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Arrest by officer of agent of bureau of indian affairs or police office employed by Indian tribe

Las Vegas Criminal Defense Attorney Unveils Arrest Process Followed by Bureau of Indian Affairs in Nevada NRS 171.1255

Indian in policeWhile most defendants in Nevada are aware they can be arrested by a peace officer, they may not be familiar with all individuals with the authority to execute an arrest.  For example, Nevada gives the authority to conduct a lawful arrest to officer and agents of the Bureau of Indian Affairs, as well as to police officers employed by Indian tribes.  These officials can take action under a specific set of circumstances, but must respect the rights of defendants.

Defendants must be aware of all rules for arrest and must respond appropriately when subject to arrest so they can protect their interests. LV Criminal Defense is here for you if you are arrested. Call any time to speak with a Las Vegas defense lawyer who can immediately come to your aid and begin helping you to develop a legal strategy for responding to criminal charges. 

Arrest By an Agent of the Bureau of Indian Affairs or By a Police Officer Employed by an Indian Tribe 

 The Bureau of Indian Affairs employs officers and agents, and Indian tribes also employ police officers. These officials can make arrests under circumstances outlined in Nevada Revised Statute 171.1255.

Under this law, arrests can be made by officers and agents of the Bureau of Indian Affairs, as well as by police officers employed by Indian tribes if:

  • A warrant has been issued for an individual’s arrest.
  • A public offense is committed in their presence.
  • They witness an attempt to commit a public offense.
  • A felony or a gross misdemeanor has been committed by the individual being arrested, or has been committed and there is probable cause to believe the person being arrested committed the crime.
  • Charges have been pressed against the person being arrested, based on a reasonable suspicion the individual committed a gross misdemeanor or felony offense .

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  • There is reason to believe the individual being arrested is the person for whom a warrant has been issued by the state of Nevada.
  • There is reason to believe the individual being arrested has committed bodily harm against a spouse, and evidence of such bodily harm is found.

An officer, agent, or police officer employed by an Indian tribe can make the arrest within the boundaries of an Indian reservation or Indian colony, and outside of the boundaries of the reservation or colony when the agent is in fresh pursuit of someone believed to have either committed or attempted to commit a felony while within the bounds of the Indian reservation or colony.

How a Nevada Criminal Defense Lawyer Can Help

 When subject to an arrest by an agent or officer on an Indian reservation, it is imperative you have a detailed understanding of how the law applies to you and of what your rights are.  In some cases, criminal acts fall under tribal jurisdiction while in other situations you will be charged in state or federal court. The process your case will take is going to vary depending upon who is prosecuting your case and you need to understand what specific laws apply in your situation so you can develop an effective legal strategy.

Nick Wooldridge of LVV Criminal Defense provides legal representation to clients accused of committing offenses on Indian reservations. We can help you to put together a strategic response to all of the allegations you face and to navigate your way through the justice system as you resolve charges. To learn more and to get the help you need, give us a call today.

 

 

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