484A.760 - Release of defendant when magistrate not available.

484A.760  Release of defendant when magistrate not available.  Whenever any person is taken into custody by a peace officer for the purpose of taking him or her before a magistrate or court as authorized or required in chapters 484A to 484E, inclusive, of NRS upon any charge other than a felony or the offenses enumerated in paragraphs (a) to (e), inclusive, of subsection 1 of NRS 484A.710, and no magistrate is available at the time of arrest, and there is no bail schedule established by the magistrate or court and no lawfully designated court clerk or other public officer who is available and authorized to accept bail upon behalf of the magistrate or court, the person must be released from custody upon the issuance to the person of a misdemeanor citation or traffic citation and the person signing a promise to appear, as provided in NRS 171.1773 or 484A.630, respectively.

      (Added to NRS by 1967, 1212; A 1987, 481; 1999, 1147; 2005, 153)—(Substituted in revision for NRS 484.805)

      NRS 484A.770  Procedure prescribed for arrest without warrant not exclusive.  NRS 484A.630 to 484A.670, inclusive, and 484A.710 to 484A.760, inclusive, govern all peace officers in making arrests without a warrant for violations of any provision of chapters 484A to 484E, inclusive, of NRS, but the procedure prescribed in those sections is not otherwise exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade.

      (Added to NRS by 1967, 1213; A 1985, 1160; 1987, 1442)—(Substituted in revision for NRS 484.809)