If you have been arrested or charged with a crime, you may be held in custody pending the trial to determine if you are guilty of committing an offense. In most cases, however, those who are named as defendants in a criminal case and who are arrested and charged do not just remain behind bars until the time of their trial. It can take weeks, months, or even years for a case to go to trial, and defendants are generally allowed to be free until such time as their trial takes place unless there are circumstances that make this impractical, such as when a defendant is considered to be a flight risk.
A bail hearing may be set after an arrest to determine if a defendant must post bail in order to be released pending trial. If bail is set, a defendant will need to arrange to have bail posted before being allowed to be released. If there is no bail required, a defendant may simply be released on his own recognizance.
Whether a defendant must post bail or not, the defendant is expected to return to court for designated hearings into the case pending against him. If a defendant does not appear in court proceedings when required after that defendant has been released on bail or after that defendant has been released on his own recognizance, the defendant can be charged with a crime against public justice.
LV Criminal Defense can provide representation to any defendant who has been charged with a failure to appear after release on bail or after being released without bail. Our Nevada criminal defense firm has provided representation to many defendants in cases where they have been accused of crimes against public justice and we can put our legal experience with these types of cases to work for you.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
In Nevada Revised Statute section 199.335, the state of Nevada defines the crime of failure to appear after being released on bail or after being released without bail.
According to N.R.S. 199.335, if a person has been admitted to bail and that bail has been provided by a deposit or surety, or if a defendant has been released without bail, the defendant is expected to appear at the time and place that was required by the court order which allowed for the individuals’s release. If the defendant fails to appear at the required time and place, the defendant is guilty of a criminal offense called failure to appear.
A defendant who is guilty of failure to appear will be subject to punishment unless he surrenders himself no later than 30 days from the date when required to appear in court. The penalties for conviction vary depending upon the circumstances. If a defendant failed to appear after being released when facing felony charges, then the defendant will be convicted of a category D misdemeanor if he is found guilty of failing to appeal.
If a defendant failed to appear after being released on bail and is facing charges for one or more misdemeanors, the defendant would be found guilty of a gross misdemeanor if convicted as long as he did not leave the state with the goal of avoiding prosecution. If the defendant who was facing charges for gross misdemeanors alone left the state with the goal of avoiding prosecution, that individual can then be found guilty of a Category D felony.
If a defendant failed to appear after being released on bail when facing charges for a misdemeanor but no felonies or gross misdemeanors, the defendant would be found guilty of a misdemeanor charge if convicted. Again, if the defendant left the state, he would be charged with a Category D felony.
A Nevada criminal defense lawyer can provide representation to any defendant accused of failing to appear after admission to bail or release without bail. To find out more about how LV Criminal Defense can help you, give us a call today.