Arrested in Las Vegas? Learn How Your Bail is Set
The Eighth Amendment guarantees most people the right to bail. However, it does not guarantee that everyone has a right to bail and it does not guarantee what amount bail should be set at. If you have been arrested in Las Vegas, you may find yourself wondering how your bail is set. Here are the various ways that bail can be set in Las Vegas, Nevada.
By the Bail Schedule
The state of Nevada has a bail schedule. A bail schedule is used for a number of reasons. First, it helps to ensure all defendants are treated fairly. No one can state that their bail was higher than anyone else’s because of race, gender, sexuality or other factors. Secondly, it helps to ensure that bail is set in a timely manner.
A bail schedule sets a standard bail amount for many of the most common crimes that occur within the state of Nevada. This includes crimes such as petty theft, domestic violence, drug charges and driving under the influence. When someone who has never been convicted of a felony before and is not on probation is booked into a Nevada jail on any of these common crimes, their bail is set to the amount indicated by the bail schedule.
By a Magistrate
A bail schedule is a great resource for setting bail for common crimes committed by those without past felony charges. But, not every crime committed falls under the bail schedule and not everyone is new to the criminal justice system. If a crime is committed by someone with previous felonies and/or an individual is charged with a crime not covered by the bail schedule, a magistrate will typically determine an initial bail amount for them in the state of Nevada.
In the state of Nevada, judges may not be available to set bail around the clock, but magistrates typically are. The two largest jails in Las Vegas have magistrates on hand around the clock to determine bail amounts for those who are charged with crimes not covered by the bail schedule or who have previous convictions that preclude them from receiving the amount set forth by the bail schedule.
At a Bail Hearing
The last way that bail can be set is through a bail hearing, also referred to as a bail reduction hearing. If bail is initially denied, a bailing hearing can be set to allow a judge to make a determination on whether bail should be set and at what amount. Additionally, if the family cannot afford bail as it is set forth by the bail schedule or a magistrate, a bail hearing can be set to allow a judge to determine if bail should be reduced.
A judge will look at many different factors when determining whether bail should be ordered and the amount bail should be set at. A judge will have to decide if you are a threat to yourself or the community, if you are a flight risk, whether you have ties to the community, the nature of your charges, your past criminal history, the nature of your past criminal history, your work or school situation and your family situation. Based on all of these factors, bail will be set or denied.
In the state of Nevada, your public defender or defense attorney can request multiple bail hearings if the desired outcome is not achieved. It is important to note that the bail hearing typically will go before the same judge, so unless new information is presented, the outcome may not change. A judge may also decide to raise the bail amount if the state presents new information, such as bringing new charges against you, digging up previous convictions that have not been mentioned, or showing you are a threat to others.
While a Las Vegas bail bonds company cannot help you to get bail set or reduce the amount of bail that is needed, they can help you to get bail posted on your own behalf or on the behalf of a family member. Once bail has been set, contact Lightning Bail. We can post a bail bond as quickly as possible, helping your loved one to get out of jail as quickly as possible.