Legal Question in Criminal Law in Nevada

Can a person be arrested on a warrant when they were never issued a citation or a ticket? My 19 year old twins were at our local park and an officer approached him and his twin brother wanting to know what they were doing. Stating that the police had received a complaint about people hanging out in the parking lot. They were smoking (cigarettes). The officer asked if he could search his car and he stated yes. In the glove box, there was a prescription bottle with my son's girlfriends name on it. My son did not know they were even in his car. The officer opened the bottle and there were a couple pills inside. The officer did a field drug test and it did not test positive. When my son saw the pills, he told the officer that they were Roxy's because he has seen his girlfriend take them in the past and she gets them from the father of her child. My son gave the officer his first name but did not know the last name. The officer let my son go and did not issue a ticket. Two days ago, he was pulled over and arrested for this. Evidently the police 9 months after the park incident, filed a criminal complaint against him. He had no knowledge of this. Is this legal? The complaint doesn't even have an exact date on it. It stated "on or about the 3rd day of April 2011. How can that be? It is either on that day or not. I am so confused.


Asked on 8/28/12, 10:37 am

1 Answer from Attorneys
Joseph Iarussi Advanced Litigation Services, Inc.

"On or about __" is the way the state phrases the complaint. They can always get the exact date at the time of the prelimnnary hearing and change or Amend the Complaint if the date os not actuallly April 3rd.

The State also has the option of sending a summons to the person to appear in court or applying for an arrest warrant on more serious charges, such as felonies.

Possession of a controlled substance in Nevada is a felony and they probably asked for an arrest warrant, and the reason he was not aware of the complaint filed against him.

Read more
Answered on 1/21/13, 12:02 pm


Related Questions & Answers

More Criminal Law questions and answers in Nevada