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:
Category “A” Felonies: No Bail. Set in Court.
Category “A” Felonies are the most serious charges in Nevada. These crimes carry up to a potential life sentence and include allegations of high level drug trafficking, 1st degree kidnapping, sexual assault and murder. As such, these arrests involve bookings where generally no bail is set originally, but rather have bail amounts set in court after a Justice of the Peace has reviewed the case and other items such as the risk of flight or the risk of recidivism, as well as taken full briefing and/or argument from the lawyers on the case.
The Category “B” Felonies: Bail settings vary as outlined below:
Crimes with a maximum term of imprisonment of greater than 10 years: $20,000.00
Attempted Category A Felonies (such as attempted Murder): No Bail. Set in Court.
Driving Under the Influence resulting in substantial bodily harm or death: No Bail. Set in Court.
Crimes with a maximum term of imprisonment of 10 years: $10,000.00
Crimes with a maximum term of imprisonment of less than 10 years: $5,000.00
Driving Under the Influence (3rd or subsequent offense): $20,000.00
Category “C” Felonies: $5,000.00
Crimes of Battery Domestic Violence, including a 3rd or subsequent offense, committed by strangulation or resulting in substantial bodily harm: $15,000.00.
Category “D” or “E” felonies: $3,000.00
Gross Misdemeanors: $2,000.00.
Battery Domestic Violence: $3,000.00
Battery Domestic Violence, 2nd offense: $5,000.00
Driving Under the Influence: $2,000.00
Driving Under the Influence, 2nd offense: $5,000.00
Violation of Protection Order: $15,000.00
Additionally, there are additional penalties, known as “enhancements,” for certain types of crimes in Nevada. These enhancements include such items as the use of a deadly weapon in the commission of a crime (NRS 193.165), a crime committed in the furtherance of a “Gang” (NRS 193.168) or a crime committed against an older or vulnerable person (NRS 193.167). These enhancements double the standard bail amount outlined above.
As with the previous bail schedules followed by the Courts, this new schedule is simply meant to be a standardization of a typical bail setting. There are always different and additional factors for the Court to consider when setting bail. As such, bail amounts can be raised or lowered based on the Motion or Argument of the attorneys involved. A knowledgeable and experienced Las Vegas Criminal Defense Attorney knows the factors to investigate and argue and can help in assisting with getting you, or your loved one, out of jail. Attorney Josh Tomsheck has handled thousands of bail hearings and is often successful at lowering or eliminating bail. Should you need assistance with a question related to bail, or any Criminal matter in Nevada State or Federal Court, contact Hofland & Tomsheck today.