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Being arrested or being issued a summons begins a process during which you must come to court, face up to accusations against you, and make arguments to avoid being found guilty of a crime or infraction. It is important to understand when a warrant can be issued or when you can be summoned to court, and to know what to expect during the entire criminal justice process.
At LV Criminal Defense, we provide legal representation to clients who are facing arrest and prosecution for crimes. We will come to the police station after your arrest, advise you as you answer questions or are interrogated, and represent you during an arraignment and bail hearing. We’ll be your advocates if you must come to court to respond to a summons, and we’ll deal with prosecutors on your behalf and launch an investigation into your case. We’ll also help you to decide on the best strategy when faced with charges, with the goal of minimizing or avoiding penalties.
A criminal summons requires you to appear before a magistrate at a specified time and place. Affidavits filed in support of a warrant are considered by the magistrate, and if they establish that there is probable cause that the defendant committed an offense that can be tried in the county, an arrest warrant shall be issued. If the district attorney requests a summons, the magistrate shall issue a summons instead.
Under NRS 171.106(2), the magistrate may issue either a warrant or a summons if affidavit evidence filed with a complaint or a citation under NRS 484A.730, 488.920, or 501.386 establishes the same probable cause. Under NRS 171.102, a complaint must state the essential facts of the charged offense in writing and be made either under oath before a magistrate or notary public or by declaration under penalty of perjury.
If the defendant fails to appear in response to a summons, NRS 171.106(5) requires an arrest warrant to be issued.
An arrest or criminal summons can lead to a court appearance. At trial, the prosecution must prove guilt beyond a reasonable doubt.
You must be informed of why you are under arrest, and you must be informed of your rights, which means being given a Miranda warning. You have a right to see the arrest warrant when you are taken into custody. You also have the right to an attorney, the right not to be questioned without your lawyer present, the right to remain silent, and the right to be treated humanely during the entirety of the time you are held in custody.
An arrest is frightening, but an experienced Las Vegas criminal defense lawyer will help you to ensure you effectively navigate the criminal justice system so you can protect your rights. At LV Criminal Defense, we may be able to get the charges against you dropped before your case even moves on to the trial phase.
We can also help you to explore pre-trial diversion options, plea agreements, and the possibility of raising defenses. Call us after your arrest to learn about your options and about how an experienced attorney can help.
Warrant or Summons Upon Complaint