Being charged with a crime devastates you, the defendant, and your family. Moreover, you should pay bail to secure your release as you await your trial. Bail bonds can alleviate this stress, especially if you cannot afford to pay the entire bail amount. Express Bail Bonds is a licensed and seasoned bondsman available 24/7 throughout North Las Vegas. We offer simple, fast, and pocket-friendly bail solutions and can help you. This article offers an ultimate bail bonds guide, what they are, and how they work.
How to Bail a Loved One Out of Detention in North Las Vegas
Bail is the amount of money you or your loved one should post to be released from police custody while awaiting trial. Bail is neither a fine nor punishment. Bail ensures the defendant appears for their court hearings and complies with their release conditions. The court will refund the amount minus processing fees after case resolution.
Being released on bail allows you to work with your criminal defense attorney to build your case, continue working, and be a productive member of your society. Moreover, you can seek help like counseling or rehabilitation, which can persuade the judge to give a more favorable case outcome.
Bail Hearings and How Bail is Determined
Usually, a defense lawyer will request a bail hearing immediately, hoping you will be released promptly. Judges agree to hold the bail hearing after the arraignment (initial court hearing after your release) in their courtrooms. However, sometimes the hearings are held over video conference, so the suspect does not have to be transferred to court from the Las Vegas City Jail or Clark County Detention Center.
During the court hearing, the defense lawyer and the prosecution will present arguments and evidence against and for granting bail. Some factors the judge will consider when determining your bail amount include:
- Whether you have a stable job
- How long have you lived in your community
- Your relationship with your spouse, child, relatives, and friends
- Your mental condition, character, and reputation
- Your criminal history, including records of jumping bail and outstanding warrants
- Whether a responsible member of your community can vouch for your reliability
- The nature and severity of your alleged crime
- Whether you pose a danger to your community or the victim
After the prosecutor and your legal counsel present their sides, the judge can give either of the following verdicts:
- Release you on your own recognizance
- Lower your bail amount
- Make no changes to your bail amount
- Raise the bail amount
- Deny bail
Typically, a judge will grant a reduced bail amount or own recognizance release to a first-time defendant charged with a misdemeanor. On the other hand, a higher bail amount is reserved for a repeat offender and serious felony charges.
What Happens If You Cannot Afford Your Bail Amount
Since many defendants cannot raise their cash bail, they turn to bondsmen for bail bonds. Bail bonds are also called surety bonds.
The bondsman serves as a surety and posts the bail on your behalf in return for a premium. The non-refundable bond premium is 15% of the entire bail amount. Therefore, if the judge sets a bail of one hundred thousand dollars, the defendant will pay the bail bond company fifteen thousand dollars. Then the company will pay the remaining eighty-five thousand dollars to the court for them.
Sometimes your bondsman can require collateral before making the bail arrangement. Collateral should be valuable. Common properties include motor vehicles, real property, jewelry, and stocks.
It guarantees that you will not flee or avoid your court hearings. If you do, your bondsman is entitled to sell or keep the asset to recover the loss incurred.
On top of your promise to attend all the mandatory court hearings, the court will impose specific restrictions on you. The judge should impose reasonable conditions that they consider essential to protect the community’s welfare, safety, and health. These release conditions include the following:
- Remaining in Nevada
- Avoid contacting the alleged victim
- Surrendering your passport if you are charged with a felony
- Refraining from specific behavior like using narcotics
- Avoid going to given areas like the crime scene
- Submitting to random drug testing
- Wearing electronic monitoring
When you violate your bail condition(s), the judge will issue you a notice and a court hearing to challenge your allegations. Depending on the hearing outcome, the judge can:
- Find you in contempt,
- Increase your bail amount, or
- Revoke bail and return you to detention.
If you fail to appear in court, the judge will issue a bench warrant for failure to appear. If you have an outstanding warrant, the police officers will arrest you at any time, regardless of whether the underlying criminal charge is a felony or a misdemeanor.
Common Mistakes to Avoid When Securing North Las Vegas Bail Bonds
When in need of North Las Vegas bail bonds, you can make wrong decisions out of anxiety and confusion, resulting in more trouble, including being returned to police custody. To prevent these occurrences, here are common errors you should avoid.
Traveling While on Bail
One condition for release is restricted traveling. That means you should seek permission from the bondsman and the court before leaving your county or state. If permission is granted, you should notify the company about your destination, duration, and the most effective way to reach you in writing.
Lying to the Court and North Las Vegas Bail Bondsman
Both the court and your bondsman will ask you questions when securing bail. The questions are tailored to verify that you will pay the bail and satisfy your release obligation. Basic questions include your workplace and address.
Being truthful is essential to avoid the bond provider or the court revoking your bail bond. If the bond is revoked, the court will issue a bench warrant. That means you should sign another bond agreement to secure your release, which includes paying additional fees to the bonding company.
Waiting Too Long to Contact Your North Las Vegas Bondsman
If you have been arrested at night or over the weekend, you might think you should wait for the next business day to call a bondsman. Many North Las Vegas bail bondsmen are available 24/7. Contacting a bond company after retaining a criminal defense attorney ensures you do not spend unnecessary time detained.
Posting bail can be lengthy and can take hours to find a co-signer, work with the court, and complete the necessary paperwork.
If you are securing bail for a relative, you should have the details about the accused person before calling the bondsman. It includes the accused’s name, birthday, address, name of the holding jurisdiction, and the alleged crime. Having these details speeds up the release process.
Using a Wrong Co-Signer
If the judge sets a bail amount you cannot afford and you do not have adequate collateral to cover the entire amount, the bondsman may require a co-signer. The co-signer will be held financially accountable if you fail to uphold your bail agreement. Before choosing the right person, you should consider whether they are responsible, have a stable job, and have a good credit history. If the co-signer is ineligible, it will delay your release process.
You should also ensure that you treat your co-signer well and not upset them. If they think you will skip bail, they can call the court and bondsman and advise them of their concerns and desire to terminate the contract. In this case, the court will cancel your agreement, and you will be taken back to prison.
North Las Vegas Bail Bonds Collateral Requirements
Collateral is offered in addition to or in place of bail money to secure your release. Consider it a loan or credit that ensures you appear in court and adhere to your bail condition. However, the collateral you place in the agreement with your bondsman should meet the following requirements:
Your Collateral Should be Valuable and Precious
The collateral should have value to cover your entire bond cost (it should be of greater or equivalent value than your set bail amount). The company has taken a risk to post your bail and needs assurance that it will recover its money when you skip the scheduled court hearings.
Items like real estate, jewelry, and motor vehicles are commonly accepted because they are valuable and do not depreciate.
However, items like bonds and stocks may be unacceptable even when they are valuable. Their value can decline quickly, leaving the bondsman with losses if you jump bail.
Your Collateral Must be Easy to Liquidate
The bond service will ask you to place something they can effortlessly sell in case of non-compliance.
For instance, antiques and artwork may be unacceptable, even if they are valuable. They could take time to sell, so the bondsman would have to deal with long waiting periods to recover their money.
The Collateral Should be Transferable
You should lawfully own the asset and are entitled to transfer its ownership. Land deeds or a title to a car are ideal options.
You Should Not Pledge Your Collateral
Your collateral choice should be a property you have not pledged as security for a loan or another bond. For instance, your home may not be eligible if it has a mortgage.
Frequently Asked Questions
Nevada bail process and laws are complicated. At Express Bail Bonds, we understand that, and our experienced and friendly team is ready to answer all your questions. If you do not find the answer to your concern or question, please do not hesitate to contact us.
1. What Should I Bring When Bailing a Relative Out of Detention?
When you meet with the bondsman, you want your meeting to be smooth and quick. Preparing and having all essential information is the best way to ensure that happens.
- The right bond amount — Ensure you check with the bondsman about the specific fee and the premium amount you should pay. Most accept cash payments. If you require to pay another way, ensure the bondsman approves it first to avoid wasting time.
- Contact details — You should complete the relevant paperwork when bailing a loved one out of jail. Part of the paperwork will inquire about your contact information and the defendant’s contacts, including addresses, full names, and phone numbers. Providing the information ensures the bondsman can contact you with ease.
- Your identification card or driver’s license — You should carry your driver’s license or identification card to the bondsman’s office. While the bond company may not necessarily ask you to present the card, you will require the card’s number.
- Proof of residence — A utility stub with your name and address can help. Sometimes, the bond service can accept mail with your current address or a lease agreement.
- Your social security number (SSN)
2. What Occurs When You, the Defendant, Are Re-Arrested While Out on Bail Bond?
After your re-arrest, the bondsman will surrender your bond and terminate your liability. In other words, you will lose your premium, and if you decide to secure another release, you must post another bond.
3. What Do I Agree to As a Co-Signer?
A co-signer guarantees that the defendant will attend all court hearings. If the accused fails to live up to their obligation to the court, you become accountable for all resulting financial liabilities. It includes:
- Costs of returning the defendant to jail
- Attorney’s fees
- Filing fees
- The entire bail amount
4. Are Bondsmen Police Officers?
No, but they can arrest you. When pursuing a fugitive, they use conventional law enforcement methods and are sometimes permitted more power than the police.
For instance, when the police want to enter your home because they believe it has case evidence, they should apply for a search warrant and prove probable cause before the judge issues it. On the other hand, the United States Supreme Court allows a bounty hunter to cross these boundaries when looking for a fugitive.
Additionally, you sign away your right to refuse your bondsman’s search to your home, workplace, or car when you enter into an agreement with them.
Courthouse, Jail, and Police Department Contact Details
North Las Vegas Police Department
2332 Las Vegas Blvd. North, Ste. 200
Phone: (702) 633-9111
Fax: (702) 649-2655
Clark County Detention Center North
Phone: (702) 671-3900
North Las Vegas Justice Court
Phone: (702) 455-7801
Contact a Reliable Bondsman Near Me
Regarding being released from jail, you need to understand how the bail bonds process works. For professional and responsive help, contact Express Bail Bonds, a North Las Vegas bondsman, at 702-633-2245. We can walk you through the surety bond process, including the paperwork and what to expect. Our team is available all day to answer your questions and address your concerns.