Bail After An Arrest
NRS 178.484 and NRS 178.4851 — bail for every offense but one, and only the least restrictive conditions
A person arrested for any offense other than murder of the first degree must be admitted to bail, except as the section provides. A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great.
The least restrictive means. A court may impose bail or a condition of release only as the least restrictive means necessary to protect the safety of the community or to make sure the person appears when ordered. Where the prosecutor asks for bail, the prosecutor has to prove by clear and convincing evidence that it is necessary.
- Staying in the state or in a certain county
- No contact, direct or through someone else, with a specific person
- Staying out of a certain area
- No firearm while the case is pending
- No specific conduct that may be harmful to the person or someone else
When the court imposes bail or any condition beyond release on recognizance with no conditions, it makes findings of fact and states its reasoning on the record.
A person arrested for a felony while on probation or parole for a different offense is not admitted to bail unless a court orders it, or the parole board or the Division of Parole and Probation directs it. A person arrested for driving or boating under the influence of alcohol is not admitted to bail or released on their own recognizance unless their breath shows a concentration of less than 0.04, and that test cannot be used as evidence against them.
Sources for this section (2)
- NRS 178.484 — Right to bail before conviction
- NRS 178.4851 — Imposition of bail or conditions of release
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nevada attorney.