* This article is not intended as advice for your specific matter. Rather, it is a general article about Nevada law. If you have questions about your particular case, please call Mueller, Hinds and Associates, Chtd. immediately at (702) 940-1234. This information is valid as of July 24, 2017.
When a person is arrested, they are entitled to a bail setting within 48 hours. That means that a judge reviews the police report and the accused’s criminal record, failures to appear and the charges, then sets a bail. Bail is meant to secure the defendant’s return to court, not for punishment. That’s the purpose, but the reality is far different and has sparked a national debate in liberal and even conservativecircles as to the injustice of holding someone in jail who is presumed innocent. Even current Nevada Supreme Court Justice Michael Cherry has recently weighed in at the Nevada legislature.
What that means for the accused who are currently in jail is that the tide is shifting toward lowering bail and even releasing non-violent offenders without bail.
Releasing someone without bail is governed by the Nevada Revised Statute 178.4853 which requires the judge to consider ten factors before releasing someone without bail:
1. The length of residence in the community;
2. The status and history of employment;
3. The relationships with the accused’s spouse, children, parents, family members and close friends;
4. The reputation, character and mental condition;
5. Any prior criminal record and failures to appear in court;
6. Whether there are responsible members of the community who would vouch for the reliability of the person
7. The nature of the offense, probability of conviction, likely sentence as they relate to the risk of not appearing
8. The nature and seriousness of the danger to the alleged victim, any other person or the community that would be posed by the person’s release;
9. The likelihood of more criminal activity by the person after release; and
10. Any other factor concerning the person’s ties to the community or bearing on the risk that the person may willfully fail to appear.
Hiring an experienced criminal defense attorney can help you get your loved one out of jail without posting bail. An experienced criminal defense attorney will review these factors with you and decide what to argue to the judge and strategize how to get you or your loved one out of custody.
Are you or a loved one charged with a crime? Hire an experienced criminal defense attorney at Mueller Hinds & Associates for representation and help getting out of custody. Come in today for a free consultation.