Bail is a procedure by which a Magistrate or Judge releases someone who has been arrested or incarcerated for a crime after receiving cash as collateral. When arrested in Las Vegas, a Las Vegas bail is paid, which is typically in the form of cash. This essentially backs the defendant's promise to appear in court at a later date as ordered by the judge. As in all places, Las Vegas bail can be paid by the defendant or on his or her behalf by someone else, such as a friend, family member, etc.. Whomever pays the bail, is guaranteeing that defendant will appear for all future court dates regarding the criminal case as directed by the judge or court system. Is it important to remember that paying bail has nothing to do with a defendant's guilt or innocence. It is merely an assurance to the judge and court system that the defendant will appear in court to resolve the matter. Once the defendant has resolved their court case and all obligations to appear in front of the court have been met, the cash amount paid as a Las Vegas bail, minus any court fees will be returned to the person that posted the bail.

Las Vegas Bail - Promise to Appear

By posting a Las Vegas bail, it is essentially telling the court that a defendant will come back to the Las Vegas court to face charges. This bail ensures there is a financial consequence if the defendant fails to appear. When defendants do not appear in court as ordered, the amount paid as Las Vegas bail will be kept by the court.

Las Vegas Bail - Protecting the Innocent

Since all people arrested are presumed innocent until proven guilty, the purpose of paying a Las Vegas Bail is to avoid having innocent people potentially being punished unjustly. In addition, paying a Las Vegas bail is supposed to allow criminal defendants unimpeded time to prepare their case's defense in anticipation of a trial. Once the defendant has satisfied the court's requirements, money posted as a Las Vegas Bail is typically returned to the defendant or party that put forth the money.

Las Vegas Bail Options Explained

There are actually 5 options for release that may be available in some cases for those who have been arrested. They all lead to the same outcome, which is the defendant being released from incarceration, while still being obligated to appear before the court to resolve the criminal charges. However, they are different in the who facilitates the defendant's release, how much money it costs the defendant or family member and precisely when it happens after an arrest. If you have any questions about any of these five options, please feel free to contact the Las Vegas Bail Bonds Group for more information.

Las Vegas Bail Option #1

Bail: As mentioned above. This is cash paid directly to the court, offering some financial assurance to the court that a defendant will appear in future court proceedings. Paying a cash Las Vegas bail is one of the quicker methods to secure release, but also requires producing the entire bail amount out of pocket. This means the full bail amount is due to the court before the defendant is released.

Las Vegas Bail Option #2

Surety Bond or bail bond:
In lieu of paying a Las Vegas bail in cash, the defendant has the option of a surety bond to garner their release. These work the same way as paying a Las Vegas bail in cash, but are posted by a licensed Las Vegas bail bondsman. The Las Vegas bail bondsman is guaranteeing the defendant will be present for all future court appearances. However, to secure the defendant's release they don't typically put up the full cash bail amount. A licensed Las Vegas bail bondsman will post what is called a surety bond or bail bond. This is a contract with the court, saying that they as a Las Vegas bail bondsman, will be responsible for the defendant appearing in court for all scheduled appearances. The surety bond is a contract between the Las Vegas bail bondsman and the court promising the defendant will appear. If the defendant misses a court appearance, the the bail bond agent must pay the court the full bail amount. The surety bond is similar to a check that isn't cashed unless the defendant fails to appear. If the defendant does appear for all of their court dates and obligations, then the surety bond placed by the bondsman in lieu of cash, will be exonerated, meaning the courts no longer require assurances the defendant will appear. Furthermore, the relationship between the Las Vegas bail bondsman and the defendant also ends at this point, as no more guarantees are needed that the defendant will appear before the court.

Las Vegas Bail Option #3

Property Bond:
Depending on the jurisdiction a defendant may obtain release from custody by posting a non cash bond. This bail bond is collateralized by property with the court. However, unlike posting Las Vegas bail in the form of cash, a property bond is not a normal occurrence. If it were to happen, the court records a lien on property such as real estate to secure the bail amount. If the defendant fails to appear in court of his or her designated date, foreclosure proceedings may be ordered by the court against the property to obtain the forfeited bail amount.

Las Vegas Bail Option #4

Citation Release:
Instead of having to undertake the cost and expense of a cash bail law enforcement may issue what is called a citation release. A citation release is preferable to paying cash bail or even posting a bail bond, as it requires no money. It only involves a citation being issued to the defendant by the arresting officer informing them (the defendant) that he or she must appear in front of the court on an appointed court date. This type of release usually usually occurs immediately after an individual is arrested.

Las Vegas Bail Option #5

Own Recognizance (OR):
Instead of paying cash bail, Las Vegas area facilities may allow a defendant to be released on their own recognizance. This is an attractive alternative to paying a cash bail as it involves little to no expense on the part of the defendant. It is reserved for low risk defendants that are deemed to have little threat to the community, non serious criminal backgrounds and aren't charged with major crimes. This Las Vegas bail alternative occurs when a defendant secures release prior to trial through a county or law enforcement administered pre-trial release program. This usually involves staff member or deputy of the jail conducting an interview with a defendant to recommend to the court that they be released on their own recognizance. This is also called being released on "OR".