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Procedure when arrest for capital offense

Vegas Defense Lawyer Provides Details for Capital Crimes in Nevada NRS 171.194

arrest for capital offenseA capital offense is a crime for which a defendant may be sentenced to death. Nevada still has the death penalty, and a variety of serious crimes may be considered capital crimes for which a defendant could lose his life if convicted.

When charged with a capital crime, it is absolutely imperative you understand the criminal process that you face and that you do everything you possibly can to protect your rights. LV Criminal Defense has experience providing legal representation to clients who are charged with crimes carrying the ultimate penalty. We have represented clients accused of terrorism-related offenses and murder, and we know how to provide the aggressive and skillful legal advocacy you need in the fight for your life. Call as soon as possible after an arrest so we can begin working on developing your case right away.

What Happens After an Arrest for a Capital Offense

Because a capital crime is so serious, defendants who are arrested for offenses that could carry the death penalty are subject to special rules of criminal procedure. Nevada Revised Statutes Section 171.194, for example, sets forth the procedure after an arrest for a capital offense.

When someone is arrested for a crime that could result in a sentence of death, the  sheriff of the county where the criminal complaint was filed must hold the defendant in custody until a bail hearing or until a writ of habeas corpus.  A writ of habeas corpus is a court order that is delivered to the sheriff holding the defendant in custody, ordering that the defendant be delivered to the court that issued the order.

Essentially, this means that a defendant who has been arrested for the alleged commission of a capital crime must stay in custody until a court says that it is appropriate for the defendant to be released.

Article 1, Section 7 of the Nevada Constitution indicates that: “All persons shall be bailable by sufficient sureties; unless for Capital Offenses or murders punishable by life imprisonment without possibility of parole when the proof is evident or the presumption great.”  If you are facing capital charges, there is a strong likelihood you will not be able to make bail and will need to remain in custody until your case has proceeded to trial and been decided.

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What To Do When Faced With Capital Crime?

In Nevada, there are a limited number of offenses considered capital offenses. You can be charged with a crime for which you face the death penalty if a murder occurs with aggravating circumstances, such as a murder involving torture, murder-for-hire, or murder committed in connection with gang activity or certain other criminal activity.  Capital crimes also include murder of a peace officer who is carrying out work duties, murder committed due to the victim’s sexual orientation, or murder involving a victim under age 14. These are just a few examples of the types of aggravating circumstances which can elevate a crime to a capital crime.

When facing charges for any criminal act for which death is a possible penalty, it is imperative to develop an appropriate legal strategy. From fighting conviction to negotiating a favorable plea deal, the goal is to get the best possible outcome in a high-stakes situation.

Interesting: Detainee Treatment Act of 2005 [White House]

How a Las Vegas Defense Lawyer Can Help

At LV Criminal Defense, our legal team is uniquely prepared to represent clients facing capital crimes charges because we have provided death penalty defense to many other clients in the past. We understand how these cases work and will work very hard to try to protect your future.

Call today to speak with a Las Vegas criminal lawyer who can assist you when facing the most serious charges a person can face.

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