How arrests work in Nevada

The most straightforward arrest: an officer directly observes conduct they believe is criminal and arrests you on the spot. A traffic stop where the officer witnesses erratic driving and administers field sobriety tests. A disturbance call where the officer arrives and observes the situation firsthand. A search that uncovers contraband in the officer's presence.

For these arrests, the defense evaluates whether the officer had legal justification at each step: whether there was reasonable suspicion for the initial stop, whether probable cause actually developed or the officer jumped to an arrest too early, whether any search was lawful, and whether a warrant was required and not obtained.

Officer-observed arrests often produce the most physical evidence and documentation: body camera footage, dashcam video, and arrest reports written close in time to the events. That evidence can work for the defense as much as against it. What the footage actually shows is often different from what the report says.

An officer doesn't have to personally witness an offense to arrest someone for it. If a complaining witness (a spouse, a neighbor, a victim) reports that a crime occurred and provides a statement, that statement can establish probable cause for arrest even if the officer saw nothing.

Domestic battery is the most common example. Police respond to a call, one party claims they were hit, and the officer makes an arrest based on that account, often even when there are no visible injuries. The alleged victim's word, corroborated by some additional circumstance, is legally sufficient probable cause.

These cases turn almost entirely on credibility. From the beginning, the defense looks at whether the witness was telling the truth, whether they have a motive to fabricate or exaggerate, what the physical evidence and other statements show, and how the alleged victim's account at the scene compares with what they said later.

Witness-accusation arrests are also the most likely to proceed even when the complaining witness later recants or stops cooperating. In Nevada, domestic violence prosecutions are controlled by the state, not the alleged victim. The case continues even if the witness wants it to stop.

The third type of arrest happens not at the moment of the offense but later, sometimes much later. Detectives investigate a prior incident, identify a suspect, build a case, and take it to a judge for a warrant or to a grand jury for an indictment. The arrest then executes on that legal authorization.

These arrests can happen months or years after the alleged offense. You might not know you're under investigation at all until police appear at your door or you're notified of a pending warrant. Federal prosecutions almost always follow this model: an investigation, then charges, then arrest.

Warrant arrests give the defense useful information. The prosecution had to present evidence to a neutral magistrate and establish probable cause before the arrest. The warrant application and any supporting affidavit become part of the record that can be challenged. If the warrant was obtained based on false or misleading information, suppression of evidence may follow.

If you believe you are under investigation or that a warrant may exist, contact an attorney before you are arrested. Voluntary surrender, when appropriate, can affect bail and the tone of the case going forward.

Three words cover it: call my attorney. Not an explanation of what happened. Not a denial. Not cooperation with an interview. Officers use the confusion and fear of the arrest to get people to talk, and what people say in those first minutes becomes evidence. The Fifth Amendment right to remain silent exists precisely for this moment. Use it.

You are required to identify yourself by name, but nothing else. You do not have to explain where you were, what you were doing, or what you know about the alleged offense. Any statement, no matter how innocent it sounds, can be used against you. Officers are not required to tell you that a statement is being recorded.

Once you invoke the right to an attorney clearly and unambiguously ("I want an attorney. I will not answer questions without one."), questioning must stop. If it continues, statements made after that invocation may be suppressed.

From the moment of arrest, the arraignment clock is running. If you are held after arrest, Nevada law requires that you be brought before a judge without unnecessary delay (NRS 171.178). If that has not happened within 72 hours, not counting weekends and court holidays, the judge must hear the prosecutor's explanation and may release you. This first appearance is not the felony arraignment, which happens later in district court. Bail is usually addressed at that first appearance. Counsel in place early can argue whether bail is reasonable, whether conditions are appropriate, and whether you should be released without conditions.

Detectives sometimes contact people before an arrest, asking to "just talk," requesting a voluntary interview, or saying they'd like to ask a few questions. This contact is not casual. Investigators conduct pre-arrest interviews to gather evidence and admissions before charges are filed. There is no obligation to participate.

If law enforcement contacts you about any incident, whether you believe you are a suspect or not, do not agree to an interview without first speaking to an attorney. The fact that they're asking questions means you may be a target. Anything you say, however innocently intended, can and will be used if charges are later filed.

Call 702-990-0190. Michael Mee can contact the investigating agency, find out what he can about the investigation, and advise you on how to respond, or whether to respond at all.

Once your case resolves, you may be eligible to seal the record, which removes it from background checks. If you were convicted and believe legal errors occurred at trial, an appeal may be an option.