Arrest without Warrant in Extradition Cases in Nevada

Extradition rules within the state of Nevada allow for the governor to issue a warrant for arrest in response to a demand from the state where a fugitive from justice is wanted on felony charges. Once a warrant has been issued, a peace officer can take the alleged fugitive into custody and deliver him to authorized representatives of the state where he is facing criminal charges.

In some circumstances, however, it is also possible for an alleged fugitive to be taken into custody even without this warrant first being issued.  When a person is arrested without a warrant, it is absolutely vital that the individual know his or her legal rights. In fact, in any situation where someone is arrested in order to be extradited, there are legal protections in place and the alleged fugitive must be able to take advantage of the safeguards provided by law to protect his rights.

LV Criminal Defense can provide invaluable assistance in all extradition cases. Our Nevada criminal defense attorneys know the ins-and-outs of extradition laws and will help you fight to avoid being extradited to stand charges. We also provide legal representation during all other criminal proceedings.

To find out more about how our legal team can assist you in fighting for your freedom, give us a call today.

Arrests without a Warrant in Extradition Cases

Nevada Revised Statutes section 179.205 sets forth the rules on when a person can be arrested, even without a warrant, on the basis of the fact that individual may be wanted in another state to face criminal charges.

According to N.R.S. 179.205, a peace officer may make a lawful arrest of any person in circumstances where the officer has reasonable information that the person is accused of a crime in any state that is punishable by death or by imprisonment exceeding one year.  This means that if a law enforcement officer has a reasonable belief that there are serious charges pending against you, you could be arrested by that officer at any time. The statute also allows a private person to make an arrest under these circumstances.

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However, there is a caveat. If you are arrested and the person who arrested you did not have a warrant for the arrest, the law requires that you be taken before a judge or taken before a magistrate in a timely manner as soon as practical. When you are taken before a judge or magistrate, a complaint must be made under oath and set forth grounds for arrest under N.R.S. 179.203.

N.R.S. 179.203 establishes that you must be bought before a judge, magistrate, or court to answer a charge, complaint, or affidavit that is based on committing a crime within another state and having fled from justice, or that is based on having been convicted of a crime in a different state and having broken the terms of parole, probation, or bail.

After the complaint is made under oath as required, your case will be treated just as if you had been arrested on a warrant. You will have the right to an attorney and the right to petition for a writ of habeas corpus and you will be provided with the opportunity to answer charges.  You must be prepared to assert your rights and to make strategic decisions in response to serious charges that you face.

Contact a Las Vegas Defense Lawyer

Any arrest is frightening, especially if the arrest could result in potential extradition to another state where you face criminal charges. Nick Wooldridge – a Las Vegas crimial lawyer – can provide you with aggressive advocacy in fighting extradition or in responding after any arrest to ensure that your rights are respected. Our legal team can also provide representation for any defendant who is facing serious felony charges in Nevada.

To find out more about how we can help you, give LV Criminal Defense a call today.

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