In the state of Nevada, you typically stand trial for a criminal offense in the location where the crime was allegedly committed. This means if you break the laws of Las Vegas, you would be tried in the Clark County Court system and most likely would stand trial at the Clark County Justice Court located at 200 Lewis Avenue.
Defendants, however, may leave Las Vegas and may leave the county where the crime took place. When this occurs, you can be arrested elsewhere in Nevada. State law specifies when and how this can occur. If it does occur and you are arrested anywhere in the state, you need to get legal advice from a lawyer who understands how the Nevada court system works. LV Criminal Defense provides legal advice, advocacy, and skillful legal representation to defendants located statewide. Give us a call to learn about how we can help you to try to get out of jail, avoid a trial, and avoid conviction whenever you are subject to an arrest.
In Nevada, the Intrastate Fresh Pursuit Uniform Act provides details on when and where you can be arrested by a peace officer after allegedly violating state law. The Act is found within Nevada Revised Statutes Sections 171.166 through 171.176.
According to N.R.S. 171.172, any peace officer who is in fresh pursuit of someone who has committed a felony offense may take the alleged felon into custody anywhere within the state. An officer in fresh pursuit may also take someone into custody based on suspicion of committing a felony, or may take someone into custody provided the officer has a valid warrant for arrest.
Essentially, this law means no matter where you are within the state of Nevada, and no matter where in the state the crime was committed, any peace officer or police official can take you into custody if they have a warrant for arrest, if you committed a felony, or if there is reasonable cause to suspect you committed a felony. The officer has the authority to do this when the officer is in fresh pursuit of you, even if the officer has to come across county lines.
An officer may also pursue you across state lines if they are in fresh pursuit and if it is believed you committed a felony offense. For defendants who commit crimes in other states and flee into Nevada, the rules setting forth when an officer may pursue the defendant across the Nevada state lines are set forth in the Interstate Fresh Pursuit Uniform Act. This law, which governs arrests within Nevada’s borders by peace officers from other states, is found in Nevada Revised Statutes sections 171.154 through 171.164. Other states, including those bordering Nevada, have similar laws.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Nevada Revised Statute 171.174 addresses the procedure after an arrest that takes place under an officer’s authority vested in the officer by the Intrastate Fresh Pursuit Uniform Act.
If the arrest took place without a warrant, the peace officer must act without unnecessary delay to bring you before a municipal court, a justice of the peace, or any other magistrate in the county where the arrest was made. The court in the county where the arrest was made will hold a bail hearing and will determine if the offense is bailable and what amount of bail is appropriate. If you are able to post bail, then you will be required to appear in the court that has jurisdiction of the criminal offense.
This means if you commit a felony crime in Las Vegas (or if there is reason to believe you committed a felony) and the police are in fresh pursuit to arrest you, they may follow you across county lines, even if they do not have a warrant to arrest you. When they arrest you in a different county, they must bring you before a magistrate. The magistrate can set bail and you will be required to go to court in Las Vegas in order to deal with the charges in order to get the bail money back. The rest of your case will be prosecuted in the Clark County Court with jurisdiction over crimes committed in Las Vegas.
Whenever and wherever you are arrested, Nevada law and the U.S. Constitution both provide certain protections to you. For example, you are entitled to make a completed call to a lawyer and to a friend or a bail agent as soon as practical after you are booked, and always within three hours. You are also entitled to remain silent during any interrogations or questioning and to be represented by a lawyer as you handle your criminal claim.
You need to ensure you assert these rights, whether you are arrested in your home county or elsewhere in the state of Nevada or even across state lines. Call LV Criminal Defense so we can represent you as you deal with all of your legal problems within the state of Nevada.
LV Criminal Defense cares deeply about protecting the due process rights of our clients. Our legal team fully understands all Nevada laws of criminal procedure, including those laws protecting the rights of defendants who have been subject to arrest. When you are taken into custody, we will try to get you out of custody as soon as possible for minimal or no bail money. We’ll go right to work to respond to your charges, conducting an investigation of the evidence, helping you to determine how to plea, and trying to get charges dropped.
Wherever in Nevada that you are subject to arrest, we are here to help you. Give us a call today to speak with a Las Vegas criminal defense attorney who can provide you with the help you need.