Bail bonds are truly an unplanned expense. You rarely count on having to bail yourself of a loved one out of jail. If for some reason, you or a friend find yourself in trouble, you will need to know what to do and how to handle the situation.
The crime a person is charged with will determine the bond amount. In most cases, bail amounts will vary according to the crime. Even if you have dealt with bail bonds in the past, a slight change in circumstances can change things.
This article will help you understand how bail is set and what determines the amount. Because each situation is different, there are several things that need to be considered.
Standard Bail in Las Vegas
The 8th amendment of the Constitution gives each person the right to bail if they are eligible. It protects defendants from excessively high bail amounts. It also demands that the court set a bail amount that fits the crime the defendant is accused of committing. It is against the law for the judge to set a bail amount that does match the crime that has taken place.
For example, battery is considered less severe than assault with a deadly weapon. In this case, the assault charge would carry a much higher bail amount than the battery charge.
In compliance with the 8th amendment, the Clark County court has created a bail bonds schedule that contains standard bail amounts for specific crimes. The standard amount is what would normally be set for a certain crime if the defendant was held over for arraignment. The category of crime will determine which standard bail amount is used in each case.
In Las Vegas, the standard bail amounts are as follows:
- Felonies: $5,000 to $20,000 (depends on which felony category the crime falls into)
- Gross misdemeanors: $2,000
- Most misdemeanors: $1.000
Serious crimes may have no standard bail set at all. In these cases, a judge will set the bail depending on the circumstances of the case. More serious charges include: sexual assault, murder, attempted murder, battery, kidnapping and battery with intent to commit sexual assault
Standard Bail for Common Criminal Charges
It is important to know the standard bail amounts for certain criminal charges. This information will be useful if you know of someone who may need bail and has been charged with one of the following crimes in Clark County, Nevada.
Domestic violence and battery are classified as misdemeanors in Nevada. However, they have a much higher bail standard than other types of misdemeanors. $3,000 is the standard bail for these types of crimes. For second time offenders, the amount of standard bail jumps immediately to $5,000.
A third domestic violence or battery charge will result in a standard bail amount of $15,000. This is also the standard bail amount for any domestic violence charge that results in bodily injury to another person. This amount applies for the first offense when talking about this type of charge.
Domestic violence and battery charges carry a minimum of 12 hours in jail immediately after the person's arrest. They must remain in jail for the full amount of time, even if bail was posted shortly after the booking process was completed.
Driving Under the Influence
Even though driving under the influence is considered to be a misdemeanor, the standard bail amount is higher than that of other charges. Bail for the first offense is $2,000 (double the normal $1,000). The bail is $5,000 for a second offense.
In some cases, more serious circumstances are involved in cases where a DUI charge has been filed. This can include bodily injury or harm to another individual or even death. If this is the case, there is no standard bail amount. The judge will review the case and set bail at the arraignment hearing.
Possession of Marijuana
A charge for possession of marijuana is a misdemeanor offense. This includes both first and second offenses, as long as it involves one ounce or less. $1,000 is the standard bail amount for this charge.
Three or more charges involving the possession of marijuana fall into the gross misdemeanor or felony category. When charges are continually received for the same offense, bail will normally rise with each offense. Bail will also be higher if the amount of marijuana is over one ounce. The larger the quantity of marijuana, the higher the bail amount.
If the charge includes intent to sell or distribute, the bail will be considerably higher. Intent to sell is a Class D felony, which carries a standard bail amount of $5,000.
Bail That Varies from Standard Bail
Standard bail amounts generally differ from the actual amount a person would receive if they appeared in court. A judge has the authority to alter bail amounts to fit the crime that has been committed. Past criminal history, possible flight risk, nature of the crime and its severity are all factors that will be considered.
The law also plays a role in requiring a larger amount of bail. Crimes committed on school grounds, crimes against victims who are 60 years and older and those that involve the use of a deadly weapon are just a few examples.
You Can Navigate Bail and Bail Bonds
Bail bonds can be confusing if you do not know the law. Standard bail amounts are put in place for a purpose. Learn as much as you can about them. By doing so, you will be able to understand what is going on if you are asked to post bail for a friend or loved on. This will help you feel more secure in knowing what decision to make when it comes to posting bond or leaving the defendant in jail.
Call Godfather's Bail Bonds if a friend or loved one has been arrested. Each agent has years of experience and can help you make the right decision. Call 702-384-4007 now!