Legal Question in Criminal Law in Nevada

due process

defendant gets arrested jan 3 1999 sits in jail 8 days no file, but is ordered by the judge to appear in court 6 months later, to see if charges have been filed by d.a., 6 months later no file, 9 months later, defendant registers as ex-felon address change, defendant is arrested under a warrant,for said case, posted bond, arraignment is not set until jan 3 2000, posted bond on aug 20 1999 is this legal to arrest under a warrant, and not be arraigned in a timely manner?


Asked on 11/25/99, 5:13 pm

1 Answer from Attorneys
James Smith James E. Smith Ltd.

Re: due process

This is a typical procedure in Clark County. If you are arrested you appear before a judge within 48 hours. The judge then sets a deadline for the D.A. to file a charge. If the D.A. does not file a charge then the Defendant is released. At this point you should have had an attorney monitor the case. The D.A. has a year to file charges against those out of custody. Apparently the D.A. filed charges after 6 months but within a year period. If you had not been able to make bail you would have had an arraignment right away and a preliminary hearing within 15 days of the arraignment. Because you were able to make bail (or if you were given an Own Recognizance Release), the judge set your arraignment in ordinary course. So no there are no due process violations. However, sometimes you don't find them until you challenge the procedures.

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Answered on 11/29/99, 11:18 pm


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