James C. Gallo has argued for reductions in bail at numerous hearings before all of the courts in Las Vegas, Nevada. By obtaining orders for “release without bail” or orders for drastic reductions of bail or bond, Mr. Gallo has saved his clients and their families tens of thousands of dollars. If you believe the bail / bond for your loved one is too high, then contact the Gallo Law Office to discuss the benefits of filing an emergency motion to reduce the amount of the bail or bond. Mr. Gallo represents clients in bail / bond reduction hearings throughout all of Las Vegas and Clark County, Nevada.
Mr. Gallo represents clients throughout Clark County on misdemeanor and felony crimes in state court. In many of these cases, the client benefits from having an attorney at the earliest stages of the case or before a warrant is even issued. He can represent clients at bail or bond hearings that take place immediately after the arrest. The attorney can represent the client at first appearance and argue for a bail or bond amount that is substantially lower than the amount set in the standard bail schedule for the Las Vegas Township Justice Court.
At the Gallo Law Office, we know that hiring an experienced criminal defense attorney during the earliest stages of the case often helps us save our clients from the time, money and the frustration that normally accompanies the arrest. In many cases, an experienced attorney can help you obtain a substantially lower bond or bail amount. The attorney can also negotiate or arrange the terms of your surrender on the warrant so that it occurs safely and so that you can be released from custody as quickly as possible.
Bail Hearings in Las Vegas, Nevada
When an individual is arrested in Las Vegas, Nevada, he is booked into custody by a law enforcement officer on specific charges. Standard bail then attaches to these charges. The accuracy or appropriateness of standard bail is first reviewed by the assigned Judge “in chambers” at a “48-hour hearing.”
A 48-hour hearing is an “in Chambers” review without the presence of the defendant, the prosecutor or the defendant's attorney. The Judge may raise, lower, or leave bail the same after the 48-hour hearing. In Las Vegas, Nevada, the defendant is legally afforded an opportunity to address the amount of bail at a “72-hour hearing.” Many factors must be argued and taken into consideration by the Court at a “72-hour hearing.” James C. Gallo has a great deal of experience in all courts and jurisdictions with Las Vegas bail hearings.
Standard Bail Schedule for the Las Vegas Township Justice Court
The Standard Bail Schedule for the Las Vegas Township Justice Court become effective on September 1, 2011. The schedule sets a standard default bail amount that applies at the time of arrest. The judge assigned to the case, however, has the discretion to adjust the applicable bail amount during any scheduled hearings.
Standard Bail Schedule for Misdemeanors
- Battery / Domestic Violence - $3,000
- Battery / Domestic Violence 2nd - $5,000
- DUI - $2,000
- DUI 2nd - $5,000
- All Other Misdemeanors* - $1,000
*Unless the allegation is an element of the crime the standard bail amount is doubled. Additional Penalty Categories for any additional penalty pursuant to any of the following:
- NRS 193.161 (School Property), 193.162 (Assistance of Child);
- NRS 193.163 (Handgun Containing Metal-Penetrating Bullets);
- NRS 193.165 (Use of Deadly Weapon);
- NRS 193.166 (Felony in Violation of Protection Order);
- NRS 193.167 (60 or Older/Vulnerable Person):
- NRS 193.1675 (Certain Characteristics) 193.168 (Gang):
- NRS 193.1685 (Terrorism); or
- NRS 453.3335, 453.3345, 453.3351,453.3353 (certain violations involving controlled substances under certain circumstances)
Standard Bail Schedule for Gross Misdemeanors:
- All Gross Other Misdemeanors - $2,000
- Violation of Protection Order - $15,000
- Felony Violations of Temporary or Extended Protection Order - $15,000
Standard Bail Schedule for Felonies:
- Attempted Murder - No Bail - Set in Court
- Driving Under the Influence (DUI) Resulting in Death or Substantial Bodily Harm - No Bail - Set in Court
- All Other Category A Felonies - No Bail - Set in Court
- Battery / Domestic Violence - Resulting in Substantial Bodily Harm (with no deadly weapon) - $15,000
- Battery / Domestic Violence Committed by Strangulation - $15,000
- Battery / Domestic Violence 3rd Offense - $15,000
- All Other Category B Felonies - $20,000
- All Other Category C Felonies - $10,000
- All Other Category D and E Felonies - $5,000
History of the Nevada's Constitutional Provision for Bail
Prior to 1980, Article 1, Section 7 of the Nevada Constitution provided an absolute right to bail except “for Capital Offenses when the proof is evident, or the presumption great.” Because of this provision, courts in Nevada had found that bail was not precluded for first-degree murder “[a]bsent a finding that the proof is evident or the presumption great that [an aggravating] circumstance is present” because first-degree murder is a capital offense “only if at least one of the aggravating circumstances listed in NRS 200.033 is found.” In re Knast, 96 Nev. 597, 598, 614 P.2d 2, 3 (1980).
The constitutional provision was amended during the 1980 general election. After the amendment, bail can be constitutionally denied “for Capital Offenses or murders punishable by life imprisonment without possibility of parole when the proof is evident or the presumption great.” Nev. Const. art. 1, § 7 (emphasis added); see also NRS 178.484(4) (“A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.”).
The constitutional limitation on the general right to bail now applies to first-degree murder in general because first-degree murder is always punishable by life imprisonment without the possibility of parole regardless of whether any statutory aggravating circumstances exist. NRS 200.030(4) (providing that person convicted of first-degree murder shall be punished (a) by death only if one or more aggravating circumstances are found and not outweighed by mitigating circumstances or (b) by imprisonment for life without the possibility of parole, life with the possibility of parole after 20 years, or a term of 20 to 50 years and that finding of aggravating circumstances “is not necessary to fix the penalty at imprisonment for life with or without the possibility of parole”). See Robbins v. Fifth Judicial Dist. Court of State ex rel. Cnty. of Nye, No. 60869, 2012 WL 2196344, at *1 (Nev. June 14, 2012).
Additional Resources
Find a Las Vegas Attorney for Warrants - Visit our information center on warrants to find out more about a felony warrant, misdemeanor warrant, violation of probation warrant, bench warrant or failure to appear warrant issued throughout Las Vegas, North Las Vegas or Henderson, NV.
How Bail Works from the ABA - Visit the website of the American Bar Association to learn more about bail in an article that explains how the court works and steps in a trial. Learn more about how the judge will weigh factors such as the risk of the defendant fleeing, the type of crime charged, the “dangerousness” of the defendant, and the safety of the community. Read the article to learn about release own your own recognizance (ROR) or the signature bond (without a payment of money). Also find information on a bail bonds person who puts up the bail money in exchange for a 10 percent non-refundable payment.
Finding a Bail / Bond Attorney in Las Vegas
Criminal defense attorney, James C. Gallo, has successfully argued for release without bail and drastic bail reductions in numerous cases that have resulted in financial savings of ten of thousands of dollars for their client, and their clients' families. Be sure to talk with an attorney about your case as soon as possible. The decisions that you make at the beginning of the case often play a huge role in how the case is ultimately resolved.
Call today at (702) 385-3131 for a free consultation to discuss your case in Las Vegas, North Las Vegas, Henderson or any surrounding area in Clark County, NV.