DUI Bail Process: How to Post Bail for DUI in Nevada
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Getting pulled over and arrested for DUI is a very stressful and scary situation to be in. You may have never been arrested before, and you may not know what to expect and what to do in this situation. Any good lawyer would tell you that you should never try to navigate the difficult court system on your own.
Always hire a legal defense team with expertise in DUI cases. If you are arrested and taken to jail, you will need to have a family member post bail in some cases.
Before you post bail or do anything else, have a family member contact a DUI attorney.
The choices you make early on in your DUI case could make all the difference later on.
Contact The Defenders today for a case evaluation.
What Is Bail Anyway
After the defendant is arrested, they are held in jail. They can be held in jail until the trial if warranted by the prosecutor. However, most accused defendants can post bail set by the court to gain release from jail until their trial has been adjudicated.
Bail is the conditional release of a defendant with the promise to appear in court when required.
In the United States, bail usually implies a bail bond— a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention.
If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear as well as the initial crime they were charged with. If the suspect returns to make all their required appearances, bail will be returned after the trial is concluded.
Should I Use a Bail Bondsman
A bail bondsman or bond agent is any person, agency or corporation that will act as a surety and pledge money or property as bail for the appearance of a defendant in court.
A bail bondsman or bail agent will post bail for a defendant facing charges like DUI. The family or the defendant will have to pay the bail agent a percentage of the bail and a fee for the bond agent to post the bail.
The bail agent will lose the bail bond if the defendant fails to appear in court.
Bail bondsmen or bail agents are used when a defendant can’t afford to post bail. Bail bondsmen should be used to post bail so you do not have to use any financial resources that you may need for other things.
DUI Arrest and Bail
When you are arrested for DUI, you will be processed and sent to jail. The length of time you spend in jail will be based on the severity of your charges and the situation you’re in.
- A first-offense DUI in Nevada is a misdemeanor offense. In some cases, you can be released on your recognizance, paying no bail at the time of the arrest.
- A second offense DUI or a DUI arrest for the second time in seven years will require jail time to be served as a condition or sentence for being convicted of 2nd offense DUI. With a second offense, you will be processed and sent to jail.
Bail for misdemeanor offense DUI or first or second DUI is usually under $5000. When posting bail you will be required to post 15% of the total bail amount.
For example, if your bail is $5000, then you are required to pay $500 to the bail bondsman to pay the full bail amount of $5000.
- Felony DUI or a third DUI or DUI involving an accident causing great bodily injury or death of another, the bail could be over $10,000.
If someone was killed during the commission of a crime, like a felony DUI, you may be charged with murder and bail might not be an option.
There are certain crimes that a defendant can be charged with where there is a no bail option like murder, or if a defendant is a repeat offender of crimes.
Bail Hearing
In most DUI cases, you can either be released on your one recognizance or pay a small bail amount to be released without a hearing.
However, if you are arrested for felony DUI with bodily injury or death, you may be required to attend a first court appearance known as an arraignment.
During the arraignment, the charges against you will be read in court and the defendant will usually plead not guilty. Once the charges are read, bail will be set by the judge.
Your defense attorney can ask for the minimum bail based on the crime you are charged with.
If you are granted bail you can post bail to get out of going to jail while you await your court date.
DUI Cases and Bail
Misdemeanor DUI cases rarely involve a bail hearing or posting bail. A jail sentence will most likely be suspended as long as you complete all other penalties of your DUI case if you’re convicted.
In lieu of jail time, you may be sentenced to hours of community service and fines to the court.
You will also have to attend DUI classes and a MADD impact class. Your license will be suspended for a period of time depending on the DUI case.
Felony DUI or third offense DUI or DUI with bodily injury or death may require a bail hearing.
If you have had previous DUI cases or caused the death of another, you may not be granted bail and may have to stay in jail while you await trial.
Why Should You Hire Our Las Vegas Criminal Defense Law Firm
Most people have little or no information about how law enforcement or legal systems work.
Hiring a lawyer who understands the legal process and has the knowledge of the court systems function is essential if you have been charged with a crime including DUI.
An experienced DUI lawyer will apply their legal skills and years of courtroom experience to the specifics of your case. Every case is different and requires a different approach.
Navigating the criminal justice system without a lawyer is not a good idea and can be very confusing, frustrating, and risky.
An experienced criminal defense attorney is connected to others within the legal system, so your case won’t be the attorney’s first experience in court.
Our defense team knows the procedures, the judges, the jury selection process and the loopholes to help you navigate your case.
Not having an attorney can have a negative effect on your case and can cause a number of things to go wrong.
Our lawyers –
- Will aggressively put in all efforts to get the penalties and fines reduced
- Can help you achieve a fair outcome or a plea deal
- Can protect you from prosecution
- Can examine evidence and investigate your case
- Will fight to keep your criminal record clean
Bail and Release Assistance for Nevada Jails
Are you or a loved one being held at a local Nevada Jail?
Our criminal defense lawyers can assist you with Nevada bail and inmate release information, locating a Las Vegas bail bonds agent, and working quickly on a strategy to get a defendant released as quickly as possible.
If you are arrested on a Friday, it will be Monday before anything can happen and you might spend the weekend in jail.
Counties and jails always change their release guidelines, so you want The Defenders to guide you. We will do the research for you and guide you through the entire process.
Call The Defenders today for a case review if you have been arrested on suspicion of DUI.
