Articles Tagged with Bail

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

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:

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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

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