Document Type
Case Summary
Publication Date
4-2020
Case Synopsis
The Court determined what process is constitutionally required when a district court sets bail in an amount that the defendant cannot afford, resulting in pretrial detention. The Court found that bail may only be imposed where it is necessary to reasonably ensure the defendant’s appearance at court proceedings or to reasonably protect the community. If a defendant remains in custody after arrest they are (1) entitled to an individualized hearing, where (2) the State must prove by clear and convincing evidence that bail, rather than less restrictive conditions, is necessary to ensure the defendant’s appearance at future court proceedings or to protect the safety of the community, and (3) the district court must also state its findings and reasons for the bail decision on the record.
Recommended Citation
Weil, Katrina, "Valdez-Jimenez v. Eighth Jud. Dist. Ct.,136 Nev. Adv. Op. 20 (April 9, 2020)" (2020). Nevada Supreme Court Summaries. 1299.
https://scholars.law.unlv.edu/nvscs/1299