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Home/Committing a Felony While on Bail: Understanding the Nevada Enhanced Penalty Rules

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Committing a Felony While on Bail: Understanding the Nevada Enhanced Penalty Rules

A new felony accusation during release raises separate questions about the new charge, the original release, and any later sentencing provision. Arrest is not conviction.

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Separate a possible enhancement from a release decision

Nevada has a provision addressing a felony committed while on qualifying release. Its application requires review of the statutory conditions and the proven procedural facts; it should not be summarized as an automatic penalty triggered by every new arrest. Counsel needs the original release record, the date and nature of the alleged new conduct, and both charging documents. A bond agent cannot determine whether an enhancement ultimately applies or negotiate it through a premium payment.

Official reference · NRS193 § 173

Check the status of every pending matter

A new case may prompt review of the original custody arrangement, but the actual orders govern. Ask counsel to identify the release decision in each case, whether a hearing has occurred, and whether another hold prevents discharge. Paying security in the new matter does not necessarily authorize release from the earlier one. Keep separate calendars and bond records so a court date or financial obligation in one case is not overlooked because attention has shifted to another.

Official reference · NRS178 § 4855Official reference · NRS178 § 4851

Overview

A new felony allegation during release requires separate review of the accusation, the original release order and any sentencing issue. An arrest does not establish that an enhancement applies.

Read the actual release conditions

The written order controls the obligations in the original case. Have counsel assess the alleged new conduct and available review rather than treating every arrest as a proven breach.

Possible sentencing enhancement

Ask counsel whether the statutory enhancement applies to the proven circumstances. A possible later sentence is distinct from a current detention decision.

Consecutive and concurrent sentencing

Have counsel explain any applicable sentencing requirements. Do not assume that a new allegation doubles a sentence or determines how multiple sentences will run.

Effect on the original case

A new case may affect litigation decisions, but does not prove that negotiations must end or that habitual-offender treatment applies. Counsel should review both matters.

Evidence at trial

Whether evidence about another allegation is admissible is a legal question for counsel and the court. A second arrest does not itself establish guilt or determine credibility.

Reviewing both cases

Provide counsel with the original release order and both charging records. Ask about evidentiary issues, custody review and any enhancement separately; success on one issue does not automatically resolve the others.

FAQ: What happens to the original bond money?

Premium, court deposits and private collateral are different categories. Obtain the court’s orders and an itemized account before assuming revocation causes every payment or item of collateral to be lost.

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