After an arrest for committing a criminal offense in Nevada, the criminal process can start in two ways. First, the police might conduct an arrest at the scene of the crime or another location. The criminal process might also start with a court order or summon, also known as a citation. When the police suspect that you have committed a crime, they conduct a pre-file investigation. This investigation entails looking into your suspected criminal activity. The investigation allows the police and the prosecutor to determine whether they have enough evidence to carry out an arrest and to bring charges against you. After an arrest, Express Bail Bonds can help you post bail to get out of jail.
After the police arrest you at the scene of a crime, the police take you into custody, interview the available witnesses, and request you to record a statement. The police might later use the information you provide in the statement to convict or acquit you. The police develop a report that may contain the results of the investigation, lab results, and forensic reports.
At times, the police may only need to have a probable cause to conduct an arrest. In some other instances, the law NRS 171.104 may require the police to request the judge for an arrest warrant. If the arrest occurs immediately after the commission of the alleged crime, the police may not require to have an arrest warrant.
When conducting the arrest, the law enforcement officers are likely to search you for weapons, drugs, or other crime-related items. The law requires the police to read out the Miranda rights to the accused person before questioning him/her for the suspected crime. Miranda rights involve the police informing the accused person about his/her right to remain silent. The accused person also has a right to contact an attorney and to have the attorney present at the time of the questioning. The accused also has a right to know that in case he/she cannot afford an attorney, the court may appoint a public defender on behalf of the accused person.
It is important to note that not all criminal cases in Las Vegas begin with an arrest. In some cases, mainly minor cases, the police will issue a citation giving you a date to appear in court and answer to the alleged criminal charges. The police may also forego the arrest process and have the court mail a summon requesting you to appear in court and answer to the summons.
After an arrest in Las Vegas, the police may release you from jail as long as you are willing to post bail. This entails placing an amount of money with the court as a promise to the court that you will show up for all the necessary future court appearances. Upon the completion of your criminal case, you will get back the bail amount even if you undergo a conviction.
The amount of money, which you have to place as bail will vary depending on the type of criminal offense you commit. Courts have bail schedules that come in handy in matching every crime with the bail amount. A serious criminal offense attracts a higher bail amount than a minor criminal offense. In some instances, the police may release you on your own recognizance without having to post bail. An own recognizance release entails making a written statement and committing yourself to appear in court on the said future date.
In some cases, the judge may refuse to set bail and keep you in custody as you wait for the outcome of the case. The judge may be unwilling to set bail if you have committed a serious offense like murder. If the judge grants bail, the court may accept bail in cash or bond.
If you do not have the cash required as bail, you can request a bail bondsman to post bail on your behalf. In Las Vegas, bail bondsmen charge a fee of 15% of the total bail amount. This charge amount will not be returned to you once the court exonerates the bond.
If you are unable to post bail to get out of jail, you will be entitled to a 48-hour hearing. This hearing takes place after spending two judicial days in jail. You will also be entitled to a 72-hour hearing a day later. During the 48-hour hearing, the judge will review whether there is a probable cause that you committed the crime and if bail is appropriate. During the 72-hour hearing, the District Attorney will bring charges against you and give you a chance to negotiate for less bail.
The arraignment is the first court appearance you will make. Depending on your offense, the arraignment may take place in a Nevada justice court or a municipal court. At the onset of the arraignment, the prosecutor will give you a complaint outlining the offense you have allegedly committed. You may plead guilty or not guilty to the outlined charges.
The judge will set another date for you to appear in court. The following appearance will be a trial or a preliminary trial depending on your case. In some cases, the judge may give the parties involved in the case an opportunity to reach a plea bargain.
The pretrial phase sets in once the arraignment process is over. During this stage, the District Attorney will provide the defense attorney with the evidence he/she intends to use against you. The law requires the District Attorney to hand over any evidence that may be helpful in your case.
Your defense attorney and the District attorney may hold pretrial conferences to discuss plea bargains, which are settling out of court. If you agree to plead guilty, also known as no contest, the D.A may reduce your charges to attract lesser penalties.
The preliminary hearings will come into place in case you are charged with a felony offense in Nevada. During this hearing, the judge will decide if there is enough evidence against you to transfer your case from the justice court to a district court.
Trial and Sentencing
The other stages in the criminal justice system are Trial and Sentencing. A case proceeds to trial if it is not resolved or dismissed by a plea bargain. If you plead guilty or if the outcome of the trial finds you guilty, the judge imposes sentence.
Find a Bail Bondsman Near Me
After an arrest for a criminal offense in Las Vegas, the court process will vary depending on the nature of the crime. You need to identify a reliable bail bondsman to help you post bail. You also need an experienced criminal defense attorney to guide you through the process. Express Bail Bonds provide reliable bail services in Las Vegas. Contact us at 702-633-2245 and speak to a competent bail bondsman.