A Las Vegas Defense Lawyer Unveils The Arrest Warrant Process in Nevada N.R.S. 171.106
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.
When is a Warrant Issued?
A warrant for your arrest is generally going to be issued for more serious criminal offenses, including both felony crimes and some misdemeanor offenses. When a warrant is issued for your arrest, it is issued to any peace officer. The peace officer then has the legal authority to go and take you into custody, so you can be booked into the system, fingerprinted, and arraigned. A summons, on the other hand, is an order for you to appear in court to respond to more minor charges. You will not go through the formal arrest process if a summons is issued.
Nevada Revised Statute 171.106 provides details on when a warrant for your arrest may be issued and on when a summons will be issued. According to the relevant code section, a warrant will be issued upon a complaint or upon a citation. Complaint is defined in N.R.S. 171.102 to include a written statement setting forth facts about behaviors and actions that constitute a public offense. A district attorney generally prepares the complaint, which is written or typed, and then submits the complaint and takes an oath before a magistrate or notary public, subject to the penalty of perjury.
A warrant will only be issued after a complaint is made if the facts of the complaint and accompanying affidavits provide sufficient probable cause to make it reasonable to move forward with prosecuting a case against you.
If a summons is issued instead of a warrant and you fail to appear in court at the required appointed time, a warrant may then be issued for your arrest.
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What Happens When a Warrant is Issued?
When a warrant is issued, police officers or other law enforcement agents may come to your home, place of work, or other location and arrest you.
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.
How Can a Las Vegas Lawyer Help When a Warrant is Issued?
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.
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