Lander County Jail Inmate Bail & Bonds

Search for an Inmate or Active Arrest Warrant in Lander County

Nevada • Lander County • Bail & bond help

Lander County bail and bond: Battle Mountain, Austin, and the road to release

Arrests in Lander County are handled by the Lander County Sheriff's Office, 2 State Route 305, Battle Mountain, and its detentions staff keep the Lander County Jail. Start with Lander County Inmate Search to see whether a name is in custody and whether a bond amount is set. Questions the search cannot answer go to Detentions at 775-635-1489. The Sheriff's website has its own Bail & Bonds and Inmate Funds pages under Detentions, and they are worth reading before you pay anyone.

How do I check whether someone is in custody in Battle Mountain?

Use Lander County Inmate Search and search the legal name. If the name does not show yet, give the booking time a little while. For a person you know was arrested in the county, phone Detentions at 775-635-1489 and ask for the booking status.

Have the date of birth and the arresting agency ready; the desk will ask for both.

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What are the Sheriff's Office numbers for each need?

Detentions is 775-635-1489. Administration is 775-635-1100. Dispatch is 775-635-5161. In an emergency, dial 911. Sheriff Ron Unger's office is at 2 State Route 305 in Battle Mountain, with mail going to PO Box 1625.

The Austin and Kingston area has its own substation at 124 Main Street, 775-964-2661.

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Where do the bail and inmate-funds instructions live?

The Sheriff's website at landerso.gov carries a Bail & Bonds page, an Inmate Funds page, a Contacting Inmates page and an Inmate Visitation page. Read the bail page for the current payment steps, then confirm with Detentions.

Treat the Inmate Funds page as a separate matter. That is money for an inmate's account, and it does not buy release.

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What does Nevada say about how long someone can wait for a judge?

The state wants a pretrial release hearing within 48 hours of custody (NRS 178.4849), with room for a continuance when there is good cause. Under NRS 171.178, an officer must bring an arrested person to a magistrate without unnecessary delay, and after 72 hours, not counting nonjudicial days, the magistrate may free someone who was held too long.

In Lander County the magistrates are the justice court judges at Argenta and Austin.

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Which justice court is mine, Argenta or Austin?

Argenta Justice Court sits at 50 State Route 305, Battle Mountain, 775-635-5151. Austin Justice Court is at 122 Main Street, Austin, 775-964-2380. Ask Detentions which court holds the case. The clerk at that court can state the next hearing date, the bail the judge set, and how the court wants payment delivered.

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What goes to the district court instead?

Felonies and gross misdemeanors begin in justice court and then move to the 11th Judicial District Court, which also serves Mineral and Pershing counties. The Lander courthouse is at 50 State Route 305, second floor, and the district court line is 775-635-1332 or 775-635-1334. The County Clerk, 775-635-5738, no longer runs district court matters.

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What can a bail agent charge in Nevada?

NRS 697.300 sets a ceiling of 15 percent of the bail amount or $50, whichever is larger, as a one-time premium. Annual renewal premiums and interest on financed premiums are not allowed. Out-of-pocket costs must be necessary and backed by receipts.

Ask for a written receipt and a written list of collateral. The Division of Insurance runs a license search, and every agent must also register each year by July 1 with the sheriff and the district court clerk.

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How do I pay the full bail myself?

Paying the whole amount means the court holds your money until the case is over. NRS 178.502 allows cash, a bond with sureties, or United States bonds. Confirm the payee with the court clerk, because the check or money order usually must name the court that set the bail. Detentions at 775-635-1489 can tell you where to bring it.

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Can property be used as collateral?

With an agent, yes. Nevada law makes the collateral reasonable in comparison to the bond, requires a receipt for everything handed over, and bars the agent from taking it out of the state. A deed counts only if it says it is part of a security transaction, and the agent must reconvey it after the bond ends (NRS 697.320).

If you are asking a judge to take property directly, ask the court clerk about it first.

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Which arrests carry no bail, or a waiting period?

A judge may refuse bail on a first-degree murder charge once the proof is evident or the presumption great. A new felony arrest on someone under probation or parole needs a court order or approval of the supervising agency. Under NRS 178.484, drunk driving with a breath reading of 0.04 or higher bars bail, impairment by drugs carries a 12-hour wait, and domestic battery or certain protective-order violations carry a 12-hour wait as well.

Every other arrest must be admitted to bail.

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What bail applies if a domestic battery case has no amount yet?

When 12 hours have passed and no judge has set a figure, the statute supplies one: $3,000, $5,000 or $15,000. Which one depends on prior convictions and on whether the battery caused substantial bodily harm or involved strangulation. A judge may replace that number at the hearing.

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Could the judge release my relative without bail?

Yes. NRS 178.4853 tells a judge to weigh length of residence, work history, family and friends, criminal record and appearance history, the charge, and any danger to a victim or the community. A strong local tie can be the difference. Bail and conditions must be the least restrictive means, and the prosecutor must prove by clear and convincing evidence that bail is needed (NRS 178.4851).

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Who defends a person who cannot pay a lawyer?

Lander County contracts with private counsel. Kyle B. Swanson, 142 S. Reese Street, Suite A, Battle Mountain, answers at 775-635-5030. The judge decides at the first appearance whether the person qualifies, so tell the court about income and household size.

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Where is a juvenile taken after an arrest?

Call the Argenta Justice Court clerk at 775-635-5151, or the Sheriff's Office at 775-635-1100, and give the young person's full name. They can tell a parent which agency is handling the case and when the hearing is. Do not wait for a callback before arranging a lawyer.

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What happens if the person skips a court date?

The court orders an arrest warrant. Forfeiture of the bail takes effect 180 days after the notice to the surety or depositor (NRS 178.508), and a surety can ask a licensed bail agent to bring the defendant in (NRS 178.526). Act the same day: call the court clerk, then the bail agent.

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When is bail money returned?

At the end of the case, or when the bond condition is met, the court exonerates the bail (NRS 178.522). Cash left at judgment may first cover fines, fees and restitution. Premiums paid to an agent are earned fees. Keep every receipt together with the case number.

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Lander County contacts

County jail
Lander County Jail, Lander County Sheriff's Office, 2 State Route 305, Battle Mountain, NV 89820; Detentions 775-635-1489
Bond guide
Jail bail and bond guide; Sheriff's Bail & Bonds page
Custody lookup
Lander County Inmate Search
Sheriff's Office
Administration 775-635-1100; dispatch 775-635-5161; Austin substation, 124 Main Street, 775-964-2661
Argenta Justice Court
50 State Route 305, Battle Mountain; 775-635-5151
Austin Justice Court
122 Main Street, Austin; 775-964-2380
District court
50 State Route 305, second floor; 775-635-1332; County Clerk 775-635-5738
Public defender
Kyle B. Swanson, 142 S. Reese Street, Suite A, Battle Mountain; 775-635-5030

Windows, payee names and phone lines can shift without notice at a small rural office. Ring Detentions before you send money. This guide explains Nevada practice in plain words and is not a substitute for counsel.

Lander County Jail

Address:
2 State Route 305
Battle Mountain, NV 89820

Phone:

775-635-1118

Frequently Asked Questions

Frequently Asked Questions about Bail and Bonds in Lander County


Does Lander County have bail?

What kind of bonds are accepted in Lander County?

Who can set bail in Lander County?

When is bail set in Lander County Nevada?


 

 

Does Lander County have bail?

Yes,  Lander County recognizes most types of bonds.


 

 

What kind of bonds are accepted in Lander County?

There are several types of bail available including own recognizance, cash bail, surety bond and property bond.


 

 

Who can set bail in Lander County?

For many minor and non-violent charges bail is already set according to a bail standard. For more serious cases, of if prosecution feels a defendant is a flight risk, bail is set by a judge in the criminal court.


 

 

When is bail set in Lander County Nevada?

For minor offenses bail is listed in a bail schedule and this information will be known during the booking process. For more serious cases a hearing, known as the initial hearing, will be scheduled as soon as possible. In most cases this will be immediately following booking, but it is required to occur within 72 hours.

What is Bail?

Bail is what the arrested in Lander County must pay or do to stay out of jail until the first court appearance. 

The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program. 

Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane. 

If a judge in Nevada feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.  

Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court. 

If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Lander County Jail until the case is resolved or goes to trial. 

Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses. 

What is the difference between Bail and Bond?

Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.  

The bond payment is always written to the court in your municipality, Lander County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.  

The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.  

DO NOT panic and take the time to understand all the options.  

More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.  

Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation. 

Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.  

On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.  

What are the different types of bonds in Lander County?

Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.

To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid.  

Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid.

Here are different options that the seller of the car or the court might consider:

You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.

You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front. 

If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you. 

Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.

Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.

You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over. 

The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.

You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value. 

A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).  

Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.  

There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond. 

You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The ban charges fees, interest and could keep your property if you did not pay the loan back, or even on time.  

A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met. 

With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved. 

Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.

Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.

(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information.  A bondsperson will not call asking for money without involvement of the arrested.)

Does Lander County have bail?  

Yes,  Lander County recognizes most types of bonds.

What kind of bonds are accepted in Lander County? 

There are several types of bail available including own recognizance, cash bail, surety bond and property bond.

Who can set bail in Lander County?  

For many minor and non-violent charges bail is already set according to a bail standard. For more serious cases, of if prosecution feels a defendant is a flight risk, bail is set by a judge in the criminal court.

When is bail set in Nevada?

For minor offenses bail is listed in a bail schedule and this information will be known during the booking process. For more serious cases a hearing, known as the initial hearing, will be scheduled as soon as possible. In most cases this will be immediately following booking, but it is required to occur within 72 hours.

Can I get the bail or bond reduced in Lander County Nevada? 

Yes, your attorney may request a bail reduction hearing.

In Lander County Nevada, who can pay bail for me? 

The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back. 

A surety is not responsible for court fees or paying off personal debts for the defendant.  A professional bondsperson who is approved by the State of Nevada could be the surety and execute a bond to the court on your behalf.

Can bail be paid online in Lander County Nevada?  

Yes, Nevada does offer online bail payment. Please contact the jail for specific information on how to pay bail: Go to the Lander County Jail for more information about the jails in Lander County.

What options are there to pay bail in Lander County Nevada? 

Most all jail and courts accept cash, a cashier or bankers’ check. Some accept a credit card with fees. Please contact the jail for specific information on what methods of payment are accepted. Go to the Lander County Jail for more information about posting bail in Lander County.  

Will I get all my bond money back in Nevada? 

Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount. If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.

Can I get bail or a bond with no money down in Lander County? 

The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.

A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front. 

If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you. 

Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.  A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.

What are the least expensive and affordable bail bonds in Nevada?  

The Lander County Jail or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.  

The percentage of bail that the bond company can charge is set, usually at 10%, by the state and cannot be negotiated.

Search for an Inmate or Active Arrest Warrant in Lander County