logo

Bail Consumer Information

Bail is a specific amount of money, set by a criminal court, which can be deposited with the court clerk in order to release the defendant from custody while court proceedings are pending. If the defendant cannot pay the bail amount, a bail bond can be purchased for 15% of the amount of the bail from a licensed bail agent. The bail agent may require collateral to secure the bond amount. Additionally, a bail agent is also allowed to charge for certain actual expenses he or she incurs during the bail transaction.

Nevada law allows a bail agent to accept collateral to secure the bond amount.  The bond amount is what the bail agent will pay the court if the defendant does not appear in court as required or if the defendant violates any terms of bail that the court sets. If this occurs, the bail agent can use the collateral to recover the cost of the amount the bail agent paid to the court. 

Collateral can be money or property, and must be reasonable in relationship to the amount of the bond. At the time that a bond is purchased, the collateral should be arranged, so that both parties know exactly what the transaction includes. The bail agent must provide a written receipt for the collateral at the time that the bail agreement is signed.

Once the defendant has satisfied all of his/her court obligations, the court will exonerate the bond. Once the court provides the bail agent/agency with a copy of the order exonerating the bond, the bail agent must return the collateral to the person who pledged it.  If a person provides a copy of the order exonerating the bond, the bail agent must immediately return the collateral. 

If you have a problem with your bail agent, you can contact the surety company responsible for the bond, which is identified on the bond itself. You may also contact the Division of Insurance to get help resolving the problem.