Being arrested and held in a police cell is a terrifying experience. Fortunately, the court can allow you to secure your release by posting bail. Bail is a security measure that guarantees you appear in court. In this article, you learn the key factors judges consider when determining bail costs in Las Vegas, Nevada.
Nature of the Alleged Offense
A judge can determine bail amount based on the severity of the crime committed. Generally, a misdemeanor offense is associated with a lower bail amount, whereas a felony carries a higher bail amount.
However, when there are connections to criminal gangs or murder, a judge can deny bail altogether. The offender will remain in custody if bail is denied until the judge determines the case.
Your Criminal Record and History
The court can also examine previous criminal records when determining the appropriate bail amount. If you have a criminal record and are currently facing a charge, there is a chance that you may not be able to secure a lower bail amount or have bail set at all. Repeated convictions for the same offense could dissuade the court from imposing a lower bail amount.
Employment and Your Financial Situation
When determining your bail amount, the court will examine your employment status and financial standing. Individuals with stable jobs, dependents, and financial obligations are more likely to appear in court than those who are not employed and owe a lot of money. If this is your first crime, a judge could take these considerations more seriously.
Flight Risk
Judges give serious consideration to a defendant's potential to flee the country. People are willing to do anything to avoid spending time behind bars. Suppose the court believes that your offense, criminal record, economic and social status, and societal threat will cause you to flee before your scheduled hearing. In that case, the court can issue a very high bail or dismiss the bail request altogether.
Threat to the Community
If you are accused of a serious offense, like assault, the court could likely deny you bail. This is because the judge views you as a potential threat to society. For example, if you are charged with murder or a sex crime, you could face exceptionally high bail amounts or be detained without bail. If a judge believes that releasing you on bail could endanger the society you live in, they are more likely to use this standard.
The Strength of the Case
The bail amount can vary based on the evidence gathered in the case. The court is less likely to give bail if there is compelling evidence to convict the accused. This is because there is a risk of the accused fleeing and failing to appear in court. In most cases, a judge can issue bail if the evidence presented is in the accused's favor.
Previous Court Appearances
Bail is mainly used to ensure you appear for your scheduled court proceedings. Someone with a history of missing court dates could face a high bail sum or none. A court is less likely to issue bail to someone with a history of not attending scheduled court proceedings.
Failure to appear for court hearings carries serious consequences, affecting the bail amount. First, you forfeit the bail posted. The court will not return cash bail or property bond. Second, the judge issues an arrest warrant to remand you in custody. Finally, if you obtained a bail bond, the bail bond company could engage bounty hunters to look for you.
The Bail Schedule
The court can determine whether you are guilty based on the facts presented against you. If you are facing charges for a serious crime, the bail could be increased to prevent you from fleeing. The following are the several classes of bail that a judge can review based on the bail schedule.
Standard Bail
There are standard bail amounts for various crimes. Therefore, bail amounts are set mainly by the offense you are accused of committing. In most offenses, bail is the standard for the crime. The booking or arresting officer can petition the court for an increase in the bail amount if they desire.
Nevada uses a standard schedule to set bail amounts for misdemeanors and felonies. The bail amount for simple misdemeanor crimes is one thousand dollars. However, there are several exceptions. For instance, the bail amount for a DUI misdemeanor is $2,000, whereas the bail for a second DUI charge is $5,000. Standard bail sums vary by local authority, and the details of each case could influence the bail amount.
The state's regular bail policy allows the following bail amounts for these three primary offenses:
- Simple misdemeanors $1,000
- Gross misdemeanor crimes $2,000
- Felony crimes range between $5,000 and $20,000
Enhanced Bail
Certain misdemeanors carry higher bail amounts. For instance, battery and domestic violence charges are classified as misdemeanors in Nevada. However, the bail amount required is $3,000 for the first crime, $5,000 for the second, and $15,000 for the third and any further violations.
Another example is driving under the influence (DUI) of drugs or alcohol. However, the usual bail amount for a first-time offense is two thousand dollars instead of a thousand dollars, and the standard bail amount for a second violation is $5,000.
During the hearing, the judge sets bail at will. Possession of more than one ounce of marijuana is a misdemeanor for both first- and second-time crimes, with a bail sum of $1,000. Third and subsequent violations are often considered serious misdemeanors or even felony crimes, increasing bail. If you are accused with intent to sell or distribute, you will face Class-D felony charges, with a bail amount of $5,000.
Non-Standard Bail
Actual bail amounts could differ from the typical bail cost, depending on a judge's discretion to determine the bail amount in court. The circumstances of your arrest, your criminal history, and the severity of the alleged crime could all impact the judge's decision. In some cases, the court can impose a higher bail than usual. For example, in Nevada, bail can automatically double if you perpetrated the offense on school property, used a dangerous weapon, or the alleged victim was more than 60 years old.
Find a Las Vegas Bail Bonds Firm Near Me
If you or a loved one needs bail bond services for offenses committed in Las Vegas, you should contact a local bail bonds company immediately. At Express Bail Bonds, we can help you with the bail release process, especially if you cannot pay the entire amount. Our bail bond agents can represent you and secure your release from police custody. Call us now at 702-633-2245 to learn more about how our bail bonds service can help.