Arrest and Bail

Las Vegas Justice Court Issues Newly Revised Standard Bail Schedule

May 21, 2015 | Hofland & Tomsheck

In previous posts to this Blog, the law office of Hofland & Tomsheck has written information on the standardized bail schedules utilized by various Courts in Las Vegas and Clark County Nevada. As with all things, this information is subject to change and updating. On May 21, 2015, the Las Vegas Justice Court announced it was creating and releasing an newly updated Standard Bail Schedule for crimes withing its jurisdiction. This applies to all felonies, gross misdemeanors, misdemeanors and other specific crimes. This revised bail schedule becomes effective May 26, 2015. When it goes into effect, all bookings into detention centers (“jails”) such as the Clark County Detention Center, will be governed by the new schedule. Therefore, if you, or someone you know such as a loved one, is arrested anytime after 6:00 a.m. on May 26, 2015, their arrest and booking will be controlled by the new bail schedule.

The newly adopted STANDARD BAIL SCHEDULE changes the standard bail amounts in Las Vegas Justice Court which have been in effect since 2011. The new schedule is as follows:

“I was arrested, but they never read me my rights”

October 20, 2013 | Hofland & Tomsheck

“I wasn’t read my rights when I was arrested. Was the arrest legal?” “Can I be prosecuted if I was never read my rights?” This issue comes up often when people have their first contact with the police or are arrested. In fact, we are often asked questions related to this scenario after a client or their loved one has been arrested or charged with a crime. Here at Hofland and Tomsheck, we want to clear up any confusion related to the legality of reading ones rights as we fight to put unfortunate situations such as this behind clients or their loved ones.

When do the police have to read me my Miranda rights?

You have probably all watched a television program where the police take their suspect into custody. What do they always say? “You are being arrested for the Murder of Mr. Jones. You have the right to remain silent. Anything you say can and will be used against you. You have a right to an attorney…” In the world of television, the scene usually cuts and all of a sudden the lawyers are in Court with the suspect. In the real world, the workings of a person’s rights such as these, called Miranda rights, are much different. The name Miranda rights, comes from the 1966 United States Supreme Court case of Miranda vs. Arizona. In that Continue reading ›

Arrested on the Las Vegas Strip – – What should I do?

October 18, 2013 | Hofland & Tomsheck

What happens in Vegas stays in Vegas, right? While that is the image that the powers that be in advertising have implemented as a clever way to get tourists to visit Las Vegas, the unfortunate reality is that in many cases, when a person acts outside the bounds of the law in Las Vegas, that person stays in Las Vegas – – in custody for a criminal offense.

While many individuals come to Las Vegas to take part in all that our 24 hour city has to offer and have no issues, many folks that visit our fair city step outside of the restraint they exhibit at home. While vacationing in Las Vegas, many individuals do things they wouldn’t do at home – – such as staying out late, drinking alcoholic beverages and generally “letting loose.” It stands to reason that this relaxed restraint can lead to activities a person may not take part in at home. Overindulging in alcohol, depriving oneself of sleep and the like can cause a person to act in a manner which results in arrests or worse, criminal charges.

At the law firm of Hofland & Tomsheck, we consult weekly, if not daily, with people who have been arrested for such incidents. Bar fights can lead to battery charges. Spats with spouses can lead to charges of Battery Constituting Domestic Violence. A desire to “party hard” can lead to possession of controlled substance charges.

What will my bail be? The Las Vegas Justice Court Standard Bail schedule

October 4, 2013 | Hofland & Tomsheck

NOTE: EFFECTIVE MAY 26, 2015, THE LAS VEGAS JUSTICE COURT BAIL SCHEDULE HAS CHANGED. PLEASE SEE OUR BLOG POST DATED MAY 21, 2015 FOR THE UPDATED BAIL SCHEDULE REFLECTED HERE:

One of the more common questions asked by people contacting my office after they, or a family member, has been arrested is – – “How much will bail be.”

While the State Court System in Las Vegas, more precisely in Clark County Justice Court, has had a “standard bail schedule” for many years, effective September 1, of 2011, the Court implemented a simplified system, which is commonly followed by Courts in Las Vegas when setting bail in criminal cases.

The Justice Court, Las Vegas Township STANDARD BAIL SCHEDULE can be found online and is often the main point of reference for judges setting bail in criminal cases.

The STANDARD BAIL SCHEDULE sets bail by individual offense or by level of offense, as identified in the Nevada Revised Statues (or “NRS”).

Some crimes have no standard bail and are typically referred to as “set in court” bail amounts. In those instances, judges will traditionally listen to argument from the parties (the prosecutor and the defense attorney) before setting bail. Among the offenses which are “set in court” amounts are:

Category “A” Felonies:

Category “A” Felonies are the most serious charges in Nevada. By definition, a category “A” felony is any crime which can carry the potential of a life sentence. They include the following crimes and offenses: MURDER, SEXUAL ASSAULT, FIRST DEGREE KIDNAPPING and HIGH LEVEL TRAFFICKING in a CONTROLLED SUBSTANCE; and

So you’ve been arrested in Las Vegas? Now what? Important factors in Bail release

April 19, 2013 | Hofland & Tomsheck

So you’ve been arrested. Or maybe your family member or loved one has. It’s a scary thing to be taken into custody. One of the most commonly asked questions of a criminal defense lawyer in Las Vegas is how to get out of custody after arrest.

The most common way to get out of custody after an arrest is by posting a bail or bond. The purpose of bail is to ensure that the person posting the bail will return to Court.

In ALMOST every case, a person charged with a crime is entitled to a bail and is able to post a bond. This is a right that is carved out in our Nevada Constitution. Article 1, Section 7 of the Nevada Constitution provides that “all persons shall be bailable by sufficient sureties; unless for Capital Offenses or murders punishable by life imprisonment without possibility of parole when the proof is evident or the presumption great.”

I say in ALMOST every case because there are a few exceptions to a person’s entitlement to bail. For instance, Nevada Revised Statute (“NRS”) 178.484 deals with a person’s right to bail before a conviction, as well as the exceptions to that right. It states that “a person arrested for an offense other than murder of the first degree must be admitted to bail.” However, according to NRS 178.484(2), a person who is arrested for a NEW felony while on probation or parole for a different offense must not be admitted to bail unless certain requirements are met. Additionally, NRS 178.484(4) addresses when a person is arrested for First Degree Murder by saying “a person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.” Finally, when a person fails to show up to Court, and a Bench Warrant has issued, that person can be held without bail pending the resolution of the case.

In the vast majority of cases that don’t fall into the categories described above, the Nevada Legislature has told the Court what factors to consider when setting bail. NRS 178.498 tells the Court that if a Defendant who has been charged with a crime is given bail, the bail must be set at an amount which in the judgment of the judge making the decision “will reasonably ensure the appearance of the defendant and the safety of other persons and of the community” taking into considerations such as “the nature and circumstances of the offense charged,” “the financial ability of the defendant to give bail,” “the character of the defendant” and “the factors listed in NRS 178.4853.”