Everything to Know About Bail After a Domestic Violence Arrest in Las Vegas

After a domestic violence arrest in Las Vegas, the accused aggressor is taken by law enforcement for booking. This process involves providing fingerprints, photos, and personal information before being detained in jail. However, some people arrested for domestic violence (DV) may be eligible for bail after being held for at least 12 hours.

How do you qualify for bail, and what needs to happen? Our Las Vegas domestic violence lawyers explain everything you need to know about bail in Las Vegas after a domestic violence arrest.

What Is Bail and Who Qualifies?

Bail is the amount of money a defendant must pay to the court in order to be released from custody until their arrest and/or hearing. The purpose of bail is to ensure the defendant does not flee and appears in court for their trial. If they fail to do this, they forfeit the sum of money paid.

Most individuals who are charged with domestic violence in Las Vegas are eligible for bail. However, the bail amount may be higher, or bail could be denied altogether based on these factors:

The severity of the offense
The defendant’s criminal record
Possible risk to the victim or community
Flight risk or likelihood that the defendant will not appear for their trial

Unfortunately, prosecutors will try to argue that you pose a safety threat or flight risk. Working with an experienced Las Vegas domestic violence attorney can help you prove to the judge that you will appear for your court date and are not a risk to others during your bail hearing.

How Soon Can You Post Bail After Being Arrested for Domestic Violence in Las Vegas?

Under Nevada domestic violence law, there is a mandatory 12-hour hold or “cool down period” before a defendant can be released on bail after a domestic violence arrest. This means you must be incarcerated for at least 12 hours in Las Vegas before you are eligible for bail. If you do not post bail, you must remain in custody until you can see a judge.

How Much Is Bail After a Las Vegas Domestic Violence Arrest?

Bail amounts will depend on whether it is your first battery domestic violence charge or if you have prior DV charges. According to the Las Vegas Justice Court, the following bail schedule applies to domestic violence charges:

First Offense: $3,000
Second Offense: $5,000
Third or Subsequent Offense: $15,000
Domestic Violence Involving a Pregnant Victim: $15,000

Additionally, bail is higher for domestic violence charges that involve deadly weapons, bodily harm, or strangulation. The bail amount for these charges in the Las Vegas Justice Court is:

Domestic Violence with a Deadly Weapon (No Substantial Bodily Harm): $10,000
Domestic Violence Causing Bodily Harm with No Deadly Weapon: $15,000
Domestic Violence with Strangulation: $15,000
Domestic Violence with a Deadly Weapon (With Substantial Bodily Harm): $20,000

If the court does grant bail and you cover the amount, you must also adhere to the conditions of your bail. This may include:

An order of protection that prohibits contact with one or more people
Avoiding the consumption of alcohol or illegal drugs
Travel restrictions or curfews
Not possessing weapons

How Do You Post Bail in Las Vegas?

For the Las Vegas Justice Court, you can pay bail in person at Pretrial Services located at:

Clark County Detention Center

330 S. Casino Center

Las Vegas, NV 89101

First Floor

Hours: 24 hours a day, seven days a week

Note that personal checks or American Express cards are not acceptable payment methods. However, you can pay with:

Cash (exact amount)
Visa, MasterCard, or Discover
Cashier’s checks
Money orders

If you plan to pay with a cashier’s check or money order, make it payable to the Las Vegas Justice Court and include the inmate’s full name and identification number. Additionally, you will likely have to pay a $40 to $50 filing fee.

What Happens If You Cannot Afford Bail?

If you do not have sufficient funds to pay bail and cannot get your bail reduced or eliminated, you can consider working with a bail bondsman or a bail bond agency. These agencies will cover the bail amount for a fee. However, you should typically always contact a Las Vegas domestic violence lawyer before speaking to a bail bondsman, to consider all your options.

Under NRS 697.300, bail agents can charge a rate of 15% of the total bail amount or $50, whichever is greater. With domestic violence charges, 15% is the higher amount of the two, and you can expect this fee if you decide to use a bail bondsman.

Can You Get a Bail Reduction?

Defendants who request a bail hearing after a domestic violence arrest can ask the judge to reduce bail. In some cases, a judge may even agree to release the defendant without bail, which is referred to as an “own recognizance” (OR) release. This happens when the judge trusts that you will appear in court as scheduled. However, OR releases are not as common with domestic violence charges as with non-violent charges.

A skilled domestic violence lawyer knows the court system and relevant laws that can affect your case. They can represent you at your bail hearing and ask for a lower bail amount that helps you get out of jail as quickly as possible.

Schedule a Confidential Consultation with a Las Vegas Domestic Violence Lawyer Today

Whether you are facing a misdemeanor or felony domestic violence charge, knowing what to do after your DV arrest can help ease uncertainty and put you in a better position to defend yourself. Posting bail means you do not have to remain in custody and are able to be with loved ones while you await trial.

You will also have time to connect with a trusted domestic violence lawyer to learn more about your legal options and how to protect your rights. At Domestic Violence Lawyers of Las Vegas, we offer FREE and confidential consultations to discuss the specifics of your case, possible domestic violence penalties you could be facing, and what legal services we offer. Contact our Las Vegas domestic violence lawyers to speak with our team and/or to schedule a FREE no-obligation case review.