The bail process here in Nevada is fairly simple. If you cannot afford to pay the full amount of the bail, you can hire a bondsman for a set rate of 15% of the bail amount. The bondsman then pays the full amount (“posts bond”) to the court.
The trade-off in using a bondsman is that the person who hires the bondsman never gets that 15% back. When the case ends and the court returns (“exonerates”) the bail, it all goes to the bondsman. 1
In this article, our Las Vegas criminal defense attorneys will answer the following top 7 questions about Nevada bail laws and the bail process:
- 1. How can I bail out?
- 2. How is bail determined?
- 3. Can I get a lower bail?
- 4. How do I get an OR release?
- 5. What if I violate bail?
- 6. What if I make bail but miss court?
- 7. Bail Procedures for Clark County Jails
- Additional Reading
Many Nevada defendants rely on Las Vegas bail bonds to get released from jail.
1. How can I bail out?
Your family member of friend should contact the jail for the most up-to-date information on how and where to post bail. You should get released within a few hours of payment.
If the bail amount is too high, contact a bail bondsman. Bail bond agents usually have their offices within walking distance of the court and jail.
Everyone who has the means to bail out is advised to do so. Once you are out on bail, you can often:
- continue doing your job and
- have more frequent contact with your criminal defense attorneys.
You can also seek help, such as rehab or counseling, that may look good to the judge in your case.
2. How is bail determined?
Each court has a “bail schedule” that matches specific common crimes to set bail amounts. However, we can always request a bail hearing where we ask the court to reduce your bail amount or eliminate it completely, called “OR (“own recognizance”) release“.
Bail Factors
The judge considers these factors when determining the amount of money for bail:
- The length of your residence in the community;
- Your employment status and history;
- Your relationships with your spouse and children, parents or other family members and close friends;
- Your reputation, character and mental condition;
- Your prior criminal record, including whether you missed court in the past;
- The identity of responsible members of the community who would vouch for your reliability;
- The nature of your alleged crimes and the probability of conviction and likely sentence, insofar as these factors relate to the risk of you missing court;
- The nature and seriousness of the danger to the alleged victim any other person or the community that would be posed by your release;
- The likelihood of more criminal activity after your release; and
- Any other factors concerning your ties to the community or bearing on the risk that you may miss court.
Judges may grant you OR release for “good cause.” Sometimes judges refuse to grant bail at all so that you remain in custody pending the outcome of the case. This typically occurs in murder cases or when you are a flight risk or safety risk.
Bail Conditions
When judges agree to release you following an arrest, they may “may impose such reasonable conditions on [you] as it deems necessary to protect the health, safety and welfare of the community[.]” Examples include:
- not traveling to other counties or states;
- staying away from the victim or certain locations;
- submitting to random drug testing; and/or
- wearing electronic monitoring.2
When You Cannot Afford Bail
If you cannot afford to bail out, you are entitled to a hearing where the prosecution has the burden to show by clear and convincing evidence that bail is required to protect the community and ensure your appearance at future court appearances.
If the judge decides that bail is necessary, they must take into consideration your financial resources (and the above factors) when setting the amount. Furthermore, this reasoning must be stated on the record.3
You usually get released within a few hours of posting bail.
3. Get I get a lower bail?
It is possible. We can always request a bail hearing, which is like a mini-trial where both sides can present evidence and arguments. We would argue for reducing or eliminating bail. Then the prosecutors would argue to maintain or increase the bail.
Finally, the judge will make a decision. If the judge holds firm, we can always request another hearing down the line.
Note that bail bondsmen are not attorneys. They may not ask for bail hearings and reductions. Only you (or we as your attorneys) may do this.
4. How do I get an OR release?
Judges decide whether or not to grant OR release. This is when the judge releases you from jail without you having to put up any bail: You just have to promise to show up to future court appearances.
You will get OR release “if it appears to the court that it can impose conditions on [you] that will
- adequately protect the health, safety and welfare of the community and
- ensure that [you] will appear at all times and places ordered by the court.”4
You are more likely to get OR release if you are facing minor charges, are not a flight risk, are not dangerous, and have no other criminal history. Obviously, if you are granted OR release, you do not need a bail bondsman.
5. What if I violate bail?
Judges have the discretion to offer you a second chance to stay out on bail. Otherwise, the judge may order that you be taken into custody for the duration of the case.
Plus, the court keeps your bond money forever. This is called “bail forfeiture.”5
If you were out on a bail bond – and the judge revokes it – the bondsman will not get that money back from the court. This means the bondsman can take any collateral you put up to secure the bond.
The judge can also find you in contempt of court for violating bail, which can carry fines and jail.
The following graphic shows common bail violations.
6. What if I make bail but miss court?
The judge will issue a bench warrant for failing to appear at court (NRS 199.335). While the warrant is outstanding, you can be arrested at any time.6
We can file a motion to quash the warrant. Then the judge would hold a hearing to decide whether the warrant stands. Judges usually agree to quash (recall) warrants if it was the first time you missed court.
If you violate your bail conditions, you may be remanded to jail, and the bail money may be forfeited.
7. Bail Procedures for Clark County Jails
Acceptable forms of payment for posting bail depend on the facility and criminal charge.
Clark County Detention Center (CCDC)
For cases in Las Vegas Justice Court, go to the Pretrial Services window at the CCDC. It is located at 330 S. Casino Center Blvd. It is open 24/7.
For cases in Clark County District Court, go to the Regional Justice Center, 3rd floor. Hours are Mondays through Fridays, 8:00 AM to 5:00 PM. The address is 200 Lewis Ave. After business hours, go to the CCDC.
There is a $10,000 limit on cash bail and Visa and MasterCard. Cash must be in the exact amount. CCDC also accepts money orders and cashier’s checks. There is a $50 filing fee on all Las Vegas bail bonds.
Call Pretrial Services at (702) 455-3462 for more information. Also, see our article on posting bond at the CCDC.
Las Vegas City Jail
Go to the Las Vegas City Jail at 3200 Stewart Ave. It is open 24/7. They accept cash (exact amount), Visa, MasterCard, and Discover. Not American Express.
Call the jail for more information at (702) 229-6460. Also see our article on posting bond at the Las Vegas City Jail.
Henderson Detention Center
Go to Henderson Court at 243 S. Water Street. Business hours are Mondays through Thursdays, 7:45 AM to 5:00 PM. After business hours, go to the bail gate off S. Texas Ave.
Call the Henderson Jail at (702) 267-5245 for more information. Also, see our article on posting bond at the Henderson Jail.
North Las Vegas Detention Center
If the charge is in Municipal Court, call 702-633-1130. Hours are Mondays through Thursdays, 7:00 AM to 5:00 PM. Municipal Court is located at 2332 Las Vegas Boulevard, Suite 100.
If the charge is in Justice Court, call 702-455-7802. Hours are Mondays through Fridays, 7:00 AM to 5:00 PM. Justice Court is located at 2428 Martin Luther King Boulevard.
The North Las Vegas Community Correctional Center accepts bail/bonds between 5:00 PM and midnight. Call 702-633-1400, ext. 5710 for instructions.
Mesquite Detention Center
Go to the Mesquite Police Department at 500 Hillside Dr., next to the Mesquite Jail.
Call the Mesquite Jail at (702) 346-6925 for more information. Also, see our article on posting bond at the Mesquite Jail.
Tucker Holding Facility (Laughlin Jail)
Go to the Laughlin Courthouse cashier window. It is located at 101 Civil Way #2, next to the Laughlin Jail. Hours are Mondays through Thursdays, 7:00 a.m. to 5:00 p.m.
After hours, post bail at the CCDC in Las Vegas. It is at 330 South Casino Center Drive.
Call the Laughlin police at (702) 298-2223 for more information. Also, see our article on posting bond at the Laughlin Jail.
Additional Reading
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.
- Bail Schedule – 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.
Legal References
- NRS 697.300; NRS 178.522.
- NRS 178.484.
- NRS 178.484; NRS 178.4851; Valdez-Jimenez v. Eighth Judicial District Court (April 9, 2020) 136 Nev. Adv. Op. 20 (“The right to reasonable bail is guaranteed by the Nevada Constitution for individuals who commit offenses other than capital offenses or first-degree murder.”).
- NRS 178.4851; NRS 178.4853; Same.
- NRS 178.484; State v. Stu’s Bail Bonds, 991 P.2d 469, 115 Nev. 436 (1999); see also AB 38 (2017).
- NRS 178.4851.