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Arrest: By Whom and How Made

Las Vegas Criminal Lawyer describes Rules for Arrest in Nevada Under Chapter 171

Being arrested can forever change the course of your life.  An arrest is the first step in what can become a long criminal process that could ultimately end with your imprisonment. The choices you make after an arrest can shape what happens throughout your interactions with the criminal justice system and can make a major impact in whether you are left with a conviction and penalties or whether you walk free.  You need to understand the rules surrounding the arrest process and your rights, and you need to make sure you have a knowledgeable advocate on your side as soon as possible after you are taken into custody.

LV Criminal Defense understands Nevada rules related to the arrest process. We will make sure your arrest was justified and that proper protocols were followed. If your civil rights were violated at any time, we’ll help you take appropriate legal action. Our legal team will also work hard to help try to prevent your arrest from turning into a conviction. Give us a call as soon as possible after an arrest occurs so we can begin putting our considerable legal knowledge to work to help you.

What are the Rules for Arrest in Nevada

 The state of Nevada has many different rules and requirements for a lawful arrest.  For example:

  • There are rules dictating who can arrest you and when. N.R.S. 171.124 provides details on arrests by peace officers; N.R.S. 171.1245 deals with arrests by FBI agents and secret service members; N.R.S. 171.1255 deals with arrests by the Bureau of Indian Affairs; N.R.S. 171.1257 deals with arrests by postal inspectors; and N.R.S. 171.126 deals with arrests by private individuals.
  • There are rules dictating what happens if someone who is arrested escapes. R.S. 171.134 permits pursuit and retaking of anyone who has escaped from custody. The pursuit and re-arrest may occur any time and any place within the state of Nevada.
  • There are rules dictating when an arrest can be made, and when an arrest must be made. R.S. 171.136 allows an arrest any time for a felony or a misdemeanor, but limits the hours when arrests can be made for some misdemeanor charges. N.R.S. 171.137 sets forth certain circumstances under which an arrest must be made for suspected domestic violence crimes.
  • There are rules limiting when doors and windows can be broken open. R.S. 171.138, 171.142, and 171.144 provide details on breaking doors and windows during arrest; upon detention after an arrest; or when retaking a person who has escaped from custody.
  • There are rules on the use of deadly force in an attempt to arrest someone. R.S. 171.1455 limits the use of deadly force to situations in which someone is trying to escape arrest and poses a threat of serious bodily harm or has committed a felony involving the infliction of serious harm.
  • There are rules on when weapons can be taken from someone being arrested. R.S. 171.146 allows for the seizure of all dangerous and offensive weapons on or about the person who is being arrested.
  • There are rules setting forth duties of an arresting officer when someone who is arrested appears intoxicated or unable to control his physical functions. R.S. 171.147 requires the officer to examine the individual to make sure there are no medical alert bracelets or necklaces that could explain the individual’s behavior. If a medical condition is discovered, the arresting officer should take reasonable steps to provide aid.

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  • There are rules establishing the right of an arrested person to make a telephone call. R.S. 171.153 allows the arrested individual to make a “reasonable” number of telephone calls immediately after being booked and never later than three hours after the arrest. A “reasonable” number of calls include a completed call to a lawyer, and a completed call to a friend or family member. Phone calls may be limited to local telephone calls unless the arrested person will pay for a long distance call.
  • There are rules related to the arrest of someone with disabilities. R.S. 171.1536, N.R.S. 171.1537, and N.R.S. 171.1538 provide information on offering an interpreter and making communication easier for someone who is disabled and arrested.

 These laws are intended to protect individuals who are suspected of committing criminal activity and to ensure they are not subject to abusive arrest procedures.  Defendants may be unaware of many of their rights surrounding the arrest process. This is why it is so important to contact an experienced Las Vegas criminal defense attorney.

 How Can a Las Vegas Criminal Defense Lawyer Help?

 If you are under investigation by police for a suspected criminal act, it is best to contact a lawyer as soon as possible. By representing and advising you during questioning and assisting you during the investigation process, your attorney may be able to help ensure the police cannot build a case against you. If there is no case, there is no probable cause for arrest and you will not need to go through the uncomfortable, frightening, embarrassing arrest process.

If you are likely to be arrested for an offense, an attorney may also be able to negotiate the terms of your surrender to police. By coming forward to law enforcement officers on your own terms, you can avoid the embarrassment of being taken away in handcuffs in front of your family or co-workers. You can also work to try to ensure you do not end up having to spend time in jail until a bail hearing is scheduled.

Finally, if you are arrested, an attorney will assist you with everything that comes after. From arguing for bail to deciding how to plead to building a defense, a Las Vegas criminal defense lawyer can be there every step of the way with the knowledge you need to reduce the chances of a conviction or to reduce penalties.

To learn more and to get help from an experienced Las Vegas criminal defense lawyer who has successfully represented clients facing arrest throughout Nevada, call LV Criminal Defense today.

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