The people who need it most, cannot afford it.
LAS VEGAS, NV, September 10, 2019 /Neptune100/ — Bail bonds have received quite a bit of attention nationally since lower income individuals cannot afford the bail needed to get out of jail. One can post cash bail for the entire amount of bail and it will be returned. Or if the client cannot come up with the entire amount, which often happens, they will need to hire a bail bondsman who will post the entire amount. The client then pays a percentage to the bail bondsman, but this amount is NOT returned once the case is finished. In most states the premium is 10% but in Nevada it is 15 %.
Bail determinations are governed by relevant statutes and case law. Nevada has several factors that courts must review in making a custodial decision pending trial. Factors include ties to the community, financial stability or instability, prior criminal record, likeliness to become a flight risk, employment history, home ownership, and number of dependents they support.
A Nevada firm, Yampolsky & Margolis, Attorneys at Law, had two cases in which they represented out of town defendants. The district attorney’s office swore out arrest warrants in each case despite the fact that the law firm made contact prior to their filing of the warrants. The firm argued that the arrest warrants were punitive and pointed out that they were retained for all stages for the proceedings. If the client was going to abscond, he or she would not have hired an attorney to fight the charges. Both clients had no prior criminal record. Both clients dutifully appeared at the time set for their Motion to Quash hearings.
The Clark County District Attorney’s office may initiate a criminal case in one of two ways: (1) by filing a criminal complaint (which is the method in the vast majority of cases) or (2) by doing a presentment before a Grand Jury and obtaining an indictment, or “true bill,” from the grand jurors. Once the case has been filed, the D.A. may notify the charged defendant in one of two ways.
The first way that the prosecutor may notify a defendant of a charge against him or her is by issuing the party a summons and thereby informing the defendant when he or she needs to make their first court appearance (commonly called an “arraignment”). Alternatively, the prosecution can ask a judge to swear out an arrest warrant after submitting an affidavit in support of the arrest warrant. In the second scenario, the client is not asked to appear, nor are they given the option to voluntarily show up in court. Instead, the police will arrest the defendant and he or she will be jailed until the time set for the initial appearance, at which time he or she will be brought into court in shackles.
District Attorneys often ask for unreasonable bail so that individuals are unable to be released from custody and cannot work and support their loved ones. In one of these cases the individual was 40 years old, a San Diego resident, ex-military, no criminal record, college educated, and was working for a large California-based HMO. The District Attorney requested a one-million-dollar bond and commented that the client could leave the US and escape prosecution. Our client brought his passport which we offered to surrender to the court. The judge, understanding this was absurd, released the individual on his own recognizance. No bail was required. Justice was served.
About Yampolsky & Margolis Attorneys at Law
Yampolsky & Margolis Attorneys at Law recognize how much is at stake when a client has been accused of a crime or is the victim of a devastating accident. The firm has a thorough understanding of civil and criminal defense law and the prosecution system in the State of Nevada. Yampolsky & Margolis has an extensive record of achieving successful outcomes for clients charged with DUI, Domestic Violence and all types of very serious felonies in both State and Federal court. They also handle criminal appeals. Mr. Yampolsky has successfully argued a death penalty case in front of the U.S. Supreme Court, Riggins vs Nevada. Yampolsky & Margolis has a combined 40 years of experience as certified criminal specialists, pre-trial negotiators, litigators, and courtroom defenders. They are zealous trial advocates. Learn more at www.criminallawyerslasvegas.com