Arrested and standing in handcuffs is not generally a place we see ourselves. The hours that follow an arrest can be scary, particularly if it is a first arrest and you are unfamiliar with the criminal justice process.
While this article is not legal advice, it can offer some basic information about what happens next.
At the time of arrest, you may ask officers why you are being arrested. Keep in mind that the charges ultimately filed may change as law enforcement investigates and prosecutors review the case.
Law enforcement officers also offer some simple advice: Stay calm and be respectful. Resisting arrest can be dangerous to both you and the arresting officer, and becoming combative can turn a relatively routine arrest into a much more serious matter with additional charges.
Being arrested is only the beginning of the process and does not mean you are guilty or have been convicted. It means you have been taken into custody based on legal authority and probable cause, which requires more than a hunch or suspicion but far less than the proof needed to convict.
Following an arrest, officers will transport you to jail for booking, where detention staff will also assess whether you have medical or other special needs.
And, just like in the movies, you are allowed phone calls. Nevada law gives you the right to make a reasonable number of completed calls, including calls to family, an attorney, or a bail agent.
There is a catch: The law does not guarantee access to your cellphone, which will ordinarily be secured with your other property. Whether staff allows you to retrieve a number from it depends on the facility. So, while it may seem drastically outdated, memorizing at least one important phone number can suddenly become very useful.
If you remain in custody, detention facilities generally provide ways to communicate with family and friends, although the systems and costs vary. These may include paid phone calls, messaging, or video visitation. Family and friends may also be able to deposit money into an inmate account for commissary and other available services.
An initial bail amount can sometimes be set before you appear before a judge. In many cases, once bail is posted, you can be released, although exceptions apply, including in some domestic battery and DUI cases.
If you cannot post bail, Nevada law generally requires a pretrial release hearing within 48 hours. Weekends count; legal holidays do not.
At that hearing, the judge is not deciding whether you are guilty. The judge is deciding whether you will remain in custody or be released and, if released, under what conditions. Under the Nevada Supreme Court’s Valdez-Jimenez decision, courts must make an individualized determination, considering factors such as your ability to pay and whether less restrictive conditions can reasonably ensure your return to court and community safety.
Depending on the timing and circumstances, an arraignment may also occur – which you must attend even if you posted bail. This is when you are formally advised of the charges and called upon to enter a plea, but you do not have to enter one at that time. If you cannot afford an attorney, you may also qualify for appointed counsel.
What happens from there depends on the case and may include additional hearings, negotiations, a preliminary hearing, trial, or sentencing. Those are topics for another Civics 101.
For now, remember: An arrest begins the criminal justice process; it does not end it. You remain presumed innocent unless and until guilt is established.
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