Understanding the Bail Bond Process in Las Vegas
What is bail?
Bail is a process in our legal system that allows releasing of a criminal defendant from jail while their case is still pending.
A bond is a sum of money that is posted with the court to ensure the criminal defendant will return to his or her next court date. The court holds the bond money until all the court proceedings complete and then returns the money to the person or company that posted it.
What is a bail bond?
A bail bond is a promise guaranteed by money that the defendant will show up for future court dates. The court will keep all the bond money if the defendant fails to appear for a court date and a bench warrant is issued.
Paying bail with cash
You can pay for bail with your own money. The cash must be paid directly to jail. The money will be refunded back to you in the form of a check two months after the legal process is completed.
Bail bond and bail bond agency
If you cannot afford to pay the bail in cash, a bail bond agency can pay it for you. A bail bond (or a surety bond to be more precise) is when a defendant or his/her family hires a bondsman to post a bond on their behalf.
Under Nevada law, a bail bond company cannot charge more than 15% of the bail amount. If the bail is set at $1,000.00, the cost to bail out of jail is $150.00 or less. In the state of Nevada, the Department of Insurance regulates all bail bond agencies.
How do bail bonds work
Once you hire a bail bond company, a bail agent will deliver the bond money to the jail on your behalf. When the bond money is given to the jail, the defendant is released from custody.
Getting a bail bond
Hiring a bail bond agency is easy. Contact any Las Vegas bail bond agency with the name of the arrested person and the jail he or she is being held in (if known). The licensed bail bond agent will locate the defendant in the detention facility, contact the facility to verify the bail amount, and complete the necessary paperwork to ensure the defendant is released from jail.
Applying for a bail bond over the phone (bail by phone)
The bail bond process may be completed over the phone by supplying a bail bond agent with the necessary information about the arrested person. Also, there are a few documents that will require your signature. Usually, these documents may be emailed or faxed to you, or you may come into the office to receive them. Read our article about what you need to know when you are co-signing a bond.
Securing bail: Bail collateral
Usually, collateral is something pledged as security for repayment and will be surrendered in the event of the default. Collateral is not always a prerequisite when posting a bond.
In Las Vegas, when collateral is required, the bonding company will hold something of value to secure bail - a car title, a real estate deed (home or condominium), or a bank account. Once the defendant appears in court, the collateral is returned to the legal owner.
Note: Unlike collateral, the bail agent's fee (15%) is not refundable. This fee is a payment for services rendered regardless of the outcome of the case.
Documents needed
Usually, the following documents are needed to process the bail bond:
- A client information form
- Payment arrangement form (if necessary)
- Authorization to process payment
- An information form regarding future court dates and client responsibilities
All necessary forms can be sent to you by fax or e-mail.
Are all offenses bailable?
No. Not all types of crime are bailable. Generally, the capital offenses - murder, treason, espionage, and other crimes punishable by the death penalty or life imprisonment are not bailable.
Bailable offenses
The bail bonds agencies will most of the time, provide the jail release bonds for all misdemeanor and felony arrests, such as:
- Warrant arrests
- Drug possession
- Domestic battery
- Assault
- Casino cheating
- Grand larceny
- Driving Under the Influence (DUI)
The amount of bond
The judge determines the bond amount. If you don't know the amount of bond, don't worry. The bail bond agent will contact the Las Vegas jail and find out the amount from them. Once they know the bond amount, the bail bond agent can determine what will cost you to post bail to ensure the defendant's release.
Jails in Las Vegas
The largest and most used jail in the Las Vegas Valley is the Clark County Detention Center. It has two facilities and houses over 1000 people. Check our Inmate Search for information on how to located in inmate in Las Vegas.
If the case continues for longer than a year, will the bond expire?
It depends on the bail bond company. At some bail bond companies, bonds will expire after 12 months, and then you have to renew the bond and pay the premium again, and at some agencies issue bonds for the duration of the entire court case. When getting a bond, don't forget to ask your bail bond agent if you have to renew this bond at the end of the year.
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