How to Get Lower Bail or an Own Recognizance Release in Nevada

How to Get Lower Bail or an Own Recognizance Release in Nevada

Facing criminal charges and the possibility of spending time in jail while awaiting trial can be a daunting experience. For many, the ability to secure bail or an own recognizance (OR) release can make a significant difference in preparing a strong defense and maintaining normalcy during the legal process. In Nevada, the laws governing bail and release are primarily found in NRS Chapter 178. Understanding these laws and how to effectively argue for a reduction in bail or an OR release is crucial for anyone involved in the criminal justice system. In this blog post, we will explore the options for obtaining lower bail or an OR release, the factors the court considers, and how an experienced attorney like Josh Tomsheck can help you achieve the best possible outcome.

Understanding Bail and Own Recognizance Release

What is Bail?

Bail is a set amount of money that acts as insurance between the court and the defendant. It is designed to ensure that the defendant returns for future court appearances. Under NRS 178.4851, bail can be set by the court based on several factors, including the severity of the charges, the defendant’s criminal history, and their ties to the community. The defendant can post bail in cash or through a bail bond company, which typically requires a non-refundable fee of around 10% of the bail amount.

What is Own Recognizance (OR) Release?

An OR release allows the defendant to be released from custody without having to pay bail. Instead, the defendant signs a promise to appear in court as required. This option is typically reserved for individuals who are deemed to be a low flight risk and pose little to no danger to the community. NRS 178.4853 outlines the conditions under which a defendant may be granted an OR release, including factors such as the nature of the offense and the defendant’s history.

Factors the Court Considers for Bail or OR Release

When determining whether to grant lower bail or an OR release, the court takes several factors into consideration under NRS 178.4853:

1. Nature and Circumstances of the Offense: Serious or violent offenses are less likely to result in an OR release. The court will assess whether the crime involved weapons, violence, or threats to public safety.
2. Criminal History: A defendant with a lengthy or serious criminal record is less likely to be granted an OR release. Prior failures to appear in court can also negatively impact the court’s decision.
3. Ties to the Community: The court will consider the defendant’s ties to the community, including family relationships, employment, and length of residence. Strong community ties indicate that the defendant is less likely to flee.
4. Employment Status: Being employed or actively engaged in education can be viewed favorably, as it shows the defendant has responsibilities and a routine that ties them to the area.
5. Past Court Appearances: A history of appearing for all scheduled court dates can work in favor of the defendant, demonstrating reliability and respect for the legal process.
6. Public Safety Concerns: The court will assess whether the defendant poses a risk to the safety of the community or specific individuals. If there are concerns about the defendant reoffending or intimidating witnesses, an OR release may be denied.
7. Substance Abuse and Mental Health Issues: If substance abuse or mental health concerns are present, the court may require additional conditions for release, such as participation in treatment programs or regular check-ins with a probation officer.

How to Argue for Lower Bail or an OR Release

1. Presenting Strong Community Ties

One of the most persuasive arguments for lower bail or an OR release is demonstrating the defendant’s strong ties to the community. This can include:

• Providing evidence of stable employment or active school enrollment.
• Showing that the defendant has lived in the community for a significant period.
• Highlighting family relationships, such as the responsibility of caring for children or elderly relatives.

2. Highlighting Lack of Criminal History

If the defendant has no prior criminal record or a minimal history of non-violent offenses, this can be a compelling argument for release on their own recognizance. It shows the court that the defendant is not a habitual offender and poses little risk of reoffending while out on bail.

3. Offering Conditions of Release

If the court is concerned about flight risk or public safety, the defense can propose conditions of release to alleviate these concerns. These conditions can include:

• Regular check-ins with a pretrial services officer.
• GPS monitoring or electronic ankle bracelet.
• Abstaining from drugs and alcohol, with periodic testing.
• Compliance with a curfew.

These conditions demonstrate that the defendant is willing to cooperate with the court and reduce the perceived risks associated with their release.

4. Demonstrating Financial Hardship

If the bail amount is set too high for the defendant to afford, demonstrating financial hardship can be a basis for requesting a reduction in bail. This involves providing documentation of income, assets, and expenses to show that the current bail amount is excessive given the defendant’s financial situation.

5. Challenging the Strength of the Prosecution’s Case

In some cases, the defense can argue for lower bail or an OR release by challenging the strength of the prosecution’s evidence. If there are weaknesses in the case, such as questionable witness testimony or lack of physical evidence, the court may be more inclined to grant lower bail.

How Josh Tomsheck Can Help

Securing a lower bail or an OR release requires a thorough understanding of Nevada’s bail laws and the ability to present a compelling case to the court. Attorney Josh Tomsheck is a seasoned criminal defense attorney who has successfully represented clients in bail hearings across Nevada. His approach includes:

• Comprehensive Case Analysis: Josh will thoroughly review the details of your case, including the charges, evidence, and your personal background, to build a strong argument for lower bail or OR release.
• Personalized Defense Strategies: Every case is unique, and Josh will craft a tailored strategy based on your specific circumstances, whether it involves demonstrating community ties, highlighting your lack of criminal history, or proposing conditions of release.
• Experienced Courtroom Advocacy: Josh’s extensive experience in Nevada courts allows him to effectively advocate on your behalf, presenting persuasive arguments to judges to secure favorable outcomes.
• Dedicated Client Support: Josh and his team are committed to providing you with the support and guidance you need during this challenging time. They will keep you informed every step of the way and work tirelessly to achieve the best possible result.

If you or a loved one is facing criminal charges and needs assistance with obtaining a lower bail or an OR release, contact Attorney Josh Tomsheck today. With his expertise and dedication, he can help you navigate the complexities of the Nevada legal system and fight for your rights and freedom. Call for a confidential consultation to discuss your case and explore your options for release.