Bail of any sort often comes with conditions. Some conditions accompany practically all bail decisions, but you may have some conditions unique to you and your case. Sometimes, these bail conditions can create problems. In some other instances, the conditions represent the only way the court will let you out on bail. Here is a look at what it means when you receive bail with conditions.
What Are Bail Conditions?
A condition of bail is a rule you must stick to and honor during your release. These conditions will remain in effect the whole time you’re out of custody, and they start the moment you sign the paperwork listing them.can
You won’t find any free and clear bail situations where you or your bondsman posts bail and you’re free to do as you please. Bail conditions will come into effect no matter what type of release you secure.
For example, a release on your own recognizance and a release secured by posting the bail amount will still require you to adhere to at least the basic bail conditions that everyone must deal with. These conditions exist to help ensure you return for your future court dates and stay out of any trouble in the interim.
The bail conditions also work as a buffer between you and your community. The goal is to restrict your activities in such a way that you can do what you need to get your affairs in order and prepare for your next court date while also keeping you from becoming a nuisance, worry, or threat to the people around you.
Because everyone is different and circumstances can vary widely between individuals, the court has a tremendous amount of latitude when it comes to selecting bail conditions. If the court deems a condition both necessary and reasonable, they can impose it. However, in most cases, the bail and conditions will follow the current bail schedule for the county.
Common Bail Conditions
The bail conditions outlined specifically in Nevada law allows the court to order the following:
- You remain in the state or a specific county within the state.
- You refrain from contacting, attempting to contact, or asking someone else to contact a specific person.
- You stay away from certain designated areas.
- You refrain from engaging in some specific activity that can cause you or someone else harm in some way.
You may receive some form of all these conditions or just one or two; it depends on your specific circumstances. In addition, you will have to adhere to implied rules as well. For example, an arrest for any reason will likely violate your conditions. These represent some of the more common-sense rules like obeying all laws and staying away illegal activities of any sort.
Reasonable Bail Conditions
The Nevada courts have the full authority to set bail conditions that uniquely apply to you. The only rule they have when it comes to setting these conditions is that they’re reasonable. These conditions can require you to do things like:
- Seek employment, and show proof of your job-seeking activities.
- Abide by a curfew set by the court.
- Attend drug, alcohol, or other type of counseling.
- Always stay a certain distance away from a particular person or place.
In figuring out these conditions, the court may use the same criteria they use when considering whether to release someone on their own recognizance. Those factors include things like your employment history, your standing in the community, your reputation, and your prior criminal history.
What Are Unreasonable Bail Conditions?
Reasonability can mean a lot of different things when it comes to the law, which can create potential problems. The court may give you a condition that seems reasonable in the hypothetical but actually isn’t all that reasonable given your situation or condition.
If a condition violates the law or violates your constitutional rights, then it’s an unreasonable and invalid condition. More likely, a condition can create a hardship for you or make it difficult for you to do what you need to do while out on bail.
For example, if you’re forbidden from going to a location, but you need to go to that place to carry out your job duties, you can petition the court to reconsider the condition. In some cases, you may have to show a preponderance of evidence to prove a bail condition is an unreasonable one.
No matter what, don’t violate any of your bail conditions. There are no levels to your conditions: violating one can lead to rearrest, a contempt charge, an increased bail amount, or any of several other penalties. Work with the court or with your lawyer to petition for a reconsideration of a bail condition.
If you need help posting bail, contact All Star Bail Bonds first. We make the process easy.