Bail Hearing In Las Vegas
Being arrested is a confusing, overwhelming process for most people, but it’s also just the beginning of the road ahead. Once you’ve been booked, you’ll have to wait for bail to be set before you can leave jail and return home.
If you cannot afford to pay the amount of bail the court issues you and cannot find a bail bondsman able to help, you might be required to wait for your court date in custody.
Before worrying about that specific detail, however, you must know exactly how much money you will be expected to pay via a bail hearing. What exactly happens during a Las Vegas bail hearing? We’ll take a look at what you can expect below.
What Is A Bail Hearing?
If you’re unfamiliar with the legal process of arrest, you might be wondering “what is a bail hearing?” It’s a reasonable question. As its name implies, a bail hearing is a court appearance during which a judge will hear the facts behind your arrest and determine whether or not you are eligible to be released from jail while waiting for your court date.
A good defense lawyer is vital during this part of the process as they can often convince the court to reduce the bail set or to even eliminate it entirely, allowing you to leave jail with one less worry on your mind.
How Does A Bail Hearing In Las Vegas Work?
During a bail hearing in Las Vegas, a defense attorney will petition the court to do one of two things:
1. Release the defendant from jail without requiring bail.
2. Lower bail to an amount the defendant could reasonably be expected to pay.
If the court agrees with either of the above, the defendant is generally released from jail – assuming they can afford the new bail amount, if one is set – until their trial date and the outcome of their case is determined.
A bail hearing in Las Vegas functions as a mini-trial where both the prosecution and defense argue their case in front of a judge and present any witnesses and evidence they have. But in this particular “trial”, the focus isn’t placed upon whether you are guilty or not. Instead, it is upon whether or not the arrestee can reasonably be released from jail pending court and be trusted to appear for their scheduled court date. To ensure their client may be released on bail, defense attorneys must convince the judge of two things at a bail hearing in Las Vegas. First, the defendant must not be a danger to their community. Second, they must not be a flight risk.
Note that judges do not have to alter your bail amount, nor are they restricted to lowering it. If the court believes that you should be held at a higher bail, it is able to increase the bail amount as it sees fit.
Is Bail A Constitutional Right?
It is important to remember that even when you are arrested, you have a set of rights to which you are entitled. One of the most important is the access to a reasonable bail amount to give you the opportunity to leave jail while also guaranteeing that you will appear for your court date. Additionally, the bail amount set must not be excessive in relation to the crime. Bail is a constitutional right.
What Is Due Process?
Another right that you have even in custody is due process. This is another constitutional right designed to ensure that defendants receive a speedy and fair trial by the end of the first business day after they’ve been arrested, that the bail amount set is reasonable, that they understand the charges they are facing, that they be informed about any grand jury indictments, and that they have a fair trial by jury. These procedural guidelines outline the individual rights of Las Vegas citizens.
What Does The Constitution Say About Due Process?
Because it’s so important, we want to emphasize once more that due process is guaranteed by the Constitution. You have rights that are protected under law, and a defense attorney works to ensure that they are upheld by the legal system as you move through the legal process. In addition to working with an experienced attorney, the bail bonds agency in Las Vegas you select should be an experienced and established one able to move quickly to help get you out of jail.
If you or someone you love have been arrested, reach out to the team at 24/7 Las Vegas Bail Bonds today! We’re ready to get you out of jail just as quickly as possible. Contact our office at 702-899-2775 for more information.