A Las Vegas Defense Attorney descibes Criminal Complaints in Nevada N.R.S. 172.102
In the state of Nevada, an arrest warrant may be issued when a criminal complaint is filed with the court. Complaints provide only basic details of a crime, but must provide probable cause before a case can go forward.
As a defendant, you have the right to be informed of all charges you face and all accusations made against you in a complaint. You must be provided with information about your charges, and about your legal rights, when an arrest warrant is carried out.
As soon as you discover a complaint has been filed against you, or as soon as you are arrested, you should reach out to an experienced Las Vegas criminal defense attorney for help. LV Criminal Defense has extensive experience providing aggressive legal representation to clients who are charged with both misdemeanor and felony offenses. We are always there to help when you need us, so call as soon as possible so we can get started on your defense.
What is a Complaint?
Nevada Revised Statute 171.102 explains what a complaint means in the context of a criminal case. A complaint is a “written statement of the essential facts constituting the public offense charged.” A complaint is prepared by the District Attorney who intends to move forward with the prosecution of the case. It is not the same as when someone calls the police to report a crime. It is an official document, which is generally filed with the Justice Court.
A complaint must contain information about the behavior that was allegedly criminal, as well as details about the specific offenses a defendant is accused of committing. The essential facts that provide probable cause a crime was committed must be set forth in the complaint.
The complaint must also be made upon an oath before a magistrate or a notary public, and the declarations set forth in the complaint are made subject to penalties for perjury.
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When Does a Complaint Trigger an Arrest Warrant?
A complaint can result in an arrest warrant being issued. N.R.S. 171.106 explains the circumstances under which a complaint will lead to a warrant. According to the relevant code section, a magistrate may issue a warrant for the arrest of the defendant if the complaint and accompanying affidavits provide probable cause to believe a criminal offense has been committed. The warrant will be issued to any peace officer, who may carry out the arrest. Multiple warrants may also be issued based on one single complaint.
If the district attorney requests it, a summons to come to court may be issued instead of an arrest warrant. However, if a defendant does not appear in response to the summons to come to court, then an arrest warrant will be issued so a peace officer can take the defendant into custody.
What Should You Do If a Complaint is Entered Against You?
If a criminal complaint is entered against you, it is imperative that you prepare to respond to the charges. You should begin conducting an investigation into allegations made against you immediately. You should also contact an attorney. An attorney can argue for charges to be dismissed if there is no probable cause to move forward with prosecution and can begin helping you to develop a defense strategy to respond to the charges you face.
How Can a Las Vegas Criminal Defense Lawyer Help?
A Las Vegas criminal defense lawyer will provide you with invaluable assistance in understanding the nature of the accusations against you, and in either negotiating a plea agreement or building a strategy for getting charges dropped or a not guilty verdict. LV Criminal Defense has helped many clients to resolve serious charges with minimal or no penalties for wrongdoing. To learn more about how we can assist you when a complaint is filed and a warrant is issued for your arrest, give us a call today.
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