Question 1

What is a 72-hour hearing in Nevada?

Accepted Answer

A 72-hour hearing is another word for arraignment or initial appearance. It is where defendants who are still in custody following their arrest get formally charged by a judge in open court. 72-hour hearings are a defendant’s first opportunity to see a judge in person (or through video-conferencing). It is at the 72-hour hearing that prosecutors give defendants (or their defense attorney) the formal complaint listing the criminal charges they are accused of. The judge reads aloud the complaint (unless the defendant waives the reading). Prosecutors also hand over the discovery, which is a packet containing all the available evidence so far in the case such as police reports. If the defendant is facing only misdemeanor charges, the defendant will enter an initial plea of not guilty. Then the judge may schedule a trial, though the vast majority of cases resolve through a plea bargain. If the defendant is charged with a felony, then the court will schedule a preliminary hearing. In-custody defendants have their prelim two weeks later unless they agree to delay it. Note that if the District Attorney fails to bring formal charges by the 72-hour hearing, the suspect may be eligible to be released. Delays in bringing formal charges often occur in drug cases where the prosecution is awaiting test results from labs. In these situations, the judge has the discretion to decide whether to keep the suspect incarcerated until the D.A. is ready to file formal charges.

Question 2

Can police hold you for 72 hours?

Accepted Answer

Yes, people can be detained following an arrest for 72 hours. But if the District Attorney fails to bring formal charges by the 72-hour hearing, the suspect may be eligible to be released.

Question 3

Can defense attorneys be there?

Accepted Answer

Yes. Defendants' criminal defense attorneys may appear along with the defendant at 72-hour hearings.

Question 4

Can family be there?

Accepted Answer

Usually a defendant's family can attend the 72-hour hearing in the courtroom.

Question 5

When do 72-hour hearings occur?

Accepted Answer

Seventy-two-hour hearings must occur within three (3) judicial days of a defendant's arrest unless the defendant gets released first (such as by posting bail). Unlike calendar days, judicial days do not include weekends, holidays, or other days that the justice court is closed. So a person arrested Friday night in Las Vegas on Memorial Day weekend does not get a 72-hour hearing until the following Thursday--the day after the 48-hour hearing.

Question 6

Does everybody have a 72-hour hearing?

Accepted Answer

No, only defendants who are still in custody three judicial days after their arrest. Defendants who get released on bail or O.R. (own recognizance) still get an arraignment, but it is often weeks or months later.

Question 7

Can defendants ask for a bail reduction there?

Accepted Answer

Yes. Seventy-two-hour hearings may double as bail hearings, where the defense attorney asks the judge to reduce or eliminate bail completely (O.R release). Note that if the judge refuses, the defendant can still request bail reductions at a later time.

Question 8

What is the difference from 48-hour hearings?

Accepted Answer

Forty-eight-hour hearings are not really hearings. They occur in the judge's chambers without the defendant, defense attorney, or prosecutors. (Sometimes defendants may appear by video-conference from the detention center, and sometimes the defense attorney is present.) The purpose of 48-hour hearings is just to review whether sufficient probable cause exists to keep detaining the defendant until the 72-hour hearing. Judges can also use the 48-hour hearing to adjust the bail amount, but they typically wait until the 72-hour hearing to make any changes. In contrast, 72-hour-hearings occur in open court. Defendants, defense attorneys, and prosecutors may attend. And at the 72-hour hearing, the defendant gets formally charged. By the 48-hour hearing, charges are still only pending.

Question 9

What happens at a preliminary hearing in Nevada?

Accepted Answer

A preliminary hearing is like a mini trial in justice court where both the defense and prosecutors can call witnesses and evidence. The purpose of prelims is for the judge to determine whether there is still probable cause that the defendant is guilty.If there is no probable cause, the judge will dismiss the case and release the defendant (if he or she is not already bailed out). If there is probable cause, the judge will set the case for an arraignment in district court. This is called bounding the case over to district court.

Question 10

What does bound over to District Court mean in Nevada?

Accepted Answer

When a defendant loses a preliminary hearing in justice court, the criminal case gets transferred (bound over) to district court. Once the case gets bound over, the case is set for an arraignment in district court. Then at the arraignment, the district court judge will set the case for trial.

1. ¿Qué es una audiencia de 72 horas en Nevada?

1.1. ¿Pueden los policías detenerte durante 72 horas?

2. ¿Pueden estar los acusados?

3. ¿Pueden estar los abogados de la defensa?

4. ¿Pueden estar la familia?

5. ¿Cuándo se realizan las audiencias de 72 horas?

6. ¿Todos tienen una audiencia de 72 horas?

7. ¿Los acusados pueden pedir una reducción de la fianza allí?

8. ¿Cuál es la diferencia con las audiencias de 48 horas?

9. ¿Qué sucede en una audiencia preliminar en Nevada?

10. ¿Qué significa enviar el caso al tribunal de distrito en Nevada?

Referencias Legales

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