Being arrested is one of the most stressful events a person can ever experience in their lifetime. The Constitution provides several protections for an accused person. Some of these protections are the guarantee of non-excessive bail and protection from excessive punishment.
We at the Law Offices of Garrett T. Ogata know all of the laws related to getting a person bailed out of jail, and we will use this knowledge to have our clients released as soon as possible.
Nevada Revised Statutes (NRS) 178.484, 178.4851 and 178.4853 deal with granting bail to an accused person. In most instances, an arrested person will be given the opportunity to post bail after their arrest. This is not always the case though. The Constitution guarantees non-excessive bail, but it doesn’t guarantee a person will always receive bail. Bail can be denied at the discretion of the judge for several reasons:
The person has absconded from justice before.
The judge doesn’t feel that any bail amount would guarantee a person’s return for their trial (such is sometimes the case with capital charges).
Severity of the crimes committed and amount of evidence available against defendant.
A person has no significant community ties.
Any other reason a judge may feel that the accused may be considered a flight risk.
It is sometimes possible to have a bail amount reduced or eliminated altogether. In some cases a person may be released on their own recognizance (O.R.) without paying any bail whatsoever. Whether or not bail is lowered or eliminated altogether is based on several of the same factors that a judge considers before denying bail. The process of posting bail is a complicated one that even the most educated people have difficulty understanding.