What You Need to Know About Bail Reform in Nevada

What You Need to Know About Bail Reform in Nevada

Out of sight, out of mind is the way most people handle the criminal justice system. For those that work in it, daily, the details very much matter. 

Industries that suffer from this type of armchair philosophy tend to be easily maligned. Insurance, tax law, bail bonds are all things people want to avoid dealing with but sometimes have to. 

When it comes to topics like bail reform in Nevada with measures such as AB325 currently in discussion most people don’t know where to start.

This guide will walk you through the problems with these proposed changes and how they impact you even if you never see the inside of a bail office.

Bail Reform in Nevada: Essential Updates

Bail reform acts come and go. Changes are proposed far more often than they are enacted. In the past few years, severe changes came down in California

Not surprisingly, other states are looking at this program and making decisions about what and how to reform their own cash bail systems. Programs from New Jersey and New Mexico have also been highlighted in new stories since 2009. 

Each of these programs issues a set of pro numbers while leaving out the negative consequences that the reform creates.

Proposed Changes

Bail largely deals with the pretrial period. The time it takes after an arrest to see a trail to determine guilt. During this lurch, suspects are still innocent until proven guilty. 

The state doesn’t want to house people during this time or have to deal with them, it is a burden. Bail is about creating a hook to get people to appear in court.

Reform programs give undue power to arraignment judges. This creates a bottleneck in the system that is increasing the time a suspect waits to get a pre-trial hearing.

Some portions of the proposal also look at releasing offenders on their own recognizance with no bond or surety at all. This has led to an increase in failures to appear in court.

Why Reform?

There is no longer a level field where bail is assigned based on the crime tied to the cost to society that reflects.

Instead, defendants have a risk factor assigned via an algorithm. Not surprisingly, this system is being referred to racism 2.0 as it disproportionately targets the disenfranchised racial groups the reform is meant to address!

Basically, the wealthy can pay cash bail or bond and go back to work while the poor wait for a pre-trial and lose jobs and means of support. Reform does nothing to change this, leaving the haves and have nots across an even greater divide.

Reformers point to a study showing that 40{2ee6b8d0b3a3c2cd27f975da52273189ab4b287f0123d142791a9ace77c63184} of offenders with trouble making bail commit another crime to pay for bonds. Numbers from the pilot program out of Reno from 2016 – 2017 show a 100{2ee6b8d0b3a3c2cd27f975da52273189ab4b287f0123d142791a9ace77c63184} increase in rearrests after defenders are released through reform program. 

Even by their own numbers, the reform process is creating 60{2ee6b8d0b3a3c2cd27f975da52273189ab4b287f0123d142791a9ace77c63184} more of a problem than leaving the situation as is.

Who is Affected?

The effects of bail reform can be felt by more than those in the criminal justice field. How bail is handled reflects how the wheels of justice turn. 

Restrictive bail conditions lead to more pretrial time and lost livelihoods. No bail conditions and open recognizance leave no accountability and weaken the courts.

Bail bond providers are often maligned in these discussions as fighting to restrict change. The reality is, bail bonds agencies exist to help these people.

Don’t Hesitate

Regardless of the changes that AB325 may eventually have and other bail reform in Nevada, bail bonds are a necessary component of the justice system.

Just like fire insurance, you don’t want to have to turn to it, but you will be glad for it the day you need it.

Contact us when you need help for yourself or a loved one.

Sin City: Do You Get Bail Money Back If Charges Are Dropped?

Sin City: Do You Get Bail Money Back If Charges Are Dropped?

On average, about half a million individuals are sitting in jail awaiting trial. These individuals were either denied bail.

Before paying bail, it’s important to ask: do you get bail money back if charges are dropped?

Keep reading to get the answer.

I’m Innocent: Do You Get Bail Money Back If Charges Are Dropped?

Your first priority after getting arrested will be getting yourself out of jail. A judge will preside over your first hearing. He will announce the cash amount you’ll need to produce to get released.

Now what? Your options are:

  • Remain in jail until your hearing
  • Pay the full cash bail amount
  • Hire a bail bondsman and pay a percentage of the bail

Before making this decision, you’ll likely ask yourself: do you get bail money back if innocent?

I Hired a Bail Bondsmen. What Now?

In Las Vegas, bail bondsmen can act as a middleman between you and the jail. Instead of paying the full cash amount of bail, bondsmen can offer a surety bond.

This means that you can pay only a percentage of your bail and still get released. When this happens, do you get bail money back?

Keep in mind that a full bail bond refund won’t be possible, even if you’re later found to be innocent. The bondsman keeps his fee.

In general, bondsman fees are according to Nevada State Law of 15{2ee6b8d0b3a3c2cd27f975da52273189ab4b287f0123d142791a9ace77c63184} of the full bail amount. This is for:

In exchange for these fees, bondsmen become liable for the full bail, and you only have to pay a percentage.

Who Will Release My Bail Money?

Once you’re exonerated when it is a Cash Bail, it can be a big relief, but getting bond money back is a long process.

After your court proceedings, it’s likely you won’t get instructions on how to get your bond money back. You’ll only be eligible when you’re acquitted or your charges got dropped.

If you’re eligible, then the City Finance Department issues an automatic bail refund.

First, you’ll have to wait until this office gets the proper documentation from the court. Then, the refund process will begin. You’ll receive a check in the mail within 4 to 6 weeks.

Keep a record of the date your case ended. If you haven’t gotten your refund within six weeks, then contact your courtroom. They should be able to give you more information.

Getting Your Bail Money Back

When you’re accused of a crime, you have a right to post bail and get released from jail. Do you get bail money back if charges are dropped? In short, yes, but if you paid it to the Court it could take weeks to recover the funds.

This bail or jail system isn’t ideal, but bondsmen can help you when you’re stuck in this situation.

If you or a loved one needs help with bail, then don’t hesitate to reach out to Aguayo Bail Bondsman agents today.

Where does the refund for a bond come from?

When it comes to where does the cash bond refund come from. When putting up a cash bond for a defendant, it is in the best interest for the defendant to abide to the all the hearings/trial. Monies will be paid back through the courts. Hold on to any receipt you have received from the Clerk’s Office.

When the defendant is not guilty then monies will be returned. If the defendant is found guilty and has shown up to all the hearings/trial, monies will be returned at sentencing.