Arrest Process descibed By Las Vegas Criminal Attorneys in Nevada NRS 171.1257
Due process is one of the hallmarks of the criminal justice system, and it begins with the arrest process. Police are subject to strict rules regarding who can take you into custody, when, and why. Before you are arrested, it is important for you to understand what your rights are and when an officer acts unlawfully. If your civil rights are violated, remedies are available to you including keeping illegally obtained evidence from being used in trial and suing those who treated you unjustly.
At LV Criminal Defense, we work hard to make sure our clients take full advantage of their due process rights. The sooner you contact us, the sooner you will have an experienced Las Vegas criminal lawyer, such as Nicholas Wooldridge, looking out for your interests and fighting to keep you out of prison. Call today to schedule a consultation and learn more about what we can do for you if you fear an arrest or if you have already been taken into custody.
Rules for Arrest by a Peace Officer or DEA Agent
There are different people with authority to arrest suspects in the state of Nevada. The state’s rules of criminal procedure set forth the rights of different authorities during the arrest process. Nevada Revised Statute Section 171.124 provides details on situations where a peace officer or an agent of the Drug Enforcement Administration (DEA) can arrest you.
Under this rule, a peace officer or DEA agent designated by the U.S. Attorney general can make an arrest after a warrant is delivered or can make an arrest:
- If a public offense is committed in the presence of the officer or agent.
- If a public offense is attempted in the presence of the officer or agent.
- When a felony or gross misdemeanor has been committed by the person arrested, even if the offense was committed outside of the officer’s presence.
- When there is reasonable cause to believe the person being arrested has committed a felony or gross misdemeanor.
- When a charge is made due to a reasonable cause a felony or gross misdemeanor has been committed.
- When a warrant has been issued in Nevada for the arrest of the named individual and there is reasonable cause to believe the person being arrested is the named individual.
Essentially, this means a peace officer or DEA agent can make an arrest if there is good reason to suspect you committed a felony or a gross misdemeanor and/or if a warrant has been issued or charges have been levied.
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What Happens During and After Arrest
During your arrest, you may be searched if there is reason to believe you have a weapon. Evidence obtained during the search can be used against you, provided the arrest was valid and there was reason to believe a weapon was on your person and presented a risk to the officer.
You must be read your rights and informed of your right to a lawyer. You also have the right to remain silent, to not incriminate yourself, and to make a reasonable number of phone calls- including a completed call to a friend or family member and to a lawyer.
Resisting arrest can result in further criminal charges, and anything you say during and after the arrest process could be used by a prosecutor against you in court, so you must be careful and strategic when you are subject to arrest. Call a lawyer for help as soon as you can so you can make smart choices as you become involved with the criminal legal system.
How Can a Vegas Defense Attorney Help?
A Las Vegas criminal defense lawyer can provide you with invaluable guidance and assistance as you face an arrest and as you deal with the charges that could follow. Call LV Criminal Defense today to learn more about the legal services our team offers to clients accused of misdemeanors or felonies throughout the state of Nevada.
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