Like many industries, the bail bonds industry is regulated by each individual state. However, in many states bail bonds and the treatment of a bail bondsman is very similar. Usually, the department of insurance in each respective state is the entity that that oversees the bail bonds industry. The Nevada Department of Business and Industry, Division of Insurance has jurisdiction over Las Vegas bail bonds and bail bondsmen.
Bail bonds, for the most part, are used in the court system for the same reason throughout America. When someone is arrested they may be "bailed out" if that is an option offered to them by the court. Bail is supposed to keep an innocent person from being locked up unnecessarily and provide the accused with ample opportunity to prepare their defense.
Las Vegas bail bonds work the same way as bail bonds in other areas. Bail is set by a judge at a bail hearing. The bail amount is based on the severity of the crime and defendant's flight risk. The bail is held through the criminal proceeding and is returned upon conclusion of the trial regardless of a guilty or innocent verdict. Bail is merely an incentive for the defendant to appear in court as ordered and provides a financial reason to not flee prior to the end of the criminal case.
Bail bondsmen are available to post a bail bond for defendants that don't want to commit the entire bail amount or can not afford to tie up the full bail amount. Bail bondsmen collect a small percentage of the bail amount as a fee to post what is called a bail bond. A bail bond posted by a bail bondsman is different from bail posted directly by a defendant or their family. The bond offered by bail bondsmen works as collateral that the defendant will appear in court as scheduled. Although, if the defendant misses their court appearances, the entire bail is owed to the court by a bail bondsman.
A Las Vegas bail bondsman must a charge a fixed percentage of the bail amount. This amount is set at 15% of the bail amount or $50, whichever is more. The state mandates the amount a Nevada bail bondsman can charge. Most Las Vegas area detention facilities also charge bonding, booking or filing fees that are approximately $40. A bail bondsman in Las Vegas will not refund their bail bonds fee. This is how they generate income and operate as a business.
