Bail is an amount of money set by and held by the court to guarantee that you will be present for your future court dates. Sometimes a judge will deny bail entirely, and other times a judge will release a person on “O.R.” Being released on O.R., or “Own Recognizance” means the judge is accepting that person’s promise to make future appearances before the court and does not require bail.
There are several factors that are considered when assigning a bail amount: the crime alleged, the jurisdiction in which the crime allegedly took place, the defendant’s criminal background, the defendant’s ties to the community, and the facts of the case.
How does bail work? There are two ways to “make bail”.
- The first is to pay the full amount of bail in cash. When the case is closed and the defendant has made all court appearances, the court will exonerate the bail, and the bail is refunded. If there are outstanding fines, fees, or restitution, that amount may be deducted from the refund. If the defendant has failed to appear for a court date, the bail is forfeited, and a warrant is usually issued for the person’s arrest. When taken back into custody, the person will not be eligible for bail.
- If the full amount of bail is not available in cash, a bond agent may be needed. Per Nevada Revised Statute 697.300, bond agencies operating in Nevada shall charge 15% the amount of the bond, or $50, whichever is greater. The bond agent will require either a percentage of the bail amount up front, or collateral. The bondsman will post a bond for the defendant to be released. When the case is closed and the defendant has made all court appearances, the court will exonerate the bail, the bail will be refunded to the bondsman, and the bondsman will release the collateral.
Contact a Las Vegas Nevada attorney at (702) 731-0000 for a free consultation.