The blue and red lights flash in your rearview mirror. Your heart races. Or maybe officers knock on your door at an unexpected hour. Whatever the circumstances, finding yourself under arrest in Reno can turn your world upside down in seconds. The uncertainty, fear, and confusion can be overwhelming, but knowing what comes next can make all the difference between protecting your rights and making mistakes that could haunt your case for months or years to come.
The uncertainty, fear, and confusion after an arrest can be overwhelming, but knowing what comes next can make all the difference. Understanding your rights, the booking process, and what to expect in the hours and days following an arrest can help you avoid mistakes that could affect your case for months or years.
When Can Police Arrest You in Reno?
Nevada law provides clear guidelines about arrests. Under NRS 171.104, an arrest means taking a person into custody in a manner authorized by law. Police can make an arrest either with a warrant signed by a judge or without one when they have probable cause to believe you committed a crime.
Here’s something many people don’t know about timing. According to NRS 171.136, if you’re facing felony or gross misdemeanor charges, officers can arrest you any time, day or night. However, for misdemeanor offenses, arrests generally cannot happen between 7:00 PM and 7:00 AM unless specific circumstances exist, such as a judge’s direction or if you committed the offense within the officer’s presence.
Probable cause means officers must have specific facts and evidence that would lead a reasonable person to believe a crime was committed and that you were involved. It’s more than a hunch or just not liking your attitude. The evidence must point to a reasonable belief that criminal activity occurred and that you were involved.
What Rights Do You Have During an Arrest?
The moment handcuffs click around your wrists, certain constitutional protections activate. You’ve probably heard about Miranda rights from television shows, but understanding them in real life matters far more than anything you’ve seen on screen.
Police must inform you of your Miranda rights before conducting custodial interrogation. These rights include your right to remain silent and your right to an attorney. Anything you say truly can and will be used against you in court. Many people make the mistake of thinking they can talk their way out of trouble. In our experience, silence serves you better than explanations during an arrest.
Under NRS 171.153, Nevada law guarantees you the right to make telephone calls after your arrest. You’re entitled to a reasonable number of completed calls, which must include at least one call to a friend or bail agent and one call to an attorney. When you get that phone call, use it wisely. Calling a qualified criminal defense attorney should be your top priority.
The Booking Process at Washoe County Jail
After your arrest in Reno, officers transport you to the Washoe County Detention Facility at 911 E. Parr Boulevard. The booking process can feel dehumanizing, but it’s a standard procedure that every arrested person goes through.
During booking, staff will record your personal information including your full name, date of birth, physical characteristics, and address. You’ll be photographed for a mugshot and fingerprinted for identification purposes. Officers will conduct a background check to see if you have any previous criminal history or outstanding warrants.
Your personal belongings get inventoried and stored. Everything from your wallet to your shoelaces may be taken and catalogued. You’ll receive a receipt for these items, which you’ll get back upon release. Officers may search you to ensure you’re not bringing weapons or contraband into the facility.
Here’s something important about questioning during booking. While officers must read you Miranda rights before custodial interrogation, they don’t need to provide those warnings for routine booking questions like your name, address, and date of birth. However, you’re not required to answer questions beyond basic identifying information. If officers start asking about the alleged crime, remember your right to remain silent and request an attorney.
The 48-Hour and 72-Hour Hearings
If you cannot post bail immediately, Nevada’s criminal justice system provides specific timelines for getting you before a judge. These proceedings protect your constitutional rights and ensure the government can’t hold you indefinitely without judicial review.
The 48-hour hearing happens within two judicial days after your arrest. Note that judicial days don’t include weekends or holidays when courts are closed. So if you’re arrested Friday night before a holiday weekend, your 48-hour hearing might not occur until several days later.
This hearing typically happens in the judge’s chambers without your presence. The judge reviews the evidence and determines whether enough probable cause exists to continue holding you. Defense attorneys rarely attend these proceedings, which are largely administrative in nature.
The 72-hour hearing, also called your initial appearance, occurs within three judicial days of arrest and serves as your arraignment if you’re still in custody. This is where you’ll see a judge face-to-face for the first time. At this hearing, prosecutors formally charge you by presenting a criminal complaint that lists the specific offenses you allegedly committed.
During this appearance, the judge will inform you of the charges against you and ask how you plead. In most cases, pleading not guilty makes sense at this stage, even if you think you might want to negotiate later. You’ll have time to review the evidence and consult with an attorney before making final decisions about your case.
How Does Bail Work in Nevada?
Bail is a promise to the court that you will appear at all required hearings and follow court orders. Under Nevada’s constitution and NRS 178.484, most people have the right to bail. Bail can only be denied in very serious cases, such as certain murders or capital offenses, when the evidence shows “the proof is evident or the presumption great.”
Factors That Determine Bail Amount:
- Seriousness of the charges
- Criminal history
- Community ties
- Employment status
- Flight risk assessment
- Public safety concerns
Options for Posting Bail:
- Cash bail – Pay the full amount, which is returned at case conclusion if you meet all conditions
- Bail bondsman – Pay a non-refundable 15% fee; the bondsman posts the full amount
- O.R. release – Released without paying bail based on your promise to appear; your attorney can request this by showing you’re not a flight risk or danger to the community
Courts use bail schedules with default amounts for different crimes, but judges can adjust these based on your individual circumstances.
What Happens If You Can’t Afford Bail?
If bail is set too high for you to afford, you’re not without options. Your criminal defense attorney can file a motion asking the judge to reduce the bail amount. At a bail reduction hearing, your attorney will present evidence about your ties to the community, employment, family responsibilities, and lack of criminal history to persuade the judge that a lower amount is appropriate.
For those who remain in custody, the law provides some protection against indefinite detention. If you can’t make bail, you’re still entitled to a speedy resolution of your case. The prosecution must move forward within certain timeframes or risk having charges dismissed.
Should You Talk to Police?
This question trips up more people than almost any other aspect of the arrest process. The answer is simple but difficult for many to follow in the moment. Beyond providing your name and basic identification, you should not answer questions about the alleged crime without an attorney present.
Many people mistakenly believe that refusing to talk makes them look guilty. Others think they can explain away the situation if given a chance. However, police are trained interrogators who use sophisticated techniques to elicit incriminating statements. Even innocent people can say things that get twisted or misinterpreted during prosecution.
When officers ask to “just clear some things up” or tell you that “things will go easier if you cooperate,” they’re not required to be honest with you during questioning. They can lie about evidence they have or don’t have. They can exaggerate the seriousness of your situation. Their job is to build a case against you, not to be your friend.
The moment you say “I want to remain silent” and “I want a lawyer,” questioning should stop. If officers continue asking questions after you’ve invoked these rights, your attorney may be able to get those statements thrown out of court.
The Importance of Getting an Attorney Immediately
The single most important decision you make after an arrest is choosing when to contact a criminal defense attorney. The answer should be immediately, not after you try to handle things yourself or after you talk to police.
An attorney serves multiple functions right from the start. First, they can appear at your bail hearing and argue for your release or for reduced bail. Second, they can be present during any police questioning, protecting you from making damaging statements. Third, they can begin investigating your case immediately while evidence is fresh and witnesses are available.
Nevada provides public defenders for those who cannot afford private counsel, but there are advantages to hiring a private attorney when possible. Private attorneys typically handle fewer cases, meaning they can devote more time and attention to your specific situation. They have resources to conduct independent investigations and hire specialists if needed.
Common Mistakes People Make After Being Arrested
Over years of defending clients, we’ve seen certain mistakes repeated again and again. Talking to police without an attorney present tops the list, but other errors can be equally damaging to your case.
Many people discuss their case with friends, family members, or other inmates while in jail. These conversations are often recorded or monitored, and what you say can be used against you. Jailhouse informants may even befriend you specifically to gather information for prosecutors.
Posting about your case on social media ranks as another common mistake. Anything you write online becomes potential evidence. Photos, status updates, or comments that seem harmless to you might contradict your defense or make you look bad to a jury.
Some people try to contact victims or witnesses involved in their case. This almost always makes things worse and can result in additional charges like witness tampering or violating protective orders.
What Comes After Your Initial Appearance?
Your case doesn’t end with the arraignment. Several stages follow, and understanding what’s ahead helps you prepare mentally and legally for the process.
Pretrial conferences give your attorney opportunities to negotiate with prosecutors. In these meetings, which you typically don’t attend, lawyers discuss the evidence and explore possibilities for resolving the case through plea agreements or reduced charges.
For felony cases, a preliminary hearing may occur where a judge determines whether enough evidence exists to proceed to trial. This isn’t a full trial, but prosecutors must present enough proof to show probable cause that you committed the alleged crime.
If your case doesn’t resolve through negotiation, it proceeds to trial. You have the right to a jury trial for most serious offenses, though you can choose a bench trial where only the judge decides your fate.
Can Your Arrest Record Be Sealed?
Many people worry about how an arrest will affect their future employment, housing, and reputation. Nevada law does provide options for sealing arrest records in certain circumstances.
If your case is dismissed or you’re found not guilty, you can petition the court to seal all records related to your arrest. The court will notify prosecutors and hold a hearing before deciding whether to grant the petition. Once sealed, the arrest is treated as if it never occurred, and you can legally answer questions accordingly.
Even convictions may be eligible for sealing after certain waiting periods pass, depending on the type of offense. An experienced attorney can advise you about your specific eligibility and help you through the sealing process when the time comes.
Key Takeaways
Being arrested in Reno triggers a specific process governed by Nevada law. Understanding your rights and the steps that follow can help you make better decisions during a stressful time.
Remember these important points:
- You have the right to remain silent and should exercise it beyond providing basic identification
- You’re entitled to phone calls after arrest, including one to an attorney
- Booking occurs at Washoe County Detention Facility and includes fingerprinting, photographing, and property inventory
- You’ll see a judge within 48 to 72 hours if you remain in custody
- Most people have a right to bail, with amounts varying based on charges and individual circumstances
- An attorney can help at every stage, from bail hearings through trial
- Anything you say can be used against you, including conversations with family, friends, or other inmates
- Contacting an experienced criminal defense attorney immediately protects your rights and improves your chances of a favorable outcome
Frequently Asked Questions
Can police arrest me without reading Miranda rights?
Yes, police can arrest you without reading Miranda rights. Officers only need to provide Miranda warnings before conducting custodial interrogation. If they arrest you but don’t question you about the alleged crime, they don’t need to Mirandize you. However, if they question you while you’re in custody without first reading your rights, statements you make may be inadmissible in court.
How long can police hold me before charging me?
If you’re held in custody, you must be brought before a judge within 72 hours (three judicial days) for an initial appearance where formal charges are presented. If prosecutors don’t bring charges within this timeframe, the judge may order your release. However, this doesn’t necessarily mean they can’t charge you later.
What if I can’t afford bail?
If you cannot afford the bail amount set by the court, you have options. Your attorney can file a motion for bail reduction and present evidence about why a lower amount is appropriate. You might also qualify for O.R. release, where the judge releases you without requiring bail payment based on your promise to appear at all court dates.
Will I definitely go to jail if I’m arrested?
Not necessarily. Being arrested doesn’t mean you’ll serve jail time. Many people get released on bail and never return to custody if their case is dismissed or resolved favorably. Even if convicted, depending on the charges and circumstances, you might receive probation, community service, or other alternatives to incarceration.
Can I represent myself in court?
While you technically have the right to represent yourself, it’s almost never a good idea. Criminal cases involve complex legal procedures, evidence rules, and negotiation strategies that require training and experience. Even minor procedural mistakes can have serious consequences. Prosecutors are trained attorneys, and you deserve qualified representation on your side too.
What’s the difference between an arrest and being charged?
An arrest happens when police take you into custody. Charges come later when prosecutors formally accuse you of specific crimes. You can be arrested and never charged if prosecutors decide the evidence is insufficient. Conversely, you can be charged with crimes through a summons without ever being arrested.
Contact Nevada Criminal Defense Attorney Now!
If you or someone you care about has been arrested in Reno, time matters. Every moment you wait to get legal representation is a moment prosecutors use to build their case against you. The decisions you make in the hours and days following an arrest can determine whether you walk free or face serious consequences.
At Joey Gilbert Law, P.C., we’ve built our reputation on fighting aggressively for clients facing criminal charges throughout Washoe County. We know the local courts, prosecutors, and judges. We understand how the system works in Reno, and we use that knowledge to protect your rights and pursue the best possible outcome for your situation.
Don’t face the criminal justice system alone. Don’t rely on hope or luck. Get someone in your corner who knows how to fight. Contact us for a free consultation about your case. We’re ready to start working for you right now, whether you’re still in custody or have already been released on bail. Your future is too important to leave to chance.
