If you’re arrested in Nevada, and you don’t know what to expect, you might think you have legal rights you don’t have. These misconceptions can make the whole process even more stressful, so to help, here’s a breakdown of a few rights you don’t have, but you might think you do.
Right to Refuse All Searches
If you’ve already been arrested or the police have a warrant to search certain property, such as a car, then officers can perform the search. That said, if the warrant is not legally valid or the police officers have no probable cause to arrest you, an experienced attorney can help you challenge the prosecution’s case following an irregular search.
Right to Resist Arrest
Being arrested is traumatic, especially if you’re innocent of all charges. However, it’s best to cooperate with police officers and remain polite. Otherwise, you could face charges for resisting arrest or obstructing officers from carrying out their duties.
It’s advisable to allow officers to arrest you peacefully and invoke your right to an attorney as soon as possible.
Right to Call Anyone
Under Section 171.153 of the Nevada Revised Statutes, defendants have the right to call an attorney and a friend, bail agent, or family member within three hours of the arrest. However, this doesn’t mean you can make an unlimited number of calls – the number of calls must be “reasonable” in the circumstances.
Right to Bail
In Nevada, judges can refuse to grant bail if they deem the defendant a serious safety risk or if the charges they face are severe, such as murder in the first degree. So, although many defendants will have the chance to post bail pending trial, and others may be free to leave on their “own recognizance” without posting bail, bail will not be an option for everyone.
Retain a Nevada Criminal Defense Attorney
Although there are a few rights you don’t have under Nevada criminal law, there are many rights you do have. Attorney Barry, an experienced criminal defense attorney, will ensure you understand those rights, and she’ll help you through this incredibly traumatic time.