Hello, my name is James E. Smith. I’m a criminal defense attorney in Las Vegas, Nevada. I have 25+ years of experience representing people just like you. Call my office during business hours at 702-562-4209, or my hot line after-hours, 702-460-3765. I will give you immediate advice to protect your rights until we can meet in person, whether at my office or at the jail.
7 Rules to Follow in Case of an Arrest:
Rule #1. Admit nothing. You DO have the right to remain silent and this cannot be held against you. The only reason law enforcement wants to talk to you is to have you help them build a case against you. Don’t help them.
Rule #2. Call or text my hot line -702.460.3765 – immediately!
Rule #3. Do NOT consent to a search. You are not legally required to consent to any search of any kind at any time. The police might ask for your permission anyway because they have a right to do so. Any criminal defense attorney will tell you: Do NOT consent.
Rule #4. Don’t sign anything other than a traffic citation. You have a right to be free from unreasonable searches and seizures.
The police have a right to talk to you to get basic information but you have Miranda rights which protect you from police abuse and give you the right to a criminal defense attorney.
Rule #5. Call me BEFORE you call a bondsman. In many cases, I can negotiate a lower bail amount for you. Standard bails are set high — I know how to get bondsmen to lower your bail amount. Also consider posting cash bail to save the 10%+ bail bondsman’s fee.
Rule #6. Treat any potential witnesses as though they are wired — this means that you should say nothing to them at all, or say as little as possible.
Rule #7. Do NOT share the police reports. A lot of snitches use what you say and what they read in reports about you to cut a better deal for themselves with the police.
What Happens After Bail Release:
1. You’ll make a court appearance (at which I will be present with you). This will be an arraignment or bail hearing. I’ll be able to tell you which it will be ahead of time.
2. Next comes EITHER:
- a trial for misdemeanor OR
- a preliminary hearing in gross misdemeanors and felonies.
3. If there is probable cause for a trial on the gross misdemeanor or felony you will be bound over to a higher court for the trial unless you are indicted by the grand jury first.
If your case goes to trial you have a right to:
- not testify
- subpoena witnesses
- cross examine the witnesses against you appeal any decision against you
Gross Misdemeanors and Felonies:
- Before sentencing on gross misdemeanors and felonies the probation department prepares a pre-sentence report with a recommended sentence.
- Most cases are plea bargained before trial and go directly to sentencing.
Misdemeanors and Traffic Cases:
If you are proven guilty, the judge sentences you immediately.
Jury trials can occur for:
- gross misdemeanors
- If your property gets seized by the police it is either held for evidence or the government will attempt to forfeit it.
- In any criminal case it is best to get an attorney if you think you might get charged with a crime.
NOTE: If you live outside the State of Nevada, I can often have your personal appearance at court waived — I appear for you.
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