Nevada Bail Bond Laws
- Bail bonds help keep defendants out of jail.prison image by Albert Lozano from Fotolia.com
When defendants in criminal cases are incarcerated awaiting trial, judges often agree to allow them to be released in exchange for a large cash deposit, called bail. Often, defendants are unable to put up enough money to meet the bail amount and will contract a bail bondsman to put it up for them in exchange for a fee. In Nevada, this process is regulated by a number of laws. - Nevada has some of the most stringent qualifications in the United States to become a bail agent. All bail agents are required to hold a state license before issuing any bail bonds. In order to qualify for a bail license, an individual must be at least 18 years old, a resident of the state for at least a year and not a current employee of law enforcement. They must all pass an exam covering the basics of the bail bond process and the laws regarding apprehension of absconded defendants.
- There are a number of acts that bail agents are forbidden from engaging in while employed in their professions. These include advising clients on the use of a particular attorney; seeking business in any place in which defendants are currently incarcerated; paying a bribe to someone to have a bail amount lowered; providing an attorney any kind of payment other than for services rendered; and acting as an attorney or legal representative, except when surrendering an apprehended defendant to custody, at which time they can make a legal motion to set aside an order of bail forfeitures.
- If a person absconds while out on bail, the bail agent has a right to attempt to apprehend the person and bring him to trial. He may do this himself or he may hire a bail enforcement agent--better known as a bounty hunter--to make the apprehension for him.
Bail enforcement agents in Nevada have a similarly strict licensing process. Bail enforcement agents must also be licensed. They must be at least 21 years old, drug free, felony free and capable of passing an examination and a psychological test. - When a bail agent or a bail enforcement agent apprehends an absconded defendant, there are a number of procedures they must follow. Upon apprehension, the agents must immediately notify law enforcement officials in the jurisdiction in which the defendant was apprehended. Before forcibly entering an inhabited dwelling, all Nevada state agents must also notify local law enforcement officials. If the defendant is returned to serve trial in a timely fashion, the bail will not be forfeited, and the bail agent will have his money returned to him.
