Once a person is arrested and booked in Clark County, the criminal process begins. Nevada law outlines the rights that are afforded to the person in custody and several steps that must be followed throughout the process, including appearance before a judge within 72 hours. Having an attorney on your case from the first court appearance to resolution of your case can be advantageous.
Being arrested and charged with a criminal offense can be an overwhelming process, but you do not have to go through it alone. Contact Las Vegas 72-hour hearing lawyer Jeffrey Jaeger. Having a knowledgeable and skilled attorney can be beneficial in obtaining favorable results in your hearing.
The Law Offices of Jeffrey Jaeger represents clients throughout Clark County, including those in Las Vegas, North Las Vegas, and Henderson. Call (702) 816-3888 today to schedule a free initial consultation and learn more about your options. Jeffrey is adamant about helping people protect their rights throughout the criminal process.
A 48-hearing is not a hearing in which the person in custody would be required to appear. This process is performed by a Justice Court judge in his or her chambers prior to the person's actual first appearance. During this time, the judge reviews the case, which can be done with the alleged offender's attorney.
The main purpose of the hearing is to allow the judge time to review the case and determine if there is probable cause to detain the person until formal charges have been filed. This hearing also allows the judge a moment to consider the person's bail amount, although it is not formally set during this process.
However, bail typically is not adjusted during this time, even though the judge has the power to do so. Clark County uses a standard bail schedule based on the classification of the offense. This goes into effect when the person is taken into custody.
According to the bail schedule, if a person is charged with a Category D or E felony, the bail could be set at $5,000. If a person is charged with a Category C felony, the bail could be $10,000. A Category B felony could mean bail at $20,000. Bail for Category A felony charges and charges for DUI resulting in death will be set in court.
In Nevada, a person is expected to appear before a magistrate judge within 72 hours of his or her arrest, excluding non-judicial days, according to Nevada Revised Statute 171.178. This could be the offender's initial appearance in court after the arrest and the district attorney's deadline to file formal charges.
If an arrested person does not have a hearing within that time frame, the prosecuting attorney could have an opportunity to explain the circumstances leading to the delay. Additionally, the person could be released if the judge finds he or she was not brought forth without unnecessary delay.
However, there are some instances in which a district attorney is unable to file charges within that period. For example, cases in which the processing of lab results takes longer than the 72-hour period. If the judge finds the explanation of the delay valid, the person could still be held in custody.
If charges have been filed, a copy of the criminal complaint stating the formal charges, a discovery packet, and copies of police reports will be given to the defendant's attorney. This can be used when arguing to have the bail amount reduced. This is where having an attorney with a strong understanding of the criminal procedure will prove critical.
If you or a loved one has been arrested, contact Las Vegas 72-hour hearing attorney Jeffrey Jaeger. Call (702) 816-3888 as soon as possible for a free consultation to learn more about your options and how he can help. Jeffrey can work with you to ensure your rights are represented. He assists clients throughout Clark County.
Stay up-to-date on the latest legal news in the Silver State. Las Vegas attorney Jeffrey Jaeger discusses important developments in Nevada Appellate Courts.