Under Nevada law, an arrest is formally defined as “the taking of a person into custody, in a case and in the manner authorized by law.” Arrests may be made by a peace officer or by a private person. ↗ NRS 171.104

There are three primary types of arrests in Nevada:

Timing Rules: When Can an Arrest Be Made?

Nevada law distinguishes arrest timing based on the severity of the offense. Under ↗ NRS 171.136:

• Felony or gross misdemeanor: An arrest may be made at any time of day or night.
• Misdemeanor: An arrest generally may not be made between 7:00 PM and 7:00 AM — except when the offense is committed in the officer’s presence, or in cases involving domestic violence, DUI, or other specific statutory exceptions.

When you are arrested, you have constitutional rights that apply immediately — and others that are triggered once police begin questioning. Understanding the difference is critical.

After arrest, you will be transported to a county jail or detention facility for booking. This is an administrative process where law enforcement creates a formal record of your arrest. Booking is not a court proceeding — it is processing by the jail.

Booking typically includes:

• Personal information recorded — Full name, date of birth, and address entered into the system.
• Fingerprinting — Collected and checked against state and federal databases for outstanding warrants and prior history.
• Photographs (mugshot) — A booking photo is taken and becomes part of your official arrest record.
• Search of your person — Officers conduct a full search; weapons, contraband, or evidence may be seized.
• Personal property inventory — Wallet, phone, keys, and other items catalogued and held until release.
• Health screening — A basic medical/mental health screening to determine appropriate housing within the facility.

If you remain in custody after arrest, a judge must hold a hearing within 48 hours to review your custody status and determine whether bail is appropriate.

The “Judicial Days” Problem

The 48-hour window counts calendar time, but courts typically only hold these hearings on judicial business days. A Friday evening arrest may mean you do not see a judge until Monday morning — potentially 60+ hours later. This is one of the strongest reasons to have an attorney working on your case as early as possible — they can appear at this hearing and argue for your release or for reduced bail conditions.

At this hearing, under ↗ NRS 178.4851, the court must sign and file a document setting out all conditions of release — which may include a bail amount, electronic monitoring, no-contact orders, or release on your own recognizance (OR).

Bail is a financial or conditional guarantee that you will appear for all future court proceedings in exchange for release from custody before trial. Under ↗ NRS 178.484, you generally have the right to bail before conviction — with certain exceptions for capital offenses or when the court finds you pose an unreasonable danger or flight risk.

Forms of Bail

• Cash bail: The full bail amount is deposited with the court. Returned at the conclusion of your case if you make all appearances.
• Bail bond (surety): A licensed bail bondsman posts the full amount on your behalf, typically charging a non-refundable premium (commonly 10–15% of the bail amount). If you fail to appear, the bondsman is liable for the full amount.
• Own Recognizance (OR) Release: Released on your promise to appear, with no financial deposit required. Typically reserved for low-risk defendants with strong community ties.
• Supervised / Conditional Release: Release with conditions such as electronic monitoring, regular check-ins, no-contact orders, or travel restrictions.

What Factors Does the Judge Consider?

Under ↗ NRS 178.4853, the court weighs the following when setting bail:

The arraignment is your first formal court appearance where the charges against you are officially read aloud and you enter a plea. This is not a trial. Its purpose is to inform you of the specific charges the prosecutor has filed against you.

What Happens at Arraignment?

• The judge reads the formal charges (the information, complaint, or indictment) aloud.
• You are asked to enter a plea: Guilty, Not Guilty, or No Contest (nolo contendere).
• Bail conditions may be reviewed or modified.
• The judge sets a date for future hearings.

What Plea Should You Enter?

In nearly every case, a defendant should enter a Not Guilty plea at arraignment — even if they ultimately intend to negotiate a plea deal later. Entering not guilty preserves all your legal options and gives your attorney time to review the evidence and negotiate the best possible outcome. A guilty plea at arraignment is almost always premature.

When Does Arraignment Happen?

• If you are in custody: Arraignment must be held promptly, typically within 72 hours of arrest (excluding weekends and holidays in practice).
• If released on bail: Arraignment is typically scheduled a few weeks out, giving both sides time to prepare.

After arraignment, your case follows one of two distinct procedural tracks depending on the severity of the charges.

Preliminary Hearing (Felonies Only)

Under ↗ NRS 171.196, a defendant charged with a felony has the right to a preliminary examination before a magistrate. This is not a mini-trial — it is a probable cause screening. The prosecution must present enough evidence to establish that a crime was committed and that you likely committed it. You may cross-examine witnesses and challenge evidence. If probable cause is not established, charges may be dismissed or reduced.

Pretrial Motions

Before trial, your attorney may file motions to suppress illegally obtained evidence, dismiss charges for lack of probable cause, or challenge the constitutionality of police conduct. Evidence obtained from an unlawful search, for example, may be excluded entirely under the exclusionary rule.

Discovery

Both sides are entitled to exchange evidence before trial. Your attorney will review police reports, witness statements, body camera footage, forensic evidence, and any other materials the prosecution intends to use. Under ↗ NRS 171.1965, discovery rights apply before preliminary examination as well.

Plea Negotiations

The majority of criminal cases in Nevada are resolved through plea negotiations rather than trial. Your attorney will negotiate with the District Attorney’s office to potentially reduce charges, dismiss counts, or secure a more favorable sentencing recommendation. Whether to accept a plea deal is always your decision, never your attorney’s.

If your case is not resolved through a plea agreement, it proceeds to trial. Nevada defendants have the right to a jury trial for offenses carrying more than six months in custody.

Jury Trial vs. Bench Trial

• Jury trial: A panel of 12 jurors (for felonies) or 6 jurors (for misdemeanors) hears the evidence and must reach a unanimous verdict to convict.
• Bench trial: A judge hears all evidence and renders a verdict without a jury. A defendant may waive the right to a jury trial and choose a bench trial.

The prosecution must prove every element of the charge beyond a reasonable doubt — the highest standard in the American legal system. You are presumed innocent until proven guilty.

Sentencing

If found guilty — at trial or through a guilty plea — the court proceeds to sentencing. In misdemeanor cases, sentencing may occur immediately. In felony cases, sentencing typically happens weeks to months later, after a presentence investigation report is prepared. Nevada law provides specific sentencing ranges for each category of offense; judges have significant discretion within those ranges.

Appeal

A convicted defendant has the right to appeal to the Nevada Court of Appeals (for District Court cases) or the Nevada Supreme Court. Appeals are not new trials — they review whether legal errors occurred that affected the outcome. Strict deadlines apply, and grounds for appeal must be identified and preserved during the original proceedings.