A Vegas Defense Attorney descibes When Police Can Arrest You in Nevada NRS 171.136
Being arrested can be embarrassing and frightening. When you are arrested, you may be held in custody until a bail hearing where you can argue for release. Depending upon the charges you face and the day and time of your arrest, you could find yourself spending the night in prison as you wait to go before a judge.
You must understand your rights and the rules when it comes to the arrest process so you can protect your interests. A criminal defense lawyer serving Las Vegas can provide you with advice and representation upon your arrest. LV Criminal Defense will try to get you out of jail as soon as possible, and will try to keep you out after your arrest.
When Can An Arrest be Made?
Nevada has developed a code of procedure in criminal cases, which sets forth the rules for the criminal process. Nevada Revised Statute Section 171.136, which is found within this criminal procedure code, establishes when a law enforcement officer or other official can take you into custody.
According to the relevant law, an arrest can be made any time, day or night, if you have been charged with a gross misdemeanor or charged with a felony. However, if you were charged with a misdemeanor offense and not a felony, you cannot be arrested between the hours of 7:00 PM and 7:00 AM except in limited circumstances such as:
- When the magistrate directs that you be arrested and endorses the recommendation on the warrant to arrest you at any time.
- When an offense is committed in the presence of an officer who makes the arrest.
- When the arrest takes place in a public place or place open to the public provided there is a warrant of arrest and the warrant for the arrest was discovered because there was probable cause for the officer to stop, arrest, or detain you.
- When a private person witnesses the offense and makes an arrest immediately after.
- When the arrest is for an alleged domestic violence crime.
- When the arrest is for allegedly violating an order of protection.
- When you are already in custody.
- When you surrender yourself in response to having an outstanding warrant for your arrest.
You must be aware you are at risk of arrest any time, even for misdemeanor offenses, if any one of these conditions are met.
Responding to an Arrest
An experienced Las Vegas defense attorney can help you if you believe you may be arrested or if you have been taken into custody already. Your lawyer can:
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- Help you to determine when to voluntarily turn yourself in so you can avoid embarrassment, minimize time incarcerated, and ensure you have a lawyer with you at all times after your arrest.
- Argue for bail so you can get out of jail as soon as possible.
- Represent you during all interrogations by police so you can avoid self-incrimination.
- Assist you in beginning to prepare a legal strategy to fight the charges that resulted in your arrest.
You have the right to a phone call after you are arrested. Assert that right and call LV Criminal Defense right away.
Getting Help After Arrest from a Las Vegas Defense Lawyer
LV Criminal Defense is there for you after an arrest and our legal team will get to work immediately to help you fight for your future. An arrest is serious and you need to respond assertively so you are prepared to stand up for your freedom. Call LV Criminal Defense today to learn more about how our legal team can help you.