In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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Yes. Defendants in criminal cases who get released on their own recognizance (OR) may get arrested if they violate the terms of their release.
At a minimum, defendants released on OR are required to appear at future court hearings — in other words, not skipping court. And if they do skip court, defendants are required to waive extradition if they are subsequently arrested outside of the state.
Some of the other conditions courts may impose on defendants released on OR include:
These conditions are not like a criminal sentence: The defendant has not been convicted of anything because the case is still ongoing. Instead, these conditions are meant to strike a balance between allowing the defendant to remain out of custody while protecting the health, safety, and welfare of the community.
If the court learns that a defendant has violated the terms of the OR release, then it will issue a bench warrant for the person’s arrest. People with outstanding bench warrants may get arrested at any time, such as during a traffic stop.
Under NRS 178.4851, Nevada police are required to arrest defendants released on OR if they have probable cause to believe that the defendant has violated a condition of his/her release. The court may detain these defendants with or without bail.
And if the defendant is arrested outside of the jurisdiction where his/her criminal case is, the defendant has to reimburse the jurisdiction for any costs it incurred to bring the defendant back into the jurisdiction.
It always looks bad to judges when defendants violate the terms of their OR release, such as failing to appear at court in Nevada. Even though it has no bearing on whether the defendant is guilty or innocent of the underlying criminal charge, violating OR conditions cannot help but prejudice the judge and prosecutors against the defendant. For instance, it may deter prosecutors from giving the defendant a good plea deal.
Therefore, defendants who are lucky enough to get an OR release must try to “wear a halo” and be extremely careful not to do anything that defies court orders. Defendants who follow the rules tend to get better plea deals and better treatment by the court.
Learn more about getting own recognizance release in Nevada.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.