What is the NRS section on “conditions of bail”?

Nevada Revised Statute section 178.484 sets out Nevada’s bail conditions in criminal cases. If you get arrested, you may be released on bail pending the resolution of the case. Though you have to promise to appear at all future mandatory court dates. In addition, the judge will impose certain restrictions on you. This imposition of conditions may include:

• Remaining in the county or state;
• Avoiding contact with the alleged victim;
• Avoiding going to certain geographic areas (such as the scene of the alleged offense);
• Refraining from certain conduct, such as drinking and using controlled substances; and/or
• Surrendering your passport (when you are facing felony charges)

Courts return bail at the end of the criminal case. If you cannot afford to pay – or do not wish to put up the entire amount – you may use bail bonds. This is when you hire a bail agent (bondman) to put up the entire amount in exchange for you paying a 15% premium. Then when the case ends, the court returns the entire amount to the bondsman, and you are out the 15%.

Nevada bail considerations

When determining whether bail conditions are reasonable – or whether to release you on your own recognizance (O.R.) without paying bail – the court will consider the following ten factors about you;

1. The length of residence in the community;
2. History of employment and current status;
3. Relationships with your spouse and children, parents or other family members and close friends;
4. Reputation, mental condition, and character;
5. Prior criminal record, including any record of appearing or failing to appear after release on bail or without bail;
6. The identity of responsible members of the community who would vouch for your reliability;
7. The nature of the offense with which you are charged, the apparent probability of conviction, and the likely sentence – insofar as these factors relate to odds of you not showing up to court;
8. The nature and seriousness of the danger to the alleged victim, any other person, or the welfare of the community that would be posed by your release;
9. The likelihood of more criminal activity by you after release; and
10. Any other factors concerning your ties to the community or bearing on the risk that you may willfully fail to appear.

All municipal and justice courts in the state of Nevada have a bail schedule that assigns a default bail value to certain offenses or categories of crimes. However, judges have the exercise of discretion to deviate from these set amounts.

You can also request a bail hearing at any time to argue for a lower amount of bail, an O.R. release, or a relaxing of conditions. At the hearing, the deputy district attorney would argue to keep the amount as is, to raise it, or to keep you in custody. The court takes into account your financial ability, your character, and the circumstances of the offense, as well as the above factors. Upon a showing of good cause, the court can grant O.R. release.

Bail rules for specific offenses in Nevada

 

Nevada offense	Bail rule
Murder of the first degree	In most cases, you may not be released on bail and must stay in custody pending the resolution of the case.*
DUI of alcohol	You may not be released on bail until your blood alcohol content (BAC) is less than 0.04%.
DUI of drugs	You may not be released on bail until 12 hours have passed after the arrest.
Battery domestic violence	You may not be released on bail until 12 hours have passed after the arrest.
Violating a protection order	You may not be released on bail until 12 hours have passed after the arrest if: The arresting officer determines that you pose a direct or indirect threat of harm; or You have previously violated a temporary or extended order for protection of the type for which you have been arrested; or At the time of the alleged violation or within 2 hours after the alleged violation, you have: a BAC of 0.08% or higher or prohibited quantities of drugs in their blood or urine.

Penalties for violating bail conditions in Nevada

When you allegedly violate a bail condition, the court must provide you with notice and a hearing to contest the allegations. Depending on the result of the hearing, the judge may increase the bail amount, find you in contempt, or revoke bail completely and remand you back to jail.

If you fail to show up to a court hearing that requires your appearance, the judge may issue a bench warrant for failure to appear. It does not matter whether the underlying charge is for a felony, gross misdemeanor, or misdemeanor. While the warrant is outstanding, law enforcement officers / peace officers can arrest you at any time.

Additional resources

For more information about bail schedules and bail laws in Nevada, refer to the following:

• Las Vegas Municipal Court Bail Schedule – Bail amounts associated with specific misdemeanors in the incorporated area of Las Vegas.
• Las Vegas Justice Court Bail Schedule – Bail amounts associated with misdemeanors in the unincorporated area of Las Vegas and with felonies throughout Las Vegas.
• Henderson Municipal Court Bail Schedule – Bail amounts associated with specific misdemeanors in the incorporated area of Henderson.
• Nevada Bail Schedules – Links to bail schedules in various Nevada counties (not including Clark or White Pine) compiled by the Nevada State Highway Patrol.
• Bail reform in Nevada rightly presumes innocence, not guilt – Article in the Reno Gazette-Journal about how bail relates to the presumption of innocence.

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Legal references and helpful links