Within 48 hours of an arrest without a warrant in Elko County, the judge determines whether there is probable cause to further detain the arrestee who has not already been able to post bail under a revised bail schedule by reviewing the arresting peace officer’s declaration of probable cause for the arrest. Gerstein v. Pugh, 420 U.S. 103 (1975); County of Riverside v. McLaughlin, 500 U.S. 44, 56 (1991).

The judge sets bail per a revised bail schedule for each charge for which there is probable cause to further detain an arrestee. If appropriate based upon a reading of the arresting officer’s written declaration made under penalty of perjury, the judge may find probable cause to detain an arrestee for the charge(s) on which s/he was arrested or another charge or charges.

Arrestees for whom no probable cause is found to detain further are immediately released from custody.