, and it is non-refundable even if the court establishes the defendant is innocent.
Some companies charge additional expenses like travel costs or a notary fee. If your bail bondsman asks you to pay additional charges other than the 15% premium, ask them what the costs stand for and ask them to provide you with a receipt of the items or services they are charging for.
If you have posted bail with the help of a Moapa Valley bail bonds service and miss even one court date, the bondsman will forfeit their bond money to the court. That is why some bond companies require that defendants provide collateral so that when they skip bail, they (the companies) can sell the collateral and recover their bond money. The court may also issue an arrest warrant against you if you skip bail. If rearrested, you may remain in custody until your case is over, with no option to make bail. Bail bondsmen also have the right to find you and return you to the authorities if you skip bail. They will mostly do this to avoid losing their bond money.
A property bond is suitable for cases that require a higher bail amount. Here, the defendant pays their bail money in the form of property. This means the defendant will give their property to the court to hold onto until their case is resolved. The property could be a home, car, land, or any other valuable asset, and it must be in Nevada. The property owner must also be capable of paying the full bail amount.
If you wish to post a property bond, understand that the process involves a lot of paperwork. The court must also appraise the property to ensure its value meets the required standard. This makes the property bond posting process lengthy, making most defendants in Moapa Valley reluctant to opt for it.
Own Recognizance (OR) Release
In certain cases, the judge may not set bail. Instead, they may order that you be released on your own recognizance. Own recognizance release means the court is taking you at your word that you will make all court appearances, including at trial proceedings.
OR release is common in non-violent offenses and minor misdemeanors. Courts consider various factors when releasing a defendant OR, such as business ownership, reputation, criminal history, and community ties. One caution about an OR release is that you could be charged additional fines and face more penalties if you do not make court appearances when required. OR release is virtually never permitted if the offense is severe, particularly where the victim will be in danger if the accused is set free.
Conditions for Bail
When a judge grants bail, they can make it conditional, meaning there are various things an accused must do or refrain from to stay out of custody while their case is pending in court. These conditions vary depending on the charges the accused faces and the facts of their arrest. If a defendant hired a Moapa Valley bail bonds service to help them post bail, the service could equally impose its conditions. Common bail conditions include:
To Appear In Court
If released on bail or OR, the primary condition imposed against you is to appear on all court dates, as required. Failure to make appearances in court for your hearings would make the judge issue a warrant for arrest against you, and you could be re-arrested and detained. When this occurs, the judge may increase your bond amount or revoke the capability to post bail again. The bonds company you used to post bail is entitled to revoke the bond should you miss appearing in court.
To Report Any Change In Address Immediately
The court and bonds agency must always have your current address and phone number. If you have relocated or changed your telephone number, both parties require that you notify them. In many cases, a defendant must inform the court within forty-eight hours of relocating. Every Moapa Valley bail bonds service has its reporting requirements.
To Remain Within the State or County
Not everybody arrested in Moapa Valley lives there. Therefore, courts must weigh whether an arrestee is deemed a flight risk, is at risk of failing to show up for their hearing, and the severity of their crime.
If the judge feels you might be a flight risk, they will impose travel restrictions against you as a bail condition. The conditions could involve remaining in Moapa Valley, Clark County, or Nevada or not being capable of leaving the country. Apart from these restrictions being imposed by the court, a bonds company can also impose similar limits on you.
Not to Drink Alcohol or Use Drugs
If arrested on charges that involve alcohol or drugs, the court,, and your hired bonds company might need you to refrain from using any drugs or alcohol while out on bail. Based on the facts of the case, one or both of these parties may also need you to undergo random or routine testing for alcohol and drugs. Should you do drugs or drink alcohol or fail to submit to random or routine testing, your bail could be revoked.
To Avoid Contacting the Alleged Victim
The court might require you to avoid contacting the victim if you were arrested for harming someone else. The court needs to be sure the victim is safe. Therefore, it may order you to stay many feet away from them, their workplace, and their home. Or, you might be forbidden from having any other form of contact with them, including phone communication.
Not to Violate Any Other Law
Another bail condition required for everybody released on bail is to comply with the law. Should you violate any state statute and are rearrested while currently out on bond, the judge may deny your right to post bail on either charge since they may consider you a danger to the public.
To Have Frequent Communication with the Bonds Company
The last bail condition prevalent in Moapa Valley is frequent communication with the bondsman. Most bond companies require the person they posted bail for to check in with them routinely. They might need to message or call them and keep them up to date on how their case is going after each hearing or go to their office every fourteen days to talk about the proceedings.
Should you fail to make contact as the Moapa Valley bail bonds service you hired requires, the agency may revoke your bail bond.
If you violate any of the bail conditions imposed against you, you may be rearrested and will be ordered to remain in jail until your case is resolved. The judge may ask that you respond to accusations that you disobeyed your bond conditions.
They can place you in custody if they determine that you violated your conditions. Alternatively, they may order you to continue staying out on bail but impose conditions, a warning, or a different amount of bail. If you wish to modify your bail conditions, you can request the judge to make changes.
Clark County Detention Center
Moapa Valley Justice Court
Find a Reputable Moapa Valley Bail Bonds Service Near Me
If you are arrested in Moapa Valley, you might want to secure your release from custody as quickly as possible. Posting bail is one of the fastest ways of securing your release. If you are looking for a Moapa Valley bail bonds service for help with bail, turn to us at Express Bail Bonds. Contact us at 702-633-2245 to learn more about how we can help you be released from jail.