If your loved one was recently arrested in Clark County, you are presumably concerned with getting an answer to one question: When will he or she be released? You are probably also wondering what it might cost to make this happen.
You may have heard about certain 48-hour and 72-hour hearings, but have little to no idea what will happen during these events or what you might be able to do that can help. The one action you can immediately take that will give your loved one the greatest chance of being released as soon as possible is getting him or her legal representation today.
Las Vegas 72-Hour Hearing Lawyer
Michael Pariente is a former prosecutor and federal public defender who has more than 15 years of experience in the criminal justice system. Pariente Law Firm, P.C. helps people from such communities as Sunrise Manor, Paradise, North Las Vegas, Laughlin, Spring Valley, and more.
Our Clark County 72-hour hearing attorney understands the tremendous stress that arrests place not only on alleged offenders but entire families as well. You can have our firm provide a complete evaluation of your case as soon as you call (702) 966-5310 to schedule a free, confidential consultation.
Nevada 72-Hour Hearing Information Center
- How does a 48-hour hearing work?
- What happens at a 72-hour hearing?
- Why do I need an attorney for one of these hearings?
A 48-hour hearing is not a traditional hearing in a formal court setting. Rather, this is a case review that is performed by a Justice Court judge in his or her chambers.
This review usually occurs without the presence of a prosecutor or attorney for the alleged offender. The alleged offender, however, may appear via video from the detention center he or she is being held at.
The primary purpose of a 48-hour hearing is for a judge to determine whether there is sufficient probable cause to detain an alleged offender until the formal charges are filed by the state attorney within three business days. The hearing will also give the judge an opportunity to adjust the alleged offender’s bail.
Clark County uses a standard bail schedule, which means that bail amounts are automatically set as soon as an alleged offender has been taken into custody. For example, all misdemeanor, gross misdemeanor, or felony violations of temporary or extended protection orders result in bail being set at $15,000, but all other gross misdemeanors are set at $2,000.
Certain felony offenses such as attempted murder (or “attempt murder” in court documents), DUI resulting in death or substantial bodily harm, and all other category A felonies do not have set amounts and bail is set in court. While the judge reserves the right to increase or decrease bail amounts at a 48-hour hearing, it will often remain set according to the standard bail schedule and alleged offenders typically have to wait until the 72-hour hearing to argue for a reduced amount.
These types of hearings are the dates that the district attorneys must file formal charges by. The alleged offender’s lawyer will have the opportunity to review the criminal complaint and argue for either reduced bail or to have the alleged offender released on his or her own recognizance.
If the district attorney has not filed formal charges within 72 hours, then the alleged offender may be eligible for release. There are some cases in which a district attorney is unable to file formal charges within three days, such as drug charges in which lab results involving controlled substances can take much longer than 72 hours.
The 72-hour hearing is the alleged offender’s first and best chance to have his or her bail reduced so he or she can be released from custody. Many judges can be reluctant to deviate from the standard bail amounts after they have already reviewed the cases, which is why it is critical to have legal counsel who can present numerous arguments to the court that the judge may not have previously considered.
It is important to understand that not all hearings occur within 72 hours of an alleged offender’s arrest. The 72 hours refer to business days, meaning that an alleged offender who is arrested during a holiday or on a weekend (or, worse yet, on a holiday before a weekend) could feasibly be forced to wait several days before this hearing occurs.
In order for an alleged offender to receive a reduction in his or her bail or be released on his or her own recognizance, he or she will need to convince the judge that there would be no consequences to making such a decision. An experienced lawyer will know the best ways to prove that an alleged offender does not present any danger to the community or flight risk (the likelihood of an alleged offender leaving the state or country to avoid criminal prosecution).
Some of the ways that an attorney may be able to argue for a lower bail or own recognizance (OR) release include, but are not limited to:
- Family, stable employment, and other ties the community
- Lack of previous criminal record
- Alleged offense did not involve weapons or firearm possession
- Character references from friends and family
- Any memberships in local organizations
In certain cases, an alleged offender may make concessions in order to appease any concerns a judge might have. These might include an alleged offender surrendering his or her passport or agreeing to electronic monitoring.
Find a 72-Hour Hearing Lawyer in Clark County
Was your loved one arrested in the greater Las Vegas area? You will want to contact Pariente Law Firm, P.C. as soon as possible for legal assistance before the 72-hour hearing.
Michael Pariente represents clients in such areas as Mesquite, Nellis Air Force Base, Enterprise, Boulder City, and Henderson. Our Las Vegas 72-hour hearing attorney can review your case and help you understand your legal options when you call (702) 966-5310 to arrange a free consultation.