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.
Five Things To Know When You Are Arrested in Nevada
Being arrested is always a scary experience. You will likely be confused, and not sure when you should call a Nevada criminal lawyer, or what your rights are. If you are arrested, keep in mind the following:
1. What Is An Arrest?
An arrest means that you are not free to leave. This is not the same as being detained by police. If you are detained you are stopped for only a short period of time and released.
2. What Are My Rights?
You have specific rights available to you, which you will be advised of when you are arrested. These are called your Miranda rights. You will be advised that you have a right to remain silent, anything you say can be used against you, you have a right to a lawyer, and one will be appointed for you if you cannot afford one.
3. When Can I Be Released?
During questioning, if the police feel that you are not guilty of a crime you will be released.
4. What Is An Arraignment?
An arraignment in Nevada courts shortly after you have been taken into custody, usually within 48 hours. At this hearing, you will be advised of the charges against you and you will have the opportunity to enter a plea. It is extremely important that you consult with a Nevada criminal attorney before this hearing. How you plead has a detrimental effect on your case. (Note that the majority of arrests arise out of an “information” rather than an “indictment by a grand jury.” (Learn more about which cases have grand juries in Nevada.)
5. Once I Know My Rights, Can I Be Questioned?
You can only be questioned without a lawyer present if you waive your rights. It is important to note that if you ask for a lawyer but continue to talk, the information you provide can be used against you in court.
About the Author
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.