What Factors Determine the Bail Amount
The primary aim of bail is to help people that get arrested be released from jail until a time when their trial ends. However, the bail amount that’s posted needs to be in considerable sums. This is so it can send a warning or prevent the defendant from fleeing the country, and instead, compel them to appear in court. Since every individual’s circumstances differ, the bail amount the court sets for different defendants varies. In this article, our Express Bail Bonds experts discuss in detail the various factors that could affect the bail amount to post in Las Vegas, Nevada.
Factors that Determine the Amount of Bail You Will be Required to Post
There are several factors that a judge will consider when setting the bail amount for your case. They include:
- The Bail Bond Schedule
The Nevada State bail system operates on a bail schedule. The bail schedule provides a standard amount of bail for several non-violent offenses. The schedule is used on defendants that are facing charges for the non-violent offenses and don’t have past felony convictions or several misdemeanor convictions.
The reason bail schedules are established is to assist in setting an amount of bail for the defendants who are facing charges for the less severe crimes faster. This helps in freeing up resources that would help to set bail for more complex and complicated cases and offenders. In case your amount of bail is determined by the Nevada bail schedule, then the officers will inform you of the amount of bail you will post (if granted). This usually happens when you’re being booked into jail.
- Whether the Offense you Committed was Non-violent or Violent
The nature of your crime is another element that affects the amount of bail you are to post to be released from jail. If you are facing charges of a violent crime, your bail amount will likely be higher compared to a defendant whose crime is non-violent. Also, the judge may order you not to go near your victim in case you are freed on bail after committing a violent offense. Violating the judge’s order to keep your distance from the victim may lead to you being rearrested, and then your bail may be revoked immediately.
- The Number of Past Convictions on your Criminal Record and What they are For
During the determination of the bail amount you will post, your previous criminal record is looked into carefully. The judge has to evaluate whether you have any other pending criminal charges or were previously convicted. If you have a past conviction record, the judge will consider whether it was a felony or a misdemeanor. In case you have pending criminal charges, you can anticipate your bail amount to be considerably higher than a defendant who is a first-time offender. This is also the case if you were previously convicted of a felony.
In other States, each conviction is multiplied by the bail amount set by the bail schedule. Nevada isn’t among those States that do this automatically. However, a judge may decide to take this step on his/her own if he/she feels your past criminal record warrants it.
- Your Present Financial Situation
Another factor that the court considers when determining the amount of bail you will pay is your financial situation at the time of the arrest. Mostly, a judge looks at this factor closely during the bail reduction hearing. The purpose of bail isn’t to punish poor defendants who can’t afford money to bail themselves out. For instance, the judge may establish that you are capable of bailing yourself out, but you don’t have the cash. In this case, he/she may help you by reducing your bail amount. By doing this, the judge will be helping you to remain free up to the time your case is resolved.
- Flight Risk
The risk of you fleeing the country after being released on bail has a significant effect on the bail amount you will be ordered to post. Those defendants who don’t have strong bonds to their community are considered to be a flight risk. The same applies to those defendants that might have evaded previous criminal charges and those that are citizens of another country.
The court can set the bail amount higher to discourage you from leaving the country under the circumstances. In other cases, the court can deny you bail completely. Several tourists get arrested when they visit Las Vegas. Therefore, when he/she is granting or denying bail, a judge considers that Las Vegas is a tourist destination. However, the judge also needs to do his/her due diligence and do whatever he/she can to help make sure you appear in court.
- Amount of Proof in your Case
Based on the amount and intensity of evidence against you, a judge considers if you are guilty or innocent. Strong evidence increases the odds of you being sentenced guilty for your offense. If it is most likely that you are guilty, the bail will be set at a higher amount. This is often the case to discourage you from attempting to run.
- Risk to your Community
The safety of the public is a critical consideration when determining the bail amount. If you have a record of violent conduct or you are a repeat offender, you will most likely be deemed as a danger to the community that surrounds you. This will lead to a higher amount of bail being set.
- The Chances of you Appearing in Court
The probability that you will appear in court for the proceedings of your case also determines the amount of bail set. Generally, Nevada courts impose higher amounts of bail for the defendants that have a record of missing court proceedings.
Find Reputable Las Vegas Bail Bonds Services Near Me
Matters to do with bail bonds can be complicated as well as confusing. For instance, if you do not consult widely, you may wonder why your bail amount is set higher, yet for the other defendant, it is low. We have looked at the various factors that will determine the highness or lowness of your bail amount that we hope will be helpful. Another thing you have to know is that the need to pay bail comes unexpectedly. And regardless of whether the amount is low or high, you may not have ready cash to post the bail. In this case, Express Bail Bonds will come to your rescue. We serve clients in Las Vegas and neighboring cities. Call us at 702-633-2245 for faster, trustworthy services.