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Nevada Criminal Arrests as Defined by NRS


Being arrested is surely one of the worst things that can happen to a person. The humiliation, the thought of being locked behind bars, and knowing that it will have repercussions such as difficulty to find a job will really take a toll on someone’s emotional and mental well-being.

There are countless arrest every year in the state of Nevada, particularly in frenzied places such as the Las Vegas Strip. Nevada arrests and eventual incarceration are at the all-time high since 2016 and is the 12th highest in America.

The Nevada Revised Statutes (NRS), particularly NRS 171.104, details that arrest means taking a person into custody as sanctioned by law. A peace officer or a private person which is any citizen of the United States can do the arrest but only under particular conditions. Read below to learn more info according to NRS and what to do if arrested!

How to get arrested?

We trust you know that when you get arrested by the police it is for a criminal charge that is accused against you. It is common knowledge that the police investigates first before arresting someone. They can use hard evidence against you or probable cause to make the arrest valid.

If you violate any of Nevada’s laws, you will most likely be arrested. Unfortunately, some visitors and even residents are unaware of a few of the illegal actions in the state but as it is popularly stated, ignorance of the law excuses no one. Aside from the common causes of arrests in Nevada such as DUI (Driving under the influence), domestic violence, and drug trafficking, here are several of the least known prohibited acts that you should know of:

Smoking marijuana in public places

Although marijuana is legal to purchase in Nevada, you cannot smoke it in the streets, hotel rooms, casinos, parks or any other premises that are populated by other people. You can only smoke it in the vicinity of your own home.

Engaging on prostitution

Only 12 of the 16 counties in Nevada allow operations of prostitution and Las Vegas is not one of them. If you willfully partake on prostitution as a client and pay for services, a police officer could arrest you.

Participating on criminal anarchy activities

Criminal anarchy is illegal in Nevada and is described in NRS 203.115 as movements done by organizations to overthrow the government through force and violence. So the next time you are hitting the streets campaigning the collapse of the government through vicious power, you are setting yourself up for arrest.

There are a lot more things you might be doing that are illegal in Nevada. The statutes of Nevada are not the same with other states so it is best to probe them to know what you might be missing.

It does not matter if the violation you have done is under misdemeanor and felony: you will still be arrested by the police. However, know that not every arrest leads to prison time. Usually, police takes those with milder misdemeanor charges to police headquarters for detention. Only to release them in exchange of attending trials or proceeding to the next legal steps.

What to do if arrested?

There is a myriad set of instances when it comes to arrest. According to NRS 171.136, when your charges are felony or gross misdemeanor, the police could arrest you any time of the day. This means you could get arrested while driving your car, when you are inside your home, or when you are out with your friends. If you are facing a misdemeanor charge, the police could not arrest you in hours between 7 PM to 7 AM only.

One thing you should know is that the police do not take chances of you evading. Once a warrant of arrest is issued, they will promptly head to your location, either to capture you right away or perform a stakeout for a more solid proof.

We understand how daunting it could be to have armed policemen suddenly knocking at your door and asking you to come out. But the first thing you need to do is remain calm, especially if you know you are innocent of the impending accusations. Police can use agitation and constant refusal to participate as strong probable cause so it is recommended that you participative while remaining vigilant of your rights.

Usually, during an arrest, a police officer will recite the Miranda Rights and you can exercise some of your rights that are within it such as remaining silent. Everything you say can be used against you so it is better to have your criminal defense attorney by your side when you give out statements. Do police officers have to tell you why you are being arrested? Yes, they should as stated in the Fourth Amendment. They can also explain your charges further and where you will be detained.

Once apprehended, the police will then take you into their headquarters for custody.

What happens after an arrest?

Once at the detention center, you will be subjected to fingerprint scanning, photographs, and other information gathering procedures. After this is your detention and eventual questioning. This is the time that you can call your LV criminal defense attorney to help you with the police’s interrogation.

Arraignment is what happens after the initial detention. This constitutes your first court appearance wherein the charges against you will be read and this is also the moment where you and your attorney can plead guilty or not guilty. Trial will commence when you choose the not guilty plea.

What is citizen’s arrest in Nevada?

As seen in NRS 171.104, a private person or any resident of Nevada or the other states in the United States has the right to perform a citizen’s arrest but only on specific grounds.

NRS 171.126 expands on this notion by stating that a private person could arrest anyone if a public offense was made or if the accused had committed a felony (you need to see it with your own eyes). Citizens could also assist during the arrest of an evading criminal but cannot perform brutal force unless it is needed for self-defense.

When under Nevada arrest, do not think quickly of how you will spend the rest of your life in confinement. You are still not guilty and there are an ample amount of time for you to formulate your defenses. One of your privileges enclosed on the Miranda Rights is the entitlement to get at attorney. Better enlist the help of a trusted criminal defense attorney in Nevada who is an expert when it comes to the case that you are dealing with.

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