What happens during a bail hearing in Las Vegas courts?
Bail hearings in Nevada are the time a court determines if a defendant could be released while waiting for their court date. A good attorney can often help persuade the court to lower the bail — or even lift bail entirely.
During a bail hearing, a defense attorney stands before the judge to petition the court to (a) release the defendant without requiring bail or (b) reduce the bail to an affordable amount. If the court agrees, the defendant may be released from jail until the outcome of the case.
A Las Vegas bail hearing is like a mini-trial. Both sides, defense and prosecution, make their arguments and present evidence and witnesses. The issue is not about guilt or innocence. The issue is whether the arrestee should be released pending court.
For a defendant to be released on bail, the defense attorney must convince the court of two things:
- The defendant is not a danger to the community, and
- The defendant is not a flight risk
At the conclusion of the hearing, the court may rule in one of four ways:
- Release the defendant without bail
- Lower the bail amount
- Keep the defendant in custody at current bail total, or
- Keep the defendant in custody at a higher bail
Defendants are not required to speak at a bail hearing and their lawyers do all the talking. It is also common for a defendant to have a Nevada bail agent present.
Bail is a Constitutional Right
The apprehended have a lot of rights that the Bail Bondsman and Bail Enforcement Agent need to follow. For example, bail is a right that the apprehended have in order to ensure that that person will appear in court. Habeas Corpus is the right to appear in court. The bail amount should never be over exceeding the amount standard for the crime. The punishment for the crime should not be cruel and unusual, and the proper procedures shall be taken for detention and witnesses.
Due process varies by location
Due process can vary on the local, state, and federal levels. Due process on all levels proves that the person had a fair and speedy trial by the end of the day. This also includes the fact that the accused has been placed on reasonable bail; the right to know the charges brought up against him/her, grand jury indictments in capital cases, and once again trial by jury. These, which are called procedural guidelines, are rights of the individuals here in Las Vegas.
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Guaranteed by the Constitution
To emphasis, the process of due process is elaborated in the Constitution. As a whole, it is important to remember that the outlines of due process are important to the accused and the people involved within the community. The specifics of due process are refined within specific localities, states, and federal courtrooms.
The rights prescribed in the aforementioned statements were started by the American Revolution. Because of the laws that were placed by the Congress throughout the American Revolution, lawyers need to attend trials and other court hearings.
Right to Confess
Once again, the accused person has the right to confess. At this point, the person does not have to appear in court. The confession may be voluntary, but not due to physical or psychological brutality. The rights of the accused are protected and insured by lawyers who defend and protect.
Make sure you work with a top-class bail bonds agency in Las Vegas
24/7 Bail Bonds offers expert and reliable assistance tailored to each customer. At 24/7 Bail Bonds we know an interruption can result in stress and difficulty. We are devoted to going the extra mile to help and guide you throughout the bail process.