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. Did they have reasonable suspicion to make the initial stop? Did probable cause actually develop, or did the officer jump to arrest prematurely? Was any search lawful? Was a warrant required and not obtained?

Officer-observed arrests often produce the most physical evidence and documentation — body camera footage, dashcam video, 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, 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. Was the witness telling the truth? Do they have a motive to fabricate or exaggerate? What do the physical evidence and other statements show? What did the alleged victim say at the scene versus later? These are the questions the defense builds around from the beginning.

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 important 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, fear, and intimidation of the arrest moment 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 — your 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.

After invoking the right to an attorney, invoking it 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. In Nevada, arraignment must occur within 72 hours for someone in custody. Bail gets set at or before arraignment. Whether bail is reasonable, whether conditions are appropriate, and what arguments can be made for release without conditions are all issues that benefit from having counsel in place immediately.

Detectives sometimes contact people before an arrest — asking to "just talk," requesting a voluntary interview, or notifying them 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. We can contact the investigating agency, assess what's known about the investigation, and advise on how to respond — or whether to respond at all.

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