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Your Constitutional Right to Bail Bonds

Jul 8, 2017 | Blog, Legal Tips

No one comes to Las Vegas expecting to get arrested, but it’s a reality for some of the millions of visitors who arrive in the city each month (and some residents, as well). Often, the activity that led to the arrest was a mistake, a poor judgment call at the wrong place, wrong time, and the defendant is unlikely to commit another crime. When good people make mistakes, they need to deal with the consequences, but deserve to carry on with their lives outside of jail while awaiting a court date. For many, bail bonds make this possible.

Your Right to Bail

Specific bail laws vary from state to state. In the Eighth Amendment of the US Constitution, you are protected against the imposition of “excessive bail,” which is generally understood to imply the right to bail in general.

Furthermore, you are innocent until proven guilty. This is an international human right, according to the UN’s Declaration of Human Rights, and a principle set forth in an 1895 Supreme Court ruling in Coffin v. United States. Innocent people don’t belong behind bars, and it’s unfair for you to lose time at work or with your family until it can be proven that you actually did something wrong. Appropriate punishments should begin at that point, not before.

Your Bail Hearing

You will have a hearing to determine whether or not you are eligible for bail. Unless you’ve been arrested for first-degree murder or meet certain other conditions as outlined in Chapter 178.484 of the Nevada Revised Statues, you will be considered for bail. NRS 178.498 explains how the bail amount is carefully determined. The considerations include, but are not limited to, the following:

  • The nature of the offense.
  • The ability of the defendant to provide bail.
  • The defendant’s character, reputation, and mental state.
  • The defendant’s employment status and status in the community.
  • The status and reliability of people who can vouch for the defendant.
  • The defendant’s prior criminal record.
  • The defendant’s likelihood of committing another crime.

Your Obligation

When you are arrested, you are taken to jail for booking, a process that includes fingerprinting and photographing. When the process is complete, you can arrange for bail. Anyone can post bail for you; most likely, this will be a family member or friend. In some circumstances, you can even post your own bail, though there are stricter requirements for doing so.

We work with you to establish collateral and arrange payment, which, as set by Nevada law, is 15 percent of the bail amount. We understand that each financial situation is different, and we will do what we can to devise a flexible payment plan that works for each client.

We take it from there. No extra fees, no extra nonsense. Through it all, we explain what’s happening and what’s required of you to make this stressful situation as easy as possible.

After we’ve posted your bail, you’re free to go. Your remaining requirement is to show up for your court date. If you do not show up, a warrant will be issued for your arrest. Anyone who posted bail for you is held responsible for any fees associated with finding and arresting you.

At Clark County Detention Center in 2014, “20% of all releases were due to Bail or Bond being posted.” 8-Ball Bail Bonds is proud to have been a part of some of those releases, and we continue our commitment to serving this community and the bail bond needs in states across the country. If you find yourself in need of bail, no matter the day or time, contact 8-Ball. We will work efficiently, ensuring your privacy and getting you back to your life and family as quickly as possible.