Denied public def due to income but cant afford atty in NV crim case

[nunya3261]

My boyfriend was arrested 04/15/2014 (6 days ago) on one felony charge of Battery w/Deadly Weapon and one misdemeanor charge of Conspiracy to Commit Battery w/Deadly Weapon in Washoe County, NV. He has never been read his Miranda rights, and it was determined at his arraignment that his income was too high to qualify for a public defender but since he is incarcerated, his income has now stopped and he cant afford to hire an attorney. What are his options?
At his arraignment, the judge continued the case to 04/22/2014 so the D.A. can decide what charges are going to be "set". FYI: He is a co-defendant on this case (his cousin was, allegedly, the one who actually committed the assault but my boyfriend drove them to the persons house so he was charged with BDW, as well). How long can the court hold him in jail while they wait for the D.A. to decide what the charges will be? And don't all defendants have to be read/given their Miranda rights?

 

[CdwJava]

First off, about 9 in 10 arrests never require Miranda rights. Miranda generally applies only when you have both custody and interrogation. An arrest - by itself - does not require Miranda.

There are a number of factors that might come into play with regards to the delay in arraignment. If he is on probation or parole already, then they can hold him longer than the statutory period. If he is not already on some form of supervised release or O/R release with conditions that might permit him to be held if he violates them, then he can always try to object to any request for a continuance.

He really needs to have the benefit of an attorney. Perhaps family and friends can help hire one at least to handle the matter through arraignment.

 

[army judge]

My boyfriend was arrested 04/15/2014 (6 days ago) on one felony charge of Battery w/Deadly Weapon and one misdemeanor charge of Conspiracy to Commit Battery w/Deadly Weapon in Washoe County, NV. He has never been read his Miranda rights, and it was determined at his arraignment that his income was too high to qualify for a public defender but since he is incarcerated, his income has now stopped and he cant afford to hire an attorney. What are his options?
At his arraignment, the judge continued the case to 04/22/2014 so the D.A. can decide what charges are going to be "set". FYI: He is a co-defendant on this case (his cousin was, allegedly, the one who actually committed the assault but my boyfriend drove them to the persons house so he was charged with BDW, as well). How long can the court hold him in jail while they wait for the D.A. to decide what the charges will be? And don't all defendants have to be read/given their Miranda rights?

He can be held in the hoosegow until he meets the bail requirement, motions for a bail reduction hearing and argues to get his bail reduced, until he's acquitted, or until he's convicted; at which time he won't require bail if he gets prison or more jail time.