Understanding Bail, Bonds, and ROR
If you’ve been charged with a crime and arrested, chances are you are chomping at the bit to get out of jail. Pretrial release may be an option for you depending on a number of factors. In any case, having an experienced local attorney on your side can make a big difference in how things unravel. The options you’re looking at include paying a bond, being released on your own recognizance, or staying behind bars until your trial.
Bail Bonds
A bail bond is a common alternative used to provide a financial guarantee that a defendant will show up in court when ordered to do so. Bail is set by the judge, and a bondsman guarantees the bail amount after the defendant, or principal, pays the bondsman a non-refundable premium, or percentage of that bail, known as the bond. Typically, the bond is around 15 percent in Nevada. The bail bondsman issues a surety bond to the court on your behalf, promising that you will appear. If you skip out and miss your hearing, the court calls the bond due, and the bondsman must pay up, meaning they’ll come after you for the balance, which you forfeit.
Bondsmen don’t offer this arrangement out of the goodness of their hearts, of course. They get to keep the premium you paid up front, regardless of the outcome, and they’ll definitely use all their resources to find you if you skip out. And they won’t make a deal with you in the first place unless you have the collateral–such as a vehicle, cash in the bank, or a home, for example, to make the risk worth their while. In the event you don’t have any such assets, they will require an indemnitor, or co-signer. If you prove to be financially unreliable, whoever signs on your behalf will be responsible for the debt.
Other Strings to Bail
The court doesn’t offer the option of bail to everyone. A number of factors are weighed by a judge as they determine if, and what amount, to set bail, including:
- The nature of the crime;
- Your criminal history;
- Your assessed flight risk;
- Your financial situation;
- Your family, job, and other connections to the community;
- Alternatives such as reporting requirements, monitoring, or release on your own recognizance (ROR).
If you are granted bail, the court will attach restrictions to your activities, any violations of which could result in the revocation of the bail agreement and land you back behind bars until your trial. Restrictions may include:
- Random drug or alcohol testing;
- Limits on travel;
- Restrictions on communications or particular locations;
- Wearing an ankle bracelet.
Protecting Your Rights
The Las Vegas criminal defense attorneys at Lobo Law always fight to protect your rights and achieve the best possible outcomes for you. When the court doesn’t see ROR as an option, we work to get a manageable bail set and go to work on your defense. To discuss your situation, schedule a confidential consultation in our Miami office today.
Source:
doi.nv.gov/Consumers/Bail_Consumer_Information/
