Las Vegas Criminal Lawyer Nick Wooldridge Provides Details When Probable Cause Can Lead to Arrest in Nevada NRS 171.1231
In the United States, you are entitled to due process of the law. This means you cannot simply be arrested without probable cause. For you to be arrested, specific conditions must be met. If you are arrested outside of those circumstances, your civil rights have been violated. You can have evidence suppressed if it was collected as a direct result of an unlawful arrest, and you may be able to sue for the violation of your rights.
At LV Criminal Defense, we understand that police sometimes act inappropriately and arrest people without justification. If you have been arrested without probable cause, our criminal defense team will come to the station, help you to get out of jail, and assist you in dealing with any criminal charges or inquiries you face in the aftermath of the unlawful arrest. We work to get you out of jail, get charges dropped, put an end to investigations, and keep you free of criminal consequences for the long-term. Call now to learn more.
Can You Be Arrested if Probable Cause Appears?
If a law enforcement officer encounters you and reasonably believes you are engaged in behavior that suggests you are committing a crime, have committed a crime, or are in violation of parole or probation conditions, the officer may detain you.
According to Nevada Revised Statute 171.123, the officer may detain you for long enough to determine your identity and to evaluate the suspicious circumstances surrounding your presence abroad. The officer is not allowed to detain you for longer than reasonably necessary, or for longer than 60 minutes. You also cannot be required to go anywhere besides the place where you are detained, unless arrested.
If, in the course of detaining you, the officer determines there is probable cause for arrest, you may be arrested, according to N.R.S. 171.1231. If it subsequently is determined there was no probable cause for the arrest, you must be released.
Essentially, N.R.S. 171.123 and N.R.S. 171.1231 give a law enforcement officer the opportunity to stop you and to determine if you should be arrested because of suspicion of criminal behavior. This arrest can result in you being booked into the system, being questioned by police, and potentially facing formal charges.
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What Should You Do If Subject to Arrest?
If you are arrested, you need to understand exactly what your rights are. The police should give you a Miranda warning, which essentially is a listing of these rights. Your rights include the right to a lawyer, and the right to remain silent.
If police arrest you and try to question you, do not provide any information. Anything you say could potentially be used to incriminate you. Instead, request to speak with your attorney right away and call LV Criminal Defense.
Your lawyer will come to you, will sit in on any questioning, will find out the reason for your arrest, and will work hard to get you free as soon as possible. You do not want to spend any longer in custody than you have to and you don’t want to say anything to jeopardize your future, so call a lawyer right away.
How a Las Vegas Defense Lawyer Can Help After an Arrest
LV Criminal Defense understands how frightening an arrest can be. We will work hard to try to make sure your arrest is your last involvement with the criminal justice system and that no formal charges are pressed.
If you are charged, we’ll represent you during the entirety of your criminal proceedings, with the goal of getting charges dropped, getting a not guilty verdict or negotiating a favorable plea deal. Call today to learn more about how we can help at each step of your case.
What Our Client are saying
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.