⚖️ Criminal Defense

What to Do After a Criminal Arrest in Nevada

By John Quigley · NevadaAttorneyFinder.com · Updated May 27, 2026

This article is for informational purposes only and does not constitute legal advice. NevadaAttorneyFinder is a directory, not a law firm.

Being arrested in Nevada is stressful and frightening. The actions you take — and the mistakes you avoid — in the first 24–72 hours can have lasting consequences on your case. This guide explains your rights and what to do after a criminal arrest in Las Vegas, Nevada.

6 Steps to Take Immediately

Stay Calm and Do Not Resist Arrest

Resisting arrest in Nevada is a separate criminal charge under NRS 199.480. Even if you believe the arrest is unlawful, do not physically resist. Your remedy for an unlawful arrest is through the courts — not at the scene. Comply with the physical arrest while clearly invoking your rights verbally.

💡 Tip: You can clearly state 'I do not consent to this search' if officers attempt to search your person, vehicle, or home without a warrant — this preserves your Fourth Amendment rights for later court proceedings.

Invoke Your Right to Remain Silent

The Fifth Amendment protects you from self-incrimination. After providing your name and identification, you are not required to answer any questions. Say clearly: 'I am invoking my right to remain silent.' Then stop talking — to officers, to other inmates, to anyone who might relay information. The right to remain silent is absolute and cannot be used against you at trial (Doyle v. Ohio).

💡 Tip: Jail calls and inmate conversations are routinely recorded. Never discuss your case over jail phones or with other inmates.

Immediately Request an Attorney

State clearly: 'I am invoking my right to an attorney.' Police must stop all questioning once you invoke this right (Edwards v. Arizona). If you cannot afford an attorney, you will be appointed a public defender at arraignment. If you can afford a private attorney, call immediately — many Las Vegas criminal defense attorneys offer 24/7 emergency consultations. An attorney can often attend your bail hearing and argue for a lower bail.

💡 Tip: The period between arrest and arraignment (24–48 hours in most cases) is when police try to get statements. An attorney hired before arraignment can prevent this from happening.

Understand the Bail Process

In Nevada, bail is set at arraignment (your first court appearance, typically within 24–48 hours of arrest for misdemeanors, 72 hours for felonies). Bail can be paid in cash, through a bail bondsman (typically 10–15% premium, non-refundable), or you may be released on your Own Recognizance (OR) with no cash required. An attorney present at the bail hearing can argue for OR release or lower bail based on your ties to the community, employment, and lack of prior record.

💡 Tip: Paying a bail bondsman's premium is a sunk cost — you do not get it back. If you can post cash bail, it is returned at the conclusion of the case (minus court fees if convicted).

Write Down Everything You Remember

As soon as you have access to paper, write down: everything that happened leading up to, during, and after the arrest; what questions were asked and what was said; the names and badge numbers of all officers; the time, location, and circumstances of the stop or arrest; and any witnesses. Memory fades quickly. Your attorney will need these details to identify defenses — an illegal traffic stop, Miranda violations, or inconsistent officer testimony.

💡 Tip: If you were searched, write down exactly what the officer said to justify the search and whether you consented. Unlawful searches are a primary basis for suppression motions.

Attend All Court Dates

Missing a court date results in an automatic bench warrant for your arrest, forfeiture of your bail bond, and potential additional criminal charges. Even if you believe the case is minor, never miss a court date. Your attorney will manage all court appearances and can sometimes appear on your behalf for non-critical hearings.

💡 Tip: Do not consume alcohol or controlled substances while your case is pending, especially if you are on pretrial release with conditions. A violation of release conditions can result in immediate arrest and detention.

Frequently Asked Questions

What is an arraignment in Nevada?

An arraignment is your first formal court appearance after arrest. The judge reads the charges against you, and you enter a plea (guilty, not guilty, or no contest). Almost always, you should plead NOT GUILTY at arraignment regardless of the facts — this preserves your rights to discovery, negotiation, and trial. An attorney can advise you on this. Bail is also addressed at arraignment.

Can I represent myself in a criminal case in Nevada?

You have the constitutional right to represent yourself (pro se) in a criminal case, but it is strongly discouraged except for truly minor infractions. The Nevada Rules of Criminal Procedure, evidence rules, and plea negotiation processes are complex. Prosecutors negotiate very differently with represented defendants than with pro se defendants. For any charge involving potential jail time, having an attorney is essential.

What happens if I'm convicted of a felony in Nevada?

A felony conviction in Nevada results in the loss of civil rights, including the right to vote (restored after sentence completion), the right to possess firearms (permanent under federal law), and the right to serve on a jury. Felons may also face consequences for professional licenses, immigration status, public housing eligibility, and student loan access. These collateral consequences make fighting a felony charge with an experienced attorney critically important.

How long does a criminal case take in Nevada?

Misdemeanor cases in Las Vegas Justice Court often resolve in 1–4 months. Felony cases in Clark County District Court average 6–18 months from arrest to resolution, and cases that go to trial can take 2–3 years. The timeline depends on case complexity, court scheduling, and whether the case settles or goes to trial.

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